resolution of instructions offered by Mr. Chese-answer that he does not expect to receive a bro to strike out the word "expect," and, on a bribe. division, it was declared carried, by a vote of 53 to 25.

The question was put on the amendment offer-parties were guilty, one guilty of offering a bribe ed by Mr. Hand, and it was declared lost.

Mr. CHESEBRO-No, sir, most emphatically. What does it mean? You ask a man whether he expected to receive a bribe; suppose that he savs that he does not? I would like to know whether the fact that he had stated a day or two before that he did expect to receive pay for his vote, could be made the basis of a conviction for perjury?

Mr. MILLER-Suppose it is proved that he was offered a bribe, and that after he had given his vote he actually received it?

Mr. CHESEBRO-That is already provided for. The section, as it is amended, provides that if he receives a bribe he can be convicted.

Mr. MILLER -But he actually received it after he had voted.

Mr. ROBERTSON-The gentleman from Schenectady [Mr. Landon] says that he would be content with the oath of a man who swore that he did not expect to receive a bribe, and I inferred from his remarks that a man who took that oath Mr. CHESEBRO-That is receiving a bribe could be indicted for perjury. I would be glad and is provided for in the section independent of to know of the gentleman in what way the party this amendment. I am opposed to putting into who had sworn that he did not expect to receive this Constitution such unnecessary and useless a bribe could be convicted of perjury-a matter matter. If the Convention choose to lumber it that would depend on the workings of a man's up with matter which applies to the consciences own mind. You might have promised that man of men, and cannot be remedied by law, I sup money for his vote, but you could not convict pose we must submit. him of perjury if he should swear that he did not expect to receive any thing.

Mr. CURTIS-The gentleman from Ontario [Mr. Folger] is undoubtedly right. We should restore the word "expect" in the first line, or else strike out the words "does not expect to receive" in the seventh and eighth lines. In the first line the expectation of receiving the bribe is a cause of disfranchisement. That we have stricken out. It is the same in the seventh and eighth lines in the oath provided for, and if it is not to be a cause of disfranchisement that should also be stricken out. We are in that dilemma, and we must either restore it in the one place or strike it out of the clause in the other.

The question was put on the motion of Mr. Merrill, to reconsider the vote by which the resolution of Mr. Chesebro to recommit the article to the Committee on Revision, with instructions to strike out the word "expect" in the first line, was adopted, and it was declared carried.

Mr. CONGER-I essayed in vain, Mr. President, when the question was up before the Committee of the Whole to satisfy the Convention that it was contrary to sound policy to introduce any such words as these into the Constitution. Do you mean to say that you will undertake to fasten the conscience of a man beyond the power of the legal tests which you can apply in your courts to his acts? That is all there is Mr. CHESEBRO-I do not wish to retard or of this question. We will suppose that a man obstruct the action of the Convention. If I can challenged at the polls, denies, under oath, that he be permitted to make an explanation of the rea- expects to receive money for his vote, and yet son why I moved this proposition, I will then has told two or three that he expects to receive consent to withdraw the objection which I made money, then that the proper officers undertake to the reconsideration of the vote by which my to indict him for perjury committed at the polls. motion to amend was adopted in the resolution Can you convict him? Not at all. All that you of instructions. In making the motion to strike can prove him to be guilty of is of falsehood in out the word "expect" in the first line, it was telling these parties that he expected to receive with this view: I regarded it as extremely im- a bribe, but you cannot convict him of any thing proper for this Convention to adopt a provision else unless you also prove that there was an abin the organic law which can be of no possible use or availability whatever. Suppose a man goes to the polls and his vote is challenged; he is called upon to swear whether or not he expects to receive a bribe. Suppose he swears he does not?

Mr. LANDON-If I understand the intention of the article, it was that his oath should be final upon that question.

solute promise to pay him money, or an offer on his part to receive. Is it wise for the representatives of this State in solemn Convention assembled to undertake to fasten a man's conscience, on the plea that they seek to detect crime or guard the franchise against corrupt influences, when in the very same act you strike at the conscience of every honorable man who expects to receive an office at the hands of his fellow citizens? When a man gives his vote does he not expect that that vote, if he is a candidate for office, will be in some sense, if only for the honor and trust, valuable to him? That very vote which he gives may determine his election, and when he gets his Mr. LAPHAM-Suppose it is proved that he office is it not actually the remuneration for that admitted to a half-dozen persons that he did ex-vote? It is not a compensation in money for his pect to receive a bribe, could he not be convicted vote, but it is a return in a valuable thing. While of perjury? you are seeking to catch a rogue you are making

Mr. CHESEBRO-Then what possible good is to be accomplished by it? If he swears he does not expect to receive a bribe, he cannot by any possibility

Mr. LANDON-Suppose be swears that he does expect to receive it?

a net in which any man of delicate conscience with a large preponderance of a partisan vote, who happens to be a candidate for office will be should undertake, at the last hours of the session, caught. I hope the Convention will consider to pass a law amending the statute in regard to that it is not the province of civil law to find the the registration of votes, and should declare that consciences-to seek to torture the consciences no citizen should vote at the election held that of men.

