elections, and for depriving, upon challenge at the polls, every person who shall violate such laws, of the right to vote at an election.

The PRESIDENT - If there is no objection, the amendment will be received as a substitute for the entire second section.

It is not subject to be defeated by the inefficiency or corruption of courts. It does not fail from a lack of evidence, delay, or want of the necessary machinery to secure the conviction of a party. But the question is decided at once, upon the oath of the challenged party, and before he is permitMr. MURPHY - My objection to this amend- ted to vote. I would not, by any means, lose ment is to the latter part of it. I concur in the this provision. On the contrary, I am in favor views which have been expressed by the gentle- of adding to it another provision, making it the man from Ontario [Mr. Folger], that we may so duty of the Legislature to enact such laws as far leave to the Legislature the enactment of laws may become necessary, not only to carry out this as provided in the first part of his proposition. provision, but in other respects to purify our But the latter part does not restrict the Legisla- elections. I beg that we may not turn this ture to pass laws upon such specific points as we whole matter over to the Legislature; for, by so have thought worthy of consideration in that doing, I greatly fear that we should fail to obtain respect, or as requiring some enactment, constitu- what is absolutely necessary to secure the purity tional in its character. He provides generally in of our elections, and the stability of our governthe latter part of his amendment, that the Legisla-ment. ture may pass laws for securing the purity of the elective franchise. Where and how far may the Legislature go under such a general provision as that? Is it not our duty to point out in what particulars this franchise shall be protected, and to require the Legislature to pass laws for that SEC. 2. No person who shall receive, expect, or purpose, not for the general purpose of securing offer to receive, pay, or offer or promise to pay, the purity of the elective franchise? Under contribute, or offer or promise to contribute to that they may disfranchise everybody. Securing another to be paid or used, any money, or other the purity of the elective franchise will enable valuable thing, or make any promise to influence them to pass any kind of law they may deem or as a compensation or reward for a vote to be necessary for that purpose, which may act very harshly and not as intended by this Convention. Let us see specifically in what way they may pass laws for the purpose of securing the elective franchise, and not leave it to them to judge what shall be deemed necessary by them to secure that franchise. I move, therefore, to strike out the last paragraph of the gentleman's amendment.

Mr. RUMSEY-Is an amendment in order now? The PRESIDENT-An amendment is in order. Mr. RUMSEY-Then, sir, I propose the following amendment to the amendment offered by Mr. Folger.

given or to be withheld at an election, shall vote at such election; and upon challenge for such cause, the person so challenged shall, before the inspectors receive his vote, swear or affirm, before such inspectors, that he has not reeeived, has not offered, does not expect to receive, has not paid, nor offered or promised to pay, contributed, nor offered or promised to contribute to others, to be paid or used, any money or other valuable thing, nor made any promise to influence or as a compensation or reward for a vote, to be given or to be withheld at such election.

Mr. PAIGE-The objection I propose to this subject is, that it strikes out from this article the right of challenging a voter at the polls. In my judgment, there are but two effective remedies for this crying evil of bribery and corruption at elec- Mr. RUMSEY-I do it for the purpose of havtions. One is the right of challenging a voter for ing retained in the Constitution, as it shall pass offering to purchase a vote, and putting him upon from our hands, this provision, that allows us to his oath, and the other is to impose the oath up- challenge for the causes mentioned in the first on the successful candidate, that he has not used part of the provision of the gentleman from Schemoney for any corrupt purpose to secure his elec-nectady [Mr. Landon]. But I desire to have tion. Sir, the result of it is to strike out of the Constitution where it should be, that provision in the original report of the Committee on Suffrage of allowing a challenge to the voter upon the ground of having sold or purchased a vote.

inserted in that provision, suggested by the gentleman from Schenectady [Mr. Paige], that the officer elected shall swear before he takes his office that he has done nothing to violate the provisions of that section. I will vote for it by way of perfecting the amendment, and leave it to the Legislature to pass such other laws as shall be necessary to guard against other evils which may arise under it, and which we do not now take cognizance of or cannot call to our minds.

Mr. GREELEY-I only rise to ask the mover to allow the first twelve lines of this section to stand as they are.

