fore the people. The process of naturalization, | Murphy]; I believe it is the same language. In that is, the taking out of the first as well as of the 1826 the entire restrictions were removed from the second paper is therefore principally reserved to white man; and left this identical proposition now the months of September and October of each year. submitted by the gentleman from Kings [Mr. My learned friend from New York [Mr. Daly], Murphy] in the Constitution as it stood. Now, let who is a judge of the court of common pleas, us look at it and see. On that principle a man the gentleman from Kings [Mr. Barnard], and that has two hundred and fifty dollars worth of some others have fully explained the customary real estate, free from all charges thereon, and who modus operandi in this process of naturaliza- has been actually assessed, and paid taxes theretion, and have likewise pointed out the in- on, is a voter. Let us look at its operation. A jurious effect of the proposed extension of time class of men may be voters, and when the from ten to thirty days. It is therefore safe to industrious citizen, under the Constitution of say, that if this thirty-day clause of the majority the State of New York, and by misfortune report of the Committee on the Right of Suffrage and by sickness he is compelled to meet his obliis retained, more than one-half the number of all gations like white men, and he mortgages that those who in 1866 have taken out their first pa- little homestead to fulfill the obligation he owes as pers and are by completing their naturalization in a citizen, and as a man of honor, and when the the fall of 1868 under the law of Congress and the assessor comes around, it turns out that his little Constitution of the State entitled to vote in No-homestead is not worth $250, over and above the vember of the last named year, will, under this incumbrances and charges thereon, here you have thirty-day clause be temporarily disfranchised: it that a citizen, that is a voter under the Constithey cannot vote before the year of 1869; plighted tution, by means of misfortune, has been disfaith is broken to them, and federal law and State franchised, not by his act, but by the Constitution Constitution are ignored in order to satisfy a mere of the State. More than this, in consequence of the caprice, for the so called evil or abuse complained prejudice against him on account of his color, the of is not removed by the proposed remedy, but incendiary may apply the torch to his building, diluted only, or extended over a longer period of and commit the crime of arson, and also bring time. This being the fact, I desire to inquire in him below the standard, and when the colored all candor and friendliness of the gentleman from man comes to the polls, will gentlemen tell me he Westchester [Mr. Greeley], whether in his opinion is not as intelligent and not as capable of it is fair and just to ask several hundred thousand exercising the right of suffrage then as he of naturalized voters, living in this State, to assist was before? More than this, sir, if the asseshim to extend the right of suffrage to all the col-sor fails to perform his duty, then he will be ored people in this State and at the same time to disfranchised under this amendment of the visit proscription, and temporarily disfranchise gentleman from Kings [Mr. Murphy]. Now, I their own kinsmen? Has the gentleman from know it is claimed by some that this right should Westchester [Mr. Greeley] any reason to expect not be extended to him, because he is inferior to that any naturalized voter, not entirely devoid of the white race. Does it seem fair for us, if we self-respect, will sustain his thirty-day clause? If claim that to be so, because he may be a little infethere is no reason to expect such self-pollution on rior than we are, to place a burden on him? Rather the part of the adopted citizens, will the gentle-should we not lift him up to the standard of man from Westchester [Mr. Greeley] nevertheless insist on his proposition and thereby take the responsibility upon himself of sealing beforehand the fate of the work of this body? Or does he not deem it better to accede to the amendment of the gentleman from Ontario [Mr. Folger] and thereby to do what is but just and right? humanity, and try to bring him up rather than press him down. The farmers of this country don't treat their dumb beasts this way. If they have one horse weaker than another, they give the weak one the long end of the whiffletree. We will not reverse the order of things in this case. But the minority report and the argument of the honMr. WAKEMAN-The immediate subject be- orable gentleman from Kings [Mr. Murphy], does fore this committee I understand to be the