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simply preferring articles of impeachment against the LieutenantGovernor. This amendment providing for the election of a presiding officer, a president pro tem. of the Senate, in the case of the impeachment of the Lieutenant-Governor, simply puts into the Constitution what is now a statutory provision. I had the privilege of examining the draft of the report of the Judiciary Committee, and I understand that that committee, in revising the section relating to the Court of Impeachment, has put into that section that part of the Code which provides that any officer, after articles of impeachment are preferred against him, shall cease to perform the functions of his office until the question is disposed of by the court. Now, in view of the statutory provisions for the organization of the court, and the present constitutional provisions, I do not see the force of this objection made by the gentleman from Seneca (Mr. Hawley). It seems to me this constitutional provision as it now stands is eminently proper, and that this motion of the chairman of the committee ought to prevail.

Mr. Cassidy

- Mr. Chairman, I move the previous question. The Chairman — The gentleman is out of order. The previous question cannot be put in Committee of the Whole. The question recurs upon the motion of the gentleman from Cattaraugus that the committee now rise, report this proposition to the Convention, and recommend its passage.

The Chairman put the question on the motion of Mr. Vedder, as stated by the Chair, and it was determined in the affirmative. Whereupon the committee rose, and the President resumed the chair.

Mr. Acker Mr. President, the Committee of the Whole have had under consideration proposed constitutional amendment (printed No. 382), entitled, " Proposed constitutional amendment to amend section 10 of article 3 of the Constitution," have gone through with the same, made some amendments thereto, and instructed me, their chairman, to report the same to the Convention and recommend its passage. I therefore make that motion.

The President put the question on agreeing to the report of the Committee of the Whole, and it was determined in the affirmative. The President - The amendment goes to the Committee on Revision.

Mr. Mantanye - Mr. President, I move that the Convention now take a recess until seven o'clock this evening.

The President - Before that motion is put the Secretary will announce meetings of committees for this afternoon.

The Secretary read announcements of committee meetings for to-day.

Mr. Goeller


Mr. President, I desire to be excused from attend

ance to-morrow on account of important business.

The President put the question on the request of Mr. Goeller to be excused from attendance, and he was so excused.

Mr. E. R. Brown - Mr. President, I ask to be excused from attendance to-morrow and next day, on account of pressing business. The President put the question on the request of Mr. Brown to be excused from attendance, and he was so excused.

Mr. Carter

Mr. President, I desire to be excused from attendance on Saturday next.

The President put the question on the request of Mr. Carter to be excused from attendance, and he was so excused.

The President put the question on the motion of Mr. Mantanye, and it was determined in the affirmative; whereupon recess was taken until seven o'clock this evening.


Wednesday Evening, August 15, 1894.

The Constitutional Convention of the State of New York met in the Assembly Chamber in the Capitol at Albany, N. Y., August 15, 1894, at 8 P. M.

President Choate called the Convention to order.

The President - The matter under consideration to-night is the consideration of Mr. Tucker's proposed constitutional amendment (introductory No. 194, printed No. 195).

Mr. Tekulsky I move, Mr. President, that we take a recess for half an hour. There seems to be no quorum present, and no one seems ready to go on.

Mr. Cochran - Mr. President, if there is no quorum we cannot take a recess.


Mr. Hill Mr. President, I object to taking a recess, unless the time be extended for those who are in favor of sustaining the report of this committee.

The President

Mr. E. A. Brown

The Chair has no power to extend the time.

I move a call of the House.

The President The Secretary will call the roll to ascertain

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whether there is or is not a quorum present, the Chair being in doubt.

Mr. Goodelle - Mr. President, I ask that unanimous consent be given that the call of the roll be dispensed with, and that the question of a quorum be not raised. I ask the gentleman who made the point to withdraw it.

Mr. E. A. Brown— Mr. President, I do not desire to take the time of the Convention with the calling of the roll, and I, therefore, withdraw my motion.

Mr. Goodelle Mr. President, I move that we proceed with the regular order of business.