Mr. SMITH-I trust the amendment will not prevail. This corruption has reached a point where the people absolutely demand that there shall be a remedy provided in the organic law. They are not willing to turn this matter over to the Legislature. They lack confidence in the Legislature. They believe that for years back the Legislature of this State has been corrupt. They are not willing to trust men to enact laws against bribery and corruption, who have themselves secured their places by corrupt practices. I agree fully with the gentleman from Schenectady [Mr. Paige] that this provision, which enables you to challenge a man at the polls, and there put him upon his oath, is one of the most efficient provisions that can be made The PRESIDENT- The Chair understands to meet the exigency. It is self-executing. that. The pending amendment is the proposition

The PRESIDENT- The Chair will state what he understands to be the pending proposition. He understands this substitute was received by consent of the Convention for section two. He will receive any amendments.

Mr. GREELEY-It was received, but not adopted.

proposed by the gentleman from Steuben [Mr. | of the gentleman from Ontario [Mr. Folger], was Rumsey].

Mr. CHESEBRO-Is another amendment now

in order?

The PRESIDENT- The Chair will inform the gentleman that another amendment is not in order, as two are now pending.

received by consent of the Convention, and now stands in all respects as section 2 originally stood. The proposition of the gentleman from Albany [Mr. Harris] is in order.

Mr. HARRIS-As I have already said. I desire that this Convention should address itself to such amendments of the Constitution as experience has developed to be necessary or wise. No

The gen

The question was then put on the amendment of Mr. Rumsey, and it was declared carried. Mr. DUGANNE offered the following amend-man has ever known an idiot to vote. ment: tleman from Westchester [Mr. Greeley] spoke the. other day about a lunatic having attempted to vote.

Insert at the end of line twelve the words, "or for a nomination of himself or any other candidate at such election."

Mr. DUGANNE-I am more impressed every day that I live wtih the necessity of providing that corruption shall be intimidated or repressed in the matter of nominations as well as in the matter of elections. It is thence, generally, that evil springs. In a county where a nomination is equivalent to an election, the venal and the corrupt man has only to see to it in the caucus that his nomination is successful, and if he can succeed in influencing by any means that nomination, an election is sure. I wish to strike at this generic evil-I do not wish to leave it to a challenge at the polls, of the voters. I wish to strike at the corruption which makes the candidate, which sets him before the people, and which commands the people to vote for him blindfolded

Mr. MILLER-I rise to a point of order; that this amendment just offered, refers to a part of the section which we have just stricken out.

The PRESIDENT- The Chair will inform the gentleman he is not in order. Mr. KERNAN

I submit we can hardly recognize in the Constitution, caucuses and nominating conventions.

Mr. DUGANNE-I ask the gentleman if we cannot recognize corruption in the Constitution? Mr. WEED-By a statute of the State, any corruption in convention, or nominating caucuses, or anything of that kind is punished now, I think, and made a felony, or pretty near felony.

Mr. GREELEY
Mr. HARRIS 66

"Having voted "— Having voted," he says: but I apprehend that that is a single case. To my mind this provision is belittling the Constitution in attempting to exclude idiots and lunatics from voting, when no man has any apprehension that they will ever do any damage in that respect. It seems to me to be an idle thing, to require the Legislature to go on and inquire as to the sanity of every individual. Every man who is familiar with legal proceedings knows that it is a pretty difficult thing to determine whether a man is insane or not, and I have sometimes thought there were very few men whose minds were in all respects entirely sound. To determine whether a man is a lunatic or not seems to be very objectionable. I hope those words will be stricken out. They are unnecessary. No man supposes the purity of elections will be secured or promoted by retaining these words in the Constitution.

Mr. McDONALD-In regard to the propriety of excluding insane persons, there can be no doubt. The only objection the gentleman from Albany [Mr. Harris] makes is this, that it is impossible to tell who are idiots and who lunatics in some cases. We admit that. In my own town they have a lunatic there, whom one party makes vote one year and another party another year just as they happen to get possession of him, and there is no possibility of ruling him out. I live in a town where the election is pretty close; if it should be turned by one vote, then the lunatic would elect the whole ticket. I do Mr. CHESEBRO-I had drawn for the pur- not believe in that. Let us declare Our pose of submitting to the Convention a proposition position plainly; let us not be afraid to say substantially like the one offered by my colleague lunatics and idiots should not vote as we believe, from Ontario [Mr. Folger] embracing essentially and leave it to the Legislature to find out the his amendment in section two of this report, and I will send it to the Secretary to be read. I move it as a substitute for section two as proposed by the gentleman from Ontario [Mr. Folger].