ques- not pretend for a single moment to defend the tion of a submission of the question of doing away property qualification, but they say inasmuch as with the property qualification for the negro; but the people of this State have again and again of the justice of a property qualification, and rejected it, therefore it should be rejected again. connected with the merits of the question, If you look back a few years, and but a few years, I propose, for a few moments, to examine the prop- you will see there has been a revolution going erty qualification in its application. And just let on in this country-a revolution that men us examine the property qualification as it stands. and parties cannot stop-a revolution, sir, that I suppose it has been adopted as a basis of intel- has carried State after State, and State after State, ligence, for it can be defended on no other principle; against the party then in power and which had and as it has been recognized by the government been in power almost from the formation of the of this State, that the colored man should vote, I government. And the party now in power take it that it was originally placed there as evi- has struggled hard against it, and yet this revoludence of the intelligence of the voter when he tion is going on, and it will go onward until this should have acquired two hundred and fifty dol-principle is recognized in placing the colored man, lars worth of property. Originally, in 1777, it where he should be by enfranchising him with was applied to all men. In 1821, there were still the white man. Now, how was it a few years restrictions on the white as well as the black ago, when the honorable gentleman from New man, but it was the same provision in 1821 as the York [Mr. Colahan] referred a few moamendment of the gentleman from Kings [Mr.ments ago to the poor, down-trodden slave in Virginia, that could not tell who George the white man. But time rolled along, and for Washington was, nor who Jesus Christ was. more than one year the work progressed on this Why did he reflect for a single moment, that at line, and yet our armies were not victorious. that very hour it was a crime in Virginia to teach Why, sir? We had failed to recognize the the poor colored boy that his Saviour died that he existing fact, that the war was for the purmight live? Did he know then, that by the pose of destroying the Union and establishing laws of Virginia, a female would be imprisoned slavery as its chief corner-stone, and when the if she should undertake to teach the poor proclamation of Abraham Lincoln was procolored boy to read and to write? Why, Mr. claimed, it was not alone the Democratic party Chairman, if the white race had then been in who were alarmed at it; many true and bondage as long, and had been treated as we loyal men of the Republican party faltered on have treated the slaves in Virginia, would the the wayside almost. They were fearful of its poor white boy be able to answer all the consequences upon the people of the North and questions presented by the gentleman from New of the South. Yet, sir, when that proclamation York [Mr. Colahan]? It seems to me not, I say was made, and we commenced action under it, by there is a revolution going on and it will still go allowing the colored soldier to take the place of on. Sir, it was but a few years ago that the the white man, and placed the musket in his hand, "old man eloquent," John Quincy Adams, used to and when we called two hundred thousand of the stand up in Congress and present petition after black men and put United States uniforms upon petition, for what? Not from the colored men, them, then it was that the tide of battle set but from the white men and women of this coun-in in favor of the victorious North, and the try. For what? For the abolition of slavery in Government. Until then, sir, we had the the District of Columbia, the only tribunal that Bull Run defeats. Until then, the war being had jurisdiction of the subject, and yet, fought out on the other line was a failure. under the Constitution of the United States, From that time, henceforward, we went right where it states explicitly that Congress shall pass along from victory to victory, until the final no law, abridging the right of the people to as- truimph of the fall of Richmond. This shows to semble together peaceably, and to petition the gov- my mind that God still rules the destinies of ernment for relief; and yet, sir, these petitions nations. Now, Mr. Chairman, in the light of these were received, it is true, after a while, but un- facts, the facts of history, I ask whether public read and unreferred they were put under the opinion is not prepared to-day to put the table. The glorious old man lived to see that rule final