Mr. LANDON-I would like to know what part of this section will prevent a man from voting for himself, or would make a man obnoxious to its provisions, who was a candidate for office. Mr. CONGER-Suppose he is a candidate for an office in his county. He is about to deposit his ballot, when he is challenged; the question is put to him, "Do you expect ever to receive any valuable thing as a return or reward for giving your vote?" Now, he has got to make a nice distinction in his conscience between the final result of his vote and the compensating influence of his vote.

Mr. ALVORD-I move the previous question on the motion to reconsider.

The question was put on the motion of Mr. Alvord, ordering the previous question, and it was declared carried.

The question was then put on the rosolution of Mr. Chesebro, to recommit the article to the Committee on Revision, with instructions to strike out the word " expect" in the first line, and it was declared lost.

fall, unless he swore that he had not done some one thing that might be obnoxious to the censure of that party. I ask gentlemen to consider how is it possible to prevent the election that fall from being destroyed, impaired or vacated? By what process of law can they secure justice to the electors of the State. Some might refuse to obey the law; some might insist upon the necessity of obeying the law; the citizens in various parts of the State would be deterred from the exercise of the right of voting because of such test oath. Now, it is not enough for my friend from Clinton [Mr. Axtell], to say that he would always have hope to exclude criminals. No man is a criminal in this country, or in the arena of this high court of the people, until he has been adjudged guilty of a crime after trial and conviction. I think that any attempt to apply a test of this kind to a man, on the ground of alleged criminality, or of obnoxiousness to any partisan faction in the State, will be dangerous to every element of civil and individual liberty on which our institutions rest. I feel as though the great men who assisted in framing the first Constitution of our State, the noble form and mien of two,

[referring to the portraits of George Clinton and John Jay] would, if their spirits could be here at this time, agree in urging upon every member in this body to hold on to that sure and glorious foundation on which all our institutions rest, the liberty of the citizen.

Mr. CONGER-I move to recommit the article to the Committee on Revision, with instructions-presented by the artist's skill, are now before us The PRESIDENT-Does the Chair understand that the gentleman from Ontario [Mr. Chesebro] desires to have the Convention take action upon his resolution to recommit, with instructions to strike out words in the seventh and eighth lines? Mr. CHESEBRO-I suppose that the vote which has just been taken restoring the section in the first line, will control the Convention in reference to the second resolution I offered. I will not, therefore, press the resolution.

Mr. CONGER-I moved to recommit the article to the Committee on Revision, with instructious to amend by striking out all after the word "election," in the eleventh line, and inserting in lieu thereof the following:

"And no other oath or affirmation, except as to such citizenship, registry and residence shall be required of any elector; nor shall any other test be applied to determine or impair his right to the exercise of the clective franchise, as guarantied in this Constitution."

Here the gavel fell, the speaker's time having expired.

Mr. ALVORD-Mr. President, we have had this hobby up day after day, and as it seems to have as many lives as a cat, I move the previous question. [Laughter.]

The question was put on the motion of Mr. Alvord for the previous question, and it was declared carried.

A DELEGATE-I call for the ayes and noes. Not a sufficient number seconding the call, the ayes and noes were not ordered.

The question was then put on the resolution of instructions offered by Mr. Conger, and it was declared lost.

Mr. MERRILL-We may spend days in hair. splitting over this section, and then leave it a great deal worse than we found it. I therefore move the previous question on the adoption of the section.

The question was put on the motion of Mr. Merrill, ordering the previous question, and it was declared carried.

The question was then put on the adoption of the section, and it was declared carried.