The question was then put on the amendment of Mr. Duganne, and it was declared lost.

The PRESIDENT It cannot be received until the amendment of the gentleman from Kings [Mr. Veeder] is disposed of.

Mr. HARRIS-I move the adoption of the following amendment as an amendment to the amendment offered by Mr. Folger:

Strike out the words "idiots, lunatics and," in the amendment of the gentleman from Ontario [Mr. Folger].

mode of determination. I might suggest that it be determined in this way-that no person be excluded unless the board of registry unanimously exclude him, and they would not exclude any one about whom there was any doubt. It seems to me this provision should be retained, and although it would not be, yet in some cases it may turn out that lunatics and idiots may elect the whole ticket when it is elected by a small majority, and without this provision there is no mode of prohibiting lunatics or idiots from voting.

Mr. ROBERTSON-I would be glad to know where any authority is found for an idiot or lunatic to exercise any civil right or perform any act for the benefit or injury of others recognizable by law; and when the law has been changed by which every inspector of an election The PRESIDENT-The Chair understands in this State has always had the power to reject not. The Chair understands that the substitute the vote of any animal destitute of reason, al

Mr. MERRILL I would inquire whether it does not require a motion to reconsider that, it having been acted upon?

visions of law, shall be excluded from registration as voters."

Mr. DUGANNE-I do not wish to argue this. I sufficiently stated my reasons for offering such an amendment some days ago, but I wish to know the sense of the Convention on what I regard a very important reform, and I respectfully ask the ayes and noes.

Not a sufficient number seconding the call the ayes and noes were refused.

though he presents himslf before him in the form of a man, for the purpose of offering a vote, is there any inability of the law of this State to exclude idiots and lunatics, and will inspectors of election be so derelict to their duty as to receive the vote of a human being in that condition who would undertake to exercise this right of suffrage by doing a mere imitative act, which might be performed as well by well trained animals as by man, in full possession of his faculties. To be a citizen a human being must be pos- Mr. CHESEBRO-I was about to state that I sessed of reason. The mere human form does had drawn an amendment which I believed comnot give citizenship. The right of political citi-prised all that is necessary for section two of zenship is suspended during the temporary this article. I agree with the gentleman from absence of reason; the mere possibility of a Chautauqua [Mr. Barker] in the remarks he has return of reason, joined to the ties of humanity, constitutes the only ground for including idiots and lunatics in the body politic. It is absurd to imagine a public officer elected by the votes (so called) of the inmates of a mad-house. The very word "vote" implies a rational selection, and I see no reason for excluding those destitute of reason from voting by a constitutional provision.

Mr. McDONALD-I wish to call the attention of the gentleman from New York [Mr. Robertson] to the first section; "every male citizen of the age of twenty-one." I suppose that would include an idiot.

made in regard to the proceedings of this Convention for the last few days, that we have been engaged here in a system of legislation and have nearly forgotten the duty which is imposed upon us as members of this Convention. If we are to frame a fundamental law it must be in view of the fact that the Legislature, is to carry out by laws, the Constitution which we shall establish.

The SECRETARY proceeded to read the amendment of Mr. Chesebro, as follows:

and every such offense shall be made a ground of challenge at such election.

SEC. 2. Laws shall be passed, excluding from the right of suffrage all persons who have been or may be convicted of bribery, larceny or of any infamous crime, and for depriving every person Mr. CONGER-I will draw the attention of the who shall by any act, directly or indirectly impair Convention very briefly to what is proposed in the or corrupt the purity or freedom of any election, fourth section which follows, which is precisely or become directly or indirectly interested in any what is in the fourth section of the Constitution as bet or wager depending upon the result of any it now stands; "Laws shall be adopted for ascer-election, from the right to vote at such election; taining by proper proofs, the citizens who shall be entitled to the right of suffrage." The gentleman who inserted this clause in regard to idiots and lunatics merely anticipated what will follow in the subsequent clause. In regard to this whole matter permit me to say to the Convention that this process of legislation has been sufficiently extended. When the Convention will have the opportunity of looking at the amendment proposed, by my honorable friend from Ontario [Mr. Chesebro], I think they will be satisfied that every constitutional provision will be compassed by his amendment, and then we will have substantially the second section of the Constitution of 1846, as was proposed to be amended by the Legislature of 1853, with all the suitable safeguards enabling this Convention to provide for the exclusion of improper votes by the right of challenge.