finish upon this question forever. I ask abolished, and when he said "this is the last of my democratic friends on this floor, whether earth" he had the satisfaction of knowing that they are not prepared here and now to say the odious rule which was called the "Atherton that this question shall be disposed of. You gag" had been abolished. Time moves on. In 1850 can do more in this Convention in one day, if you the celebrated compromises were made, by which will, than Congress, which is now sitting practhere was a finality put to the slavery question, and tically with this very question before them-I so thoroughly were the people convinced of this mean in the reconstruction of the government, that the two great parties of the country in their for it involves that- for if the strong men of nominations of 1852 made it a finality. But this New York will only come up here along with revolution which is going on would not allow it to us and say we now acknowledge the sitbe a finality, for when slavery had gained that uation, and the question of reconstruction particular point in the controversey, then it would be substantially settled. It would was that the compromise of 1820 was at- be said to those gentlemen who have acted tacked, and when that was repealed the party with the gentlemen in the past that it is no use then in power were overthrown by a party based for us to struggle any longer, and we therefore upon this repeal and against the extension of acknowledge the situation, and they would most slavery, and from that, along up to the commence-assuredly acquiesce in it. Thus by our action on ment of the war, this question has been this question we would encourage the loyal men going on steadily, but as surely as water of the south that they must submit to the situa finds its level. In 1861, after having elected a tion, and seats that are now vacant in WashingPresident upon this question, the South made war ton would soon be filled. I was exceedon the Government of the United States for the ingly sorry and felt somewhat pained, purpose of destroying this Union. And when because I claim to be a humanitarian myself, to we went into that contest, after seventy-five hear the gentleman from Kings [Mr. Colahan] thousand men had been called into action, and speak on the subject of disfranchisement of the three hundred thousand more, once and again, negro. Now, let us see for a moment. I suppose we undertook to fight it out by entirely ignoring that gentleman, coming from the old country, the colored man. We would not, in the first crossed the big waters to make it his home here place, allow him to dig our trenches for us, and in the land of his adoption. We have opened our at last, being hardly pressed by the rebels, we ports; we have broad acres for the people of thought we had something that would give us the oppressed nations of Europe to occupy relief. What was that? It was that we should treat and possess, and I was sorry to hear him him as contraband of war. That is, by the rules take ground against the oppressed negro men, born of war, we have a right to appropriate the prop-on American soil, from enjoying the right of the erty belonging to the enemy for our own use, and for a time we treated him as contraband of war, and allowed him to dig our trenches in place of elective franchise. I always extend to those men a welcome, without a thought of attaching any property qualification whatever. But it seems to me that if I had left my country and sought an asy-dent and called into action of the Convention, lum in another country under another government, thirty-two honorable gentlemen and statesI would be less than a man, if I were to raise my men of both parties in the State, so that we voice in a constitutional Convention against a should have a Constitution presented free native of that country from enjoying the same from faults, and that had some progressive fearight that was accorded to me without a property tures in it." What is the result? Why, these men qualification of two hundred and fifty dollars. being selected from the parties throughout the I should rather feel like lifting up the oppressed State to aid the district delegates, at last have I should find in the land of my adoption. You brought forward the same identical proposition, and I, Mr. Chairman, are proud of our country and thrown it into this Convention for an action and our home. It is no merit of ours that we ignoring the great past, ignoring all past history, were born here. The man who comes across the and when that proposition is placed here, there is waters to America, comes from choice and adopts not one of them that will defend the bantling at it with all the privileges thereto belonging. It all. The gentleman