Mr. CONGER-This resolution differs in its scope from the one proposed by the gentleman from Onondaga [Mr.Comstock]. I have a faint hops that in the present form it may meet with favorable consideration and approval by the Convention. The gentleman from Onondaga said this morning that he did not consider the proposition, which he made, a partisan question. Neither do I. I look upon it as the only essential guard that we can place in the Constitution to protect the citizen in that right which is dear to him as an elector-to protect him against the danger of a violation of as follows: that right by partisan legislation. Some may say SEC. 3. For the purpose of voting, no person that this will strike at legislation formerly adopt-shall be deemed to have gained a residence by ed here or elsewhere; but I would ask that gen- reason of his presence, or lost it by reason of his tlemen consider what may happen in the future. absence, while employed in the service of the Suppose the Legislature, at its very next session, State or of the United States; nor while engaged

The SECRETARY then read the third section

[The same as referred:

SEC. 3. For the purpose of voting, no person shall be deemed to have gained a residence by reason of his presence, or lost it by reason of his absence, while employed in the service of this State or of the United States; nor while engaged in the navigation of the waters of this State, of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept in any almshouse or other asylum: nor while confined in any public prison. The Legislature shall prescribe the manner in which electors absent from their homes in time of war, in the actual military or naval service of this State, or of the United States, may vote, and shall provide for the canvass and return of their votes.]

Mr. ALVORD explained the changes which had been made by the Committee on Revision in the language of the section as referred to them. Mr. C. C. DWIGHT offered the following resolution:

Resolved, That article 2 be recommitted to the Committee on Revision, with instructions to amend article 2, section 3, by striking out, in the fourth and fifth lines, the words, "nor while a student of any seminary of learning."

Mr. CHESEBRO—The gentleman is mistaken. A student can lose his residence while a student in a seminary of learning, if he desires to, and can acquire a residence at the place where he is studying.

Mr. RUMSEY-I apprehend that the gentleman from Cayuga [Mr. C. C. Dwight] has not very accurately read the first part of the provision. It says that for the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his becoming a student of any seminary of learning. He may, if he actually has the intention to change his residence, become a resident of the place where he is study. ing, as fully as if he went to any other place, and in that case he acquires the right to vote.

Mr. C. C. DWIGHT-I insist that the provision is prohibitory. I have known it to prohibit young men who had no home in the world except their home in the city of Auburn, where they were pursuing the study of theology, from voting at the elections of that city, because, under the provision of the existing Constitution, which is the same as that proposed, they could not swear they were residents of this State. I ask gentlemen what is the necessity for this provision, if there be this doubt in regard to its construction, which doubt is admitted on all hands? The question was put on the adoption of the resolution of Mr. C. C. Dwight, and it was declared lost.

Mr. MERRITT-I move the previous question on the section.

The question was put on the motion of Mr. Merritt for the previous question, and it was declared carried.

The question was then put on the adoption of the section, and it was declared carried. The SECRETARY proceeded to read the fourth

Mr. C. C. DWIGHT-I do not know upon what principle or for what reason this pro-section, as follows:

by proper proofs the citizens who are entitled to
the right of suffrage. The Legislature shall pro-
vide for a registry of citizens entitled to vote in
each election district, to be completed at least six
days before any election other than a town elec
tion. No person shall vote except at a town elec
tion who is not registered according to law.
[The same as referred:

vision should be inserted in the Constitu- SEC. 4. Laws shall be made for ascertaining tion of this State. I cannot conceive of any reason why a man who is pursuing his studies, obtaining an education, doing that which is calculated to make him a wise, intelligent and good citizen, should be prohibited from acquiring, during that time, a residence which shall entitle him to the exercise of the important function of citizenship. A man who comes to this State from the State of Massachusetts to work at his trade, to pursue his particular calling or vocation, is allowed to vote after he has been here for a single year; but a man who comes to this State from Massachusetts as a student, and enters a college, a theological seminary or a law school, with the intention of making his residence at that place for years, while he is pursuing his studies, cannot, during that time, acquire a residence and a vote. I desire to know why this invidious distinction should be made?

Mr. CHESEBRO-I would ask the gentleman this: Suppose a man goes from here to the city of Auburn and commences his study in the seminary of learning there. Can he not, when he leaves here, intending to make that his residence, become a resident of that place if he chooses? Mr. C. C. DWIGHT—This provision is positive that he cannot gain a citizenship while he is a student in a seminary of learning.

SEC. 4. Laws shall be made for ascertaining by proper proofs the citizens who are entitled to the right of suffrage. The Legislature shall provide for a registry of citizens entitled to vote in each election district, to be completed at least six days before any election other than a town election. No person shall vote except at town elections who is not registered according to law.]

Mr. ALVORD stated the modifications that had been made in the language of the section by the Committee on Revision.

Mr. DALY offered the following:

Resolved, That the article be recommitted to the Committee on Revision with instructions to amend section 4 of said article as follows: Strike out in the third and fourth lines the words "to be com pleted at least six days before any election other than a town election."