The question was put on the adoption of the amendment of Mr. Harris, and, on a division, it was declared carried, by a vote of 76 to

29.

Mr. DUGANNE-Is an amendment now in order?

The PRESIDENT-Amendments are now in order.

Mr. DUGANNE-I offer the following amendment, to the amendment of Mr. Folger, by adding thereto the following:

"And the Legislature may provide by law that records shall be kept under proper restrictions, by the police authorities of districts or cities, of all persons known by them to be engaged in illicit pursuits hostile to the community; and persons so engaged and being so recorded, under due pro

The PRESIDENT-The Chair will inform the gentleman from Ontario, [Mr. Chesebro] that unless there be further propositions to amend the substitute of the gentleman from Ontario [Mr. Folger] it will now be considered. The Secretary informs the Chair that the amendment of the gentleman from Kings [Mr. Murphy] has not yet been passed upon.

The question was then put on the adoption of the amendment of Mr. Murphy, and, on a division, it was declared adopted, by a vote of 52 to 43.

The PRESIDENT- The Chair will first state the proposition as he understands it. It is to substitute the amendment which was now read for the substitute of the gentleman from Fulton [Mr. Smith], as amended.

Mr. A. J. PARKER-If it be in order, I will move to reconsider the last vote taken.

Objection being made, the motion was laid on the table.

Mr. CHESEBRO-Now, on the adoption of the amendment of the gentleman from Kings [Mr. Murphy] to the substitute offered by my colleague from Ontario [Mr. Folger], it will be seen that our propositions are substantially alike, and I cannot from my recollection of the reading of the amendment offered by the gentleman from Ontario [Mr. Folger] see much difference between them except that mine is a little more brief. I am opposed to any addition to this proposition I have made, for the reason that has been so well suggested on this floor this morning, of an opposition to anything like legislation, I think we have had enough

first twelve lines of this second section, and I trust we shall not abandon it, for I think the whole merit of the section rests on that. I hope that this substitute may be voted down, and I only regret that the amendment of the gentleman from Kings [Mr. Murphy] was adopted, as it strikes out another important portion.

discussion now to convince the Convention that time has been wasted. We are here to frame a fundamer.tal law, but not to enact laws for the punishment of crime; but the proposition of the gentleman from Steuben [Mr. Rumsey], which has received an affirmative vote, as an amendment to the proposition of my colleague from Ontario [Mr. Folger] is, in my judgment, nothing more than Mr. SEYMOUR-It seems to be conceded on legislation. If gentlemen will turn to the statute all hands, that something is necessary to be done book they will see that nearly all the offenses either under the law or the Constitution, to stay which are charged to have been committed against that flood of corruption which every one deplores. the purity of elections, are already provided for in It has been the effort of this Convention to prethe statute book, and that many of the proposi-pare and modify in this second section, provisions tions which we have been discussing for many days that we hope and believe will do it. Now, sir, are now classed as misdemeanors and felonies. I am not prepared to say that these proMy proposition leaves this whole matter of pun-visions are in the exact language that would ishment of offenses against the purity of elections, be best; I am not prepared to say but that they to the Legislature -where it legitimately belongs. might be improved, and I am willing to wait and Mr. GREELEY-I wish to inquire if this is another proposition to strike out the first twelve lines.

The PRESIDENT-This is a proposition as an entire substitute for the proposition of the gentleman from Ontario [Mr. Folger].

Mr. GREELEY-If it is to strike out the first twelve lines, I hope it will be voted down.

permit that committee which has been resolved upon this morning, to examine and if possible improve them without losing the benefit of their efficacy. I believe we need something in the Constitution, and I am unwilling to trust any longer to the wisdom, at least, of the Legislature to provide the remedy. We have seen this stream of corruption rolling through this State at every Mr. MASTEN-I desire to say a few words on general election, for a period of more than ten or this subject. I find myself somewhat responsible twenty years, and we have now confessedly, upon for the confusion in which this second section the statute book, no provision that can in the seems to be. In the Committee of the Whole I least restrain it. I shall regret if this Convention maintained the doctrine which has been main- shall strike out or shall pass any substitute tained here this morning, that we should not put a for these twelve lines, that embody so much code of laws in the Constitution, but only confer toward preserving the purity of the elections in certain general powers in clear and explicit lan- this State; and I hope, sir, that this repeated guage. I offered a substitute for the whole sec-effort to accomplish that result will fail.

tion substantially like the one now offered by the Mr. M. I. TOWNSEND called for the ayes and gentleman from Ontario [Mr. Chesebro]; I dis-noes.