from Kings [Mr. Murphy] seems to me that if I was placed as those per- says. It is no proposition of mine. "I found sons are, it would be my pleasure to speak in it in the Constitution of 1846" or in other favor of the oppressed I should find in my words, he found the bantling on his steps, and adopted country. But let us look at the opera- it has been there for the last twenty years tion of the law. Suppose a foreign born citizen and he throws it in here and says, I want approaches the polls, and a preliminary challenge to submit it to the people, don't charge it upon is made. What does he do? The question is me. I want that some one should father it before I asked, "Where were you born?" "Ireland, sir." am willing to submit it to the people as a separate "How long have you been in this country?" "So proposition; for as the gentleman from New York long." And they go on and ask him if he had [Mr. Gross] said he has heard no man defend the been naturalized, and he produces his naturaliza- principle, nor can it be defended. The gentleman tion papers without any property qualification at from Kings [Mr. Murphy] says it cannot be deall, and it appeared that he had been naturalized fended on principle, and yet they ask us to submit just ten days before the day of the election, when it to the people. I cannot for one submit any he had sworn allegiance to our government for such question as that, unless it has some the first time and had renounced his allegiance principle in it, and one that commends itself to my to his mother country. Well, sir, is that man heart and my vote. I, sir, am in favor of disposing admitted to vote? I say he is. He is, for my of this question now-putting an end to it forever. country gives him the right to vote when he is It is a mere question of time. If we struggle against entitled to citizenship. But let us pursue it, we shall soon be carried off and swept away this a little further. Suppose a colored with it; for I tell you, sir, this revolution is still should approach the polls and offer going on and will go on until justice shall be done his vote. And suppose, sir, the question to the colored man. I remember a few years ago was put to him: "Are you possessed of $250 in my own district, just above Niagara Falls, a worth of real property, and have you been actu- poor German had been lost overboard and had ally assessed and paid taxes thereon ?" "No, sir; caught on a log or something just above the but I was born in the city of Albany; I have been yawning gulf below; he struggled manfully, in the service of the Union Army; I was at the for a long time, knowing his certain fate, for no battles of Coal Harbor and the Wilderness; I was human aid could be rendered to him; finally he with Gen. Wadsworth when he fell pierced with gave way and went over the precipice. Just so rebel bullets. and I wiped the cold death sweat sure, sir, as that water rolls, we have got to enfrom his noble brow while his life's blood was franchise the colored man without any property moistening the sacred soil of Virginia." More qualification, and the men who struggle against it than this-"Sir, I was with that colored regiment, will be carried over the falls of public opinion and when they marched into Richmond and I there be dashed to pieces. Suppose in the Constitution bore aloft the stars and stripes of my country; we shall adopt we take manhood suffrage and put true, those stars and stripes had been tattered and into it, saying nothing about white men and nothing torn, and stained with the blood of my country- about black men, but say all men-every man of men, yet I was there and upheld them at the twenty-one years of age, and with certain other hour that the rebel capital fell." "This will not qualifications, shall vote. Does not that look answer, Sir." Very well, then he takes from his manly and bold, to recognize a man-a man is pocket his naturalization papers and presents a man; and if the colored man is not a man, them with the broad seal of the United States he cannot vote under such a Constitution. But marked upon them. It turns out, however, to be a if by reason of any prejudice, this Constitucertificate of pensions, granting him a pension for tion should be voted down with that in wounds received in battle in the service of the Uni- it, the epitaph over it will be "not dead but ted States. By this time the inspector gets a little sleepeth." Because it would be but a short nervous, and he says: "Sir, I must inform you that time before it will come upon us again and the people of New York met in Convention in the again, until it is disposed of We can then city of Albany in 1867, and they there re-enacted turn our attention to other questions of and adopted the same provisions