Mr. DALY-At an earlier period of the sittings of this Convention, when we had not as precise

an understanding of the distinction which exists) that there should be a registry in the cities between what should bo fundamental law and and large villages completed some days bewhat belongs more legitimately to the Legisla- fore election, in order to give an oppor ture, this section was enacted or this particular tunity to inspect it, and ascertain by irquiry provision adopted as the result of a discussion and investigation whether any, and, if any, what, which then took place upon my motion. I now names were improperly entered. This reason ap. propose to strike it out, being satisfied, in the first plies to cities and villages only; no such thing is place that it is not the function of the Constitution necessary in the sparsely settled districts of the to declare the conditions of the franchise-what country, where every man knows every other shall be required to constitute an elector. But man in the district, and knows without inquiry the mode in which his qualification shall be who are and who are not voters. It was also ascertained is a mere matter of detail which urged that there should be required a personal should properly be left to the Legislature. With application to secure registration in the cities and regard to this particular provision, its operation large villages. And this, it was very properly would be exceedingly injurious to the larger cities said, was not necessary in the country districts. of the State, and especially that city which I These considerations, Mr. President, induced me, have the honor in part to represent. There is a and very many others who preferred uniformity, large and intelligent class of citizens there who to consent to a provision different from the one are continually going to and from the city, and by we desired. It will be remembered that I prothis provision, if they should not return to have posed the amendment for the introduction of their vote registered six days before the election, which I now seek an opportunity by a recommitthey will be unable to vote, the registry being ment, with instructions, on the introduction of closed. I can see reason, and I have thought the provision as it now stands, by the honorable the matter over, why, when an honest voter, who gentleman from New York [Mr. Daly]. My ighas been absent, returns, and submits to the norance of parliamentary rules and usages was registers the proof of his absence, his name taken advantage of by proficients in that science, should not be placed on the list. Gentle- and the subject was passed over without coming men will probably recollect the discussion to a vote on my amendment. Again, when the which took place at that time, and that this subject came up in Convention, this amendment amendment was offered as a compromise between was excluded at first on the ground that it had myself and the gentleman from Onondaga [Mr. been once offered and rejected, and the article Lapham], and was accepted. A very large class was adopted by the Convention as it now stands, of persons who should not be, will, in my judg- and sent to the Committee on Revision. Subsement, be excluded from the elective franchise quently I introduced a resolution to be found on under the operation of this provision. But, inde- page 380 of the Journal, to instruct the Commitpendent of that, this is, as I have said, a matter tee on Revision. It was again objected that the of detail, which should not be embodied in the same proposition had been once voted down, and Constitution at all. When the Constitution has therefore could not be entertained. On examina. declared the conditions upon which the franchise tion of the Journal, however, I discovered this to shall be exercised, it has done all that is requisite be a mistake, and the resolution was entertained, to be made by provisions of the Constitutiou to- but on motion laid on the table. Recently I day, and the test by which this elector's quali- sought to call it up, when I ran against the rulfications are ascertained is a matter of detail, to ing that such an amendment could not be effected be regulated by the Legislature and to be modi- in this way, but only by a reconsideration of the fied, from time to time, as experience shall point vote by which the article had been adopted. The report of the article to the Convention by the Committee of Revision having cut off my remedy in that direction, I find myself now, for the first time, able to bring the subject up by this resolution. Now, Mr. President, I acknowledge the indispensable necessity of a registry in the cities and large villages; but, sir, there are hundreds of towns in this State, each one of which constitutes a single election district, and where a registry is Mr. KETCHAM-While the article on suffrage not only wholly needless, but simply a useless was under discussion in Committee of the Whole, burden. What necessity, let me ask, is there for and again when considered in Convention, it was registration in a town polling three or four hun. evident that a large number of delegates desired dred votes, and in which every voter is known to a simple provision for a uniform system of regis- every other voter in the town? Why, sir, there tration. I, for one (and I know many others who are towns in the county of Wayne for which I entertain the same views), would have preferred believe I could sit down here and make a perfect a simple provision that "the Legislature shall registry if I only knew who of the young men provide for a uniform system of registry." I have attained their majority since the last elecwould prefer nothing else on the subject. It was tion, and yet some of the voters have to go from urged by the opponents of this proposition that five to ten miles to vote. Such towns want no certain provisions were needed for the cities and registry, and they esteem it a burden, a hardlarge villages not at all necessary in the rural ship, to be required to make out and to see that districts. Gentlemen insisted upon the ne- their names are registered; and this in very cessity of providing in the fundamental law many instances will not be done except by a per

out.

a

:

Mr. KETCHAM-I offer the following as substitute for the resolution offered by Mr. Daly Resolved, That the article be recommitted to the Committee on Revision, with instructions to amend section 4 of said article as follows: Strike out the word "to" first occurring in line 3, and insert in lieu thereof as follows: "which in cities and incorporated villages shall."