The question was then put upon the substitute offered by Mr. Chesebro, and it was declared lost by the following vote:

covered that it would not be carried in Committee A sufficient number seconding the call, the ayes of the Whole, and I therefore had to add it to the and noes were ordered. amendment proposed by the gentleman from Schenectady [Mr. Landon]. If this amendment should not be carried, if I can get an opportunity, I will move to strike out from the section this matter I myself put in and perfect the section by adding a sentence.

Ayes-Messrs. Chesebro, Church, Conger, Hardenburgh, Masten, Mattice, More, Spencer, Verplanck-9.

Noes-Messrs. A. F. Allen, C. L. Allen, Alvord, Archer, Armstrong, Axtell, Baker, Ballard, Barnard, Barto, Beadle, Beals, Beckwith, Bergen, Bickford, Bowen, E. P. Brooks, E. A. Brown, W.

Mr. A. J. PARKER-I hope this substitute of the gentleman from Ontario [Mr. Chesebro] may not be adopted. I do not agree with him at all, in the opinion he expresses, that we therefore waste our time in matters of legislation. On the other C. Brown, Carpenter, Cassidy, Champlain, Clark, hand, I think we are making the best possible use of our time, and that we have made great progress yesterday and to-day in framing an article on this subject which perhaps may be acceptable to the people. At all events, we are wasting no time. Now, the effect of adopting this substitute will be that we will lose the first twelve lines of this section as it now stands. Mr. CHESEBRO · Cannot the Legislature as well punish for this crime as for any other? Mr. A. J. PARKER-I will not say they have not the power to punish, but I am doubtful whether they will do so. I am not one of those who are willing to trust to the Legislature. They have had the power heretofore but failed to use it, and I am not willing to trust them in the future. I am confident that no provision can be drawn either by the Convention or the Legislature more full or more precise or more explicit than the ment:

Clinton, Cochran, Comstock, Corbett, Corning, Curtis, Daly, C. C. Dwight, T. W. Dwight, Eddy, Evarts, Farnum, Ferry, Field, Flagler, Fowler, Francis, Frank, Fuller, Fullerton, Garvin, Goodrich, Gould, Grant, Graves, Greeley, Gross, Hammond, Hand, Hitchcock, Hitchman, Houston, Huntington, Hutchins, Kernan, Kinney, Krum, Law, A. Lawrence, A. R. Lawrence, M. H. Lawrence, Lee, Livingston, Lowrey, Ludington, Magee, McDonald, Merrill, Merritt, Miller, Morris, Murphy, Opdyke, Paige, A. J. Parker, Pond, Potter, President, Prindle, Prosser, Reynolds, Rogers, Rolfe, Root, Roy, Schoonmaker, Seaver, Seymour, Silvester, Sheldon, Sherman, Smith, Stratton, Tappen, M. I. Townsend, S. Townsend, Van Cott, Veeder, Wakeman, Wales, Wickham, Williams, Young -106.

Mr. AXTELL-I offer the following amend

The SECRETARY proceeded to read the amendment, as follows:

The Legislature may pass laws excluding from the right of suffrage all persons who have deserted or may desert from the military or naval service of the United States in time of war, all persons who have left or may leave this State in time of war for the purpose of avoiding conscription into the military service of the United States, and all persons who have been voluntarily engaged in rebellion against the United States.

Mr. AXTELL-I have not offered this amendment in behalf of the bleeding eagle and I trust that "the quality of mercy" will not be badly "strained" if it shall be adopted. This whimpering about "mercy" to men who have forfeited every claim to citizenship, is not inspired by the spirit of true mercy, and its only practical effect is to degrade citizenship. It says that there is no difference between a manly performance of the duties of citizenship and a cowardly shrinking away from them.