that had been State. I am opposed to the separate submisadopted in the Constitution of 1821, a period of sion of this question, because I believe it to be more than forty-six years ago, and that Conven- right to do the thing we are sent here for, and I tion, in order to get together the assembled, believe the colored man has a right to demand at wisdom of the State, went beyond all prece- 'our hands that we shall abolish this qualification. man Mr. FOLGER-I move to amend that by making it at four o'clock P. M. Mr. ALVORD-I move that the Convention do now adjourn. Mr. M. I. TOWNSEND called for the ayes and noes on the motion to adjourn and a sufficient number seconding the call, the ayes and noes were ordered. The question was then put on the motion to adjourn, and it was declared lost by the following Ayes.-Messrs. C. L. Allen, N. M. Allen, Alvord, Armstrong, Baker, Barnard, Beckwith, E. Brooks, E. A. Brown, Burrill, Cassidy, Champlain, Cheritree, Cochran, Comstock, Conger, Corning, Curtis, Daly, T. W. Dwight, Endress, Fowler, Goodrich, Gross, Hale, Harris, Hitchman, Jarvis, Kernan, Ketcham, Larremore, Law, Livingston, Magee, Masten, Mattice, Murphy, Nelson, Opdyke, Paige, Pond, Priudle, Prosser, Rogers, L. W. Russell, Schell, Schoonmaker, Schumaker, Smith. Tappen, S. Townsend, Van Campen, Veeder, Verplanck, Weed-55. And I believe, sir, as we placed the musket here- | Mr. WEED-I desire, sir, to make some remarks upon the subject, but as it is near the ordinary time of our adjournment, I will move that the Committee do now rise, report progress and ask leave to sit again. The question was put on the motion of Mr. Weed, and it was declared carried. Whereupon the committee rose, and the President resumed the Chair in Convention. Mr. ALVORD, from the Committee of the Whole, reported that the committee had had under consideration the report of the Committee on the Right of Suffrage and the Qualifications to Hold Office, and had made some progress therein, but not having gone through therewith, had instructed their Chairman to report that fact to the Convention, and ask leave to sit again. The question was put on granting leave, and it was declared carried. Mr. BELL-I move that the Convention take a recess until half-past seven o'clock this evening. Noes-Messrs. A. F. Allen, Andrews, Archer, Axtell, Ballard, Barker, Barto, Beadle, Bell, Bick ford, Bowen. E. P. Brooks, W. C. Brown, Carpenter, Case, Chesebro, Colahan Cooke, Corbett, C. C. Dwight, Eddy, Ely, Farnum, Ferry, Field, Flagler, Folger, Frank, Fullerton, Gould, Grant, Graves, Greeley, Hadley, Hammond, Hand, Hitchcock, Houston, Huntington, Kinney, Krum, Landon, A. Lawrence, M. H. Lawrence, Lee, Lowrey, Lud. ington, Mc Donald, Merrill, Merritt, Merwin, Monell, C. E. Parker, Potter, President, Rathbun, Reynolds, Rolfe, Root, Rumsey, Seaver, Silvester, Sheldon, Sherman, Stratton, M. I. Townsend, Tucker, Van Cott, Wakeman, Wales. Williams-69. Mr. GREELEY offered the following resolution: Resolved, That the debate in the Committee of the Whole, on the report of the Committee on Suffrage and the Qualifications to Hold Office, be closed at one o'clock to-morrow. The PRESIDENT-The resolution will be received at the proper time. The question now is upon the amendment of the gentleman from Ontario [Mr. Folger]. Mr. BARTO moved to amend so as to make it seven o'clock. Which was lost. The question was then put upon the amendment offered by Mr. Folger, and it was carried. The question was then put on the motion of Mr. Bell as amended, and it was declared to be carried. On motion of Mr. AXTELL, the Convention took a recess until four o'clock. AFTERNOON SESSION. The Convention re-assembled at four o'clock. Mr. ALVORD asked that the roll of the Convention be called. The SECRETARY proceeded to call the roll of the Convention, and it appeared that the following, delegates were present. Messrs. A. F. Allen, C. L. Allen, N. M. Allen, Alvord, Andrews, Archer, Armstrong, Axtell Ballard, Barker, Barnard, Barto, Beadle, Beckwith, Bell, Bickford, E. Brooks, E. P. Brooks, E. A. Brown. W. C. Brown, Burrill, Case, Cheritree, business except the unfinished business of general Chesebro, Clark. Clinton, Comstock, Conger, orders be laid on the table. Cooke, Corbett, Curtis, Daly, Develin, Duganne, | Mr. GREELEY-I object as I want to offer a C. C. Dwight, T. W. Dwight, Ely, Endress, Evarts, resolution. The PRESIDENT-The Chair will read the rule governing the order of business. It is as follows: Farnum, Flagler. Folger. Fowler, Frank, Fuller, Mr. ALVORD-I made a motion, Mr. President, Fullerton, Goodrich, Gould, Grant, Graves, Gree-that all order of business be laid on the table ley, Hadley, Hale, Hammond, Houston, Hunting- except unfinished business of general