Mr. McClure-Mr. President, I did not until to-day contemplate making any remarks, certainly not indulging in anything longer than a speech of a few minutes upon the subject now before the Convention, and I would decline to be heard at all were it not for the fact that having been a member of the Committee on Suffrage, before which committee this subject has been pending for several months, I have thought it perhaps not improper that I should make some suggestions by way of an explanation of the position which I am disposed to take upon the pending question. As I understand this question, Mr. President, it is whether we shall abdicate the functions and the duties which have been put upon us by the people of the State of New York in regard to the question of woman sufrage, or retain the responsibility and discharge it, the same as in respect to every other matter which comes before us as delegates to this Convention. The great important article concerning the judiciary of the State, the important matter of canals, the matter of the preservation of the State forests, of our charities and of education, of the government of the State, are deemed of sufficient importance by the members of this Convention, so far as I have heard, that the Convention shall act in accordance with the spirit of the act of the Legislature calling this Convention together, and decide upon the amendments which are to be submitted to the people bearing upon those subjects, carrying with them the approbation of this Convention. I cannot appreciate the consistency which actuates the advocates of the proposition now before the House with reference to woman suffrage. Either the question of woman suffrage is an important question, Mr. President, equalling in gravity and in responsibility, so far as it weighs upon the members of this Convention, the great subjects to which I have referred, or it is not. If it is not of great importance, if it is not a subject so sacred as it has been represented to us as being, then the time of this Con

vention should not be taken up with any suggestion or recommendation that the matter should be submitted to the people for their decision. If it is an important question, ranking with and going side by side with those to which I have referred, then the judgment, the discretion, the action of this Convention should be had upon it, and if submitted to the people with the amendments proposed by the Convention on canals, government of the State, judiciary, cities and other important questions, it should have attached to and connected with it and scaled upon it the positive approbation of the delegates of this Convention. Mr. President, this is not a new question, entitled to be taken and treated in a way different from the other questions that are presented to us. This year of our Lord 1894 is not the first year in which the suggestion that suffrage should be given to women has been heard. It is a subject that has been presented to the Legislatures of this State for many years, and action by those Legislatures looking towards an amendment to the Constitution has been sought; and I do not remember within my time that there has ever, in the years that have gone, been such an uprising of the people of this State in favor of woman suffrage as called for extraordinary action on the part of any legislative body. And this is extraordinary action on our part that is asked. We were not elected, Mr. President, for the purpose of receiving suggestions from portions of the public of the great State and submitting those suggestions to the people without action decisive and positive on our part. The act which brought this body together provides that we shall submit to the great people who are our constituents, not queries, not conundrums, but shall submit amendments, proposed, not by people sending up petitions here, but proposed by us.

Mr. Root Will the gentleman give way for a moment? Mr. President, I raise the question of no quorum. There is not a quorum present.

The President That has been raised and withdrawn. The Chair rules that Mr. McClure is in order.

Mr. Root I wish the members of the Convention to listen to anything that the gentleman from New York has to say. I think he is entitled to it.

The President - The President will enforce the orders of the Convention if he has the power to do so. Mr. McClure has the floor.

Mr. McClure I was saying, Mr. President, that we were not elected for the purpose of avoiding the full performance of our

duties. We might as well, if this proposition now before the Convention is carried, adjourn; allow the clerk to receive propositions and proposed amendments, have them duly printed and submitted to the people for their action, without any action being had pro or con upon the merits of such propositions by this Convention. I have taken occasion, Mr. President, once or twice in my place, to urge upon this Convention that we should not present any proposition looking to the amendment of the Constitution of this State unless there accompanied it the endorsement of a large proportion of the members of this body. Not alone a bare majority, but such a vote as would assure the people of this State that the wisdom, the industry and the intelligence of the Convention had been exercised upon the proposition and the full endorsement of the Convention accompanied it. I think the people of this State have the right to expect from us that we shall take the responsibility of determining whether woman suffrage is a wise thing to be engrafted upon the laws of this State, or not; and I, for one, Mr. President, do not desire to avoid any responsibility. My convictions are clear and settled upon this question. I have never had any doubt about the propriety of my action in this regard. If I believed that woman. suffrage is a proper measure, I would be ready to say it by voting to strike out from the Constitution the word male." As I do not believe that, as I am not prepared to go to that length, I am not willing to shelter myself in safety behind a proposition which enables me to say that I have not taken any position upon the question, and that I have submitted the responsibility to the people, who have not asked me to submit it to them. The proposition relative to woman suffrage before the people when we were elected was, should there be granted woman suffrage or not? And the Convention was elected to in part positively determine whether it would recommend woman suffrage or not. We were not elected to say that we would dodge the question and submit it to the people; we were not elected to say that we had no convictions and no opinions upon the question; and I consider that we are avoiding our duty when we seek to shelter ourselves behind this referendum proposition.

That brings me, Mr. President, to the question which is behind it all, and I am prompt to declare that, in my judgment, woman suffrage should not be engrafted upon the Constitution at this time. Suffrage is not a right. The right of suffrage does not rest in anyone. It is an obligation; it is a trust; it is a duty, which the State, when it thinks it wise, imposes upon its citizens; and the citizens, who have the duty imposed upon them of deciding whether or not it shall be given, must perform that duty intelligently, influenced in

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