Mr. MURPHY-I rise to a point of order. This Convention has by a vote disposed substantially of this resolution.

under which this Convention is assembled. Some gentlemen are greatly alarmed at that terrible Latin phrase, ex post jacto. That was the phrase that was hurled at us all the way through the rebellion. It was ex post facto to do this and to do that. With some classes it is always ex post facto to do right. I suppose the compelling of Robert E. Lee to surrender was ex post facto, and unconstitutional. It was done, however.

Mr. GRANT—When this subject was under consideration by an amendment proposed by the the gallant Colonel from Clinton [Mr. Axtell] —

Mr. VERPLANCK-I rise to a question of order-that this is a change in the phraseology simply between the words "may" and "shall" Now suppose this amendment shall be voted down, and I should rise and propose that the Legislature, upon the application of ten citizens, might do the same thing, would that be a different proposition? And then somebody else might propose it on some other application; that of some distant State, for instance, and thus it might be brought up interminably. Now, I think the duty of the gentleman was to have moved to change the word when it was under consideration in the committee, and I think, therefore, it is

The PRESIDENT-The Chair thinks the out of order at this time. point of order well taken.

The PRESIDENT- The Chair must respect. Mr AXTELL-There is this difference. This fully differ from the gentleman from Erie [Mr. provides that the Legislature may pass laws; Verplanck]. He thinks the amendment is dif the other amendment which was offered in Com- ferent. One is permissive and the other is impermittee of the Whole required that the Legislature ative. shall pass laws.

The PRESIDENT-If there be that difference, the Chair will recognize the distinction.

แ

The PRESIDENT -The Chair having received the amendment will allow it to take the usual course, unless there is an appeal. Does the gentleman appeal from the decision of the Chair? Mr. BAKER-No, sir.

Mr. BARKER-I rise to a point of order. This has been once voted down, and the introduction of the word "shall" in place of the word Mr. AXTELL-No people can afford thus to "may" does not change the meaning. There is degrade the elective franchise. No people can no power above the Legislature which can comafford to strike such a blow at the pride of citi-pel them to act, consequently there is no difference zenship. The very life of this nation depends in legal effect between the words "shall" and upon cherishing in the minds of the people a 'may." sense of the sacredness and dignity of the duties and privileges of citizenship. There must be cultivated that public virtue, that sensibility of principle, that "chastity of honor"-as some one has called it which feels a stain like a wound; that which is the unbought grace of life, the nurse Mr. GRANT - The gentleman from Ulster [Mr. of manly sentiment and heroic enterprise, the real Hardenburgh], said it came with an ill grace from defense of the nation-that spirit which led out one whose constituents are anti-renters to speak our triumphant heroes to their baptism of blood in favor of this amendment. I was sorry to hear and their death of honor, that which marshaled that fling made at so large a number of voters of our mighty hosts, who were ready to do and to this State; gentlemen who are citizens not only of die that the nation might live. To refuse to in- Delaware but of Schoharie, Albany, Rensselaer corporate this amendment is to strike a blow at and Columbia county, comprising a large portion this spirit of honor. It is in effect to say that of the electors of this State, who are men of integ. there is no difference, as to the privileges of citi-rity and as honorable, loyal, patriotic and brave, zenship, between the brave man and the coward as any within its borders. -between the man who keeps his oath and the man who has perjured his soul. Sir, the military is perhaps the most sacred of oaths. Every soldier has sworn an oath as solemn as that regis- Mr. GRANT- This amendment proposes, not tered in Heaven by that immortal man, whose that deserters shall be disfranchised, not that rebels words are emblazoned in our sight, an oath to de- shall be disfranchised, but it places the whole power fend the nation. The deserter, with this oath hot to disfranchise them or any class of them, in the upon his lips, deserted his colors, perjured hands of the Legislature, giving the Legislature his soul, and left his comrades to be the power to select, in their discretion, the classes overborne for the lack of that service he of deserters the more guilty and dangerous, for inwas sworn to perform. This amendment stance-men who have received thousand dollar is entirely practicable. Men can be challenged bounties, and jumped them ten times; men who and thus excluded from suffrage, as in the law have taken the oath of allegiance to the govern,

The PRESIDENT- The Chair must call the gentleman to order. He must discuss the pending question.