orders. ton, Hutchins, Jarvis, Kernan, Ketcham, Kinney, Mr. DEVELIN-That requires a two-third Krum, Landon. Lapham, Larremore, A. Lawrence, vote, does it not? M. H. Lawrence, Lee, Livingston, Lowrey, Ludington, Masten, Mattice, McDonald, Merrill, Merwin, Monell, Murphy, Paige, Pond, Potter, President, Prindle, Prosser, Rathbun, Reynolds, Rolfe, Root, Rumsey, A. D. Russell, L. W. Russell, Seaver, Seymour, Silvester, Sherman, Smith, Stratton, Tappen, M. I. Townsend, S. Townsend, Tucker, Van Campen, Verplanck, Wakeman, Wales, Weed, Young. Mr. GREELEY-I ask a suspension of the rules, if it be necessary to introduce this resolution: "Resolved that "The first business of each day's session shall be the reading of the Journal of the preceding day and the correction of any errors that may be found to exist therein. After which, except on days and at times set apart for the consideration of special orders, the order of business, which shall not be departed from except by unanimous consent, shall be as follows," etc. Mr. KERNAN-I rise to a question of order. The PRESIDENT-The Chair will inform the When a recess is taken, are we not, when we gentleman that the rules cannot be suspended ex-assemble again, in the same position as we were cept upon one day's notice. when we adjourned? Mr. GREELEY-Then I will ask the unanimous consent of the Convention to introduce this resolution: "Resolved, that the debate in the Committee of the Whole. SEVERAL DELEGATES-I object. The PRESIDENT-By the rules, the regular call of the Calendar should be proceeded with until the order of unfinished business is reached. But there being no objection, this will be passed and the Convention will resolve itself into a Committee of Whole Mr. CONGER-I hope not, Mr. President. The Convention took a recess and not an adjourn ment. The PRESIDENT- The Chair will hold that the order of business had been concluded when the Convention took a recess. Mr. GREELEY offered the following resolution: Resolved, That the debate in Committee of the Whole on the pending amendments be closed at five o'clock P. M. this day. Mr. DEVELIN-I propose to debate that resolution. The PRESIDENT-The Chair will inform the gentleman from New York [Mr. Develin] that the resolution can be now acted upon by the Convention, inasmuch as it relates to the business before the Convention and the business of the day. Mr. E. BROOKS-If it be in order I move to lay the resolution upon the table. The PRESIDENT- The Chair will state that the question was put to the Convention before the adjournment on granting leave to the Committee of the Whole to sit again and leave was granted. That order of business had been com- The question was then put on the motion of pleted. By the rules of order the next order of Mr. Brooks and it was declared carried. A divibusiness is special orders and then general or-sion being called for, the motion was sustained by ders. Ia vote of 53 to 28. The PRESIDENT proceeded to call special and general orders in the order of business. Mr. TAPPEN-I move that the Convention resolve itself into a Committee of the Whole on the report of the Committee on the Legislature its Organization, etc. The PRESIDENT- That report having been made to-day, it is now in the hands of the printer. Mr. DUGANNE offered the following resolution. Resolved, That the Committee on Currency, Banking and Insurance, and the Committee on Corporations other than Municipal, Banking and Insurance, be directed to confer together and report upon the expediency of providing for the creation of a State Department or Bureau of Corporations to have jurisdiction over all proper matMr. ALVORD-I was just going to observe ters involving the public interest in banks, insurthat I believed it would not be in order to con-ance companies and other joint stock corporations sider the report of that committee in Committee of the Whole until it was. printed and laid upon the tables of members. organized under the laws of the State, by special incorporation or charter, and requiring that all such joint stock corporations shall render annual The PRESIDENT resumed the call of the order statements of their affairs to be embodied in a reof business. Mr. DUGANNE presented the petition of Hugh Gardiner and 172 others, citizens of New York, in favor of prohibiting the donation of public moneys to sectarian institutions. Which was referred to the Committee on the Powers and Duties of the Legislature. Mr. ALVORD-I move that all other order of port to the Legislature. Which was referred to the committees named in the resolution. Mr. W. C. BROWN-I move that the debate on the pending amendments be closed to-morrow afternoon at 12 o'clock. Which was laid on the table. The Convention then resolved itself into a Com |