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Mr. MORRIS-Mr. Chairman, it does not seem to me that the introduction of the words proposed by the gentleman from Broome [Mr. Hand] give any force to the preamble. I think it is sufficiently comprehensive in its present form. If we express ourselves grateful to the Almighty for our freedom, it seems to me that covers the ground in a more general and comprehensive manner than it would be covered by the insertion of the words proposed.

He has

Mr. HAND-That is so. We are in Committee | tutional Convention, composed of one hundred of the Whole. People will forget themselves and sixty members, except one who has been Bometimes. taken from us [Mr. Seymour], to remain alive and perform their work. He certainly has preserved our families, and taken care of them. permitted no disease to come upon them and carry them off. There are a great many things for which we should be grateful to the Almighty, and it seems to me that, in making a Constitution for the State of New York, there is no necessity for us to state any thing further than that we are grateful to the Almighty for the freedom that He has vouchsafed to the State, following simply the Mr. LAPHAM-There is certainly no inappro-language of the Constitution of 1846, and let it priateness in the incorporation of the words pro- rest there. Every gentleman must know, as a posed in this preamble if they be true. The matter of course, that in undertaking to put such gentleman from Onondaga [Mr. Comstock] has said he opposes it because he does not desire a falsehood to be inserted in the preamble. If that is the ground upon which the committee are opposed to the insertion of the amendment, let it be so understood; but let us not vote against an amendment upon the ground that it is inappropriate, and then have the vote go out to the world as a concurrence by the majority of this committee in the sentiments expressed by the gentleman from Onondaga [Mr. Comstock].

Mr. COMSTOCK-I will say to my friend [Mr. Lapham] that I will accept a negative vote as indicating the simple inappropriateness of the amendment in this place, or I will be glad to accept a withdrawal of the amendment.

Mr. LAPHAM-On reflection, I am disposed to insist on the amendment, and I will state my reasons briefly for it. If wo have a preserved nationality, the State of New York has as great reason to be thankful for it as any State in our Union. It is entirely proper and appropriate that on the assembling of a Constitutional Convention, on the first occasion, after our nationality, which has been so much jeopardized, has been preserved by the success of our armies, that "We, the people of the State of New York" should express ourselves as grateful to Almighty God for our freedom and our preserved nationality," in our preamble.

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Mr. ALVORD-I hope the motives which I have in opposing this proposition to amend will not be misconstrued. I would like to know what we, in making a Constitution for the State of New York, have to do with the question of nutionality in any form. We may preserve our freedom as a State, but our nationality may not be preserved in the future.

Mr. LAPHAM-Not at all.

a clause as is proposed in the Constitution, it will
be construed as an intended insult upon a certain
portion of the people. It might as well be
dropped here. We should not carry it any fur-
ther. There has been enough ascerbity and bit-
terness of spirit in the past, without introducing
a clause which may create that feeling here.

Mr. LAPHAM-I would ask my friend [Mr.
Alvord], who it is that would regard themselves
as insulted by the introduction of this amend-

ment.

Mr. ALVORD-The gentleman [Mr. Lapham]
can answer that question as well as myself. Ho
is aware that there is a large party in this country
who to-day believe with him, and with me,
that the rebellion should be put down by the
strong arm of the government, and who went to
work with us, although differing from us in politi-
ical ideas, in the efforts of the government to put
down the rebellion; he is aware that they stand
to-day with another portion, who did not believe
with us, arrayed in political hostility to us; and
that that portion of the community believe that
with the close of the war the rebellion ceased to
be physically operative against the government,
and that the dominant party in the government
has retarded rather than accelerated the settle-
ment of national troubles, and who believe that
of the present domination shall succeed in its efforts
it will tend rather to disorganization and disruption
than to permanent peace and a restored Union.
I do not agree with those sentiments.
in sustaining the Congress of the United States
in their efforts still further in doing what is neces
sary for the good of the country. I do not be-
lieve that in a document of this kind, to be sub-
mitted to the people of this State having diverse
views upon this question, we, as a simple matter
of taste, should put such a clause in here. It
does not strengthen the Constitution; it does not
do any thing whatever to benefit us as a people.
It simply recognizes that which we can in our
private meditations and prayers, and I hope and
trust that all good men will every time they pray
But there is no
make this acknowledgement.
uecessity of putting in the Constitution a state-
ment which is obnoxious to a large portion of the
people of the State.

I believe

Mr. ALVORD-I cannot understand it in that light. The State may be able to preserve its freedom, though our nationality were destroyed. We are circumscribed in our action. We are not making a Constitution for the United States of America, but for the people of the State of New York; and "we, the people of the State of New York," say that we are "grateful to Almighty God for our freedom." We might just as well Mr. COMSTOCK-I will only say a word or put in many other matters as to put in our gratefulness for "our preserved nationality."two in explanation, or, perhaps, in justification of To be sure, we would be grateful in a lesser the remark I made awhile ago. I am not able to degree. We certainly should be grateful to Al-form any idea or conception of our nationality exmighty God that He has permitted this Consti- 'cept in the union of the Sta es under the Consti

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Mr. LAPHAM-I hope the gentleman from Broome [Mr. Hand] will withdraw the change that he has suggested.

Mr. VERPLANCK-He cannot do it. Mr. LAPHAM-He has a right to withdraw it if he wishes.

Mr. HAND-I withdraw the suggestion for tho change.

Mr. VERPLANCK—I believe I have the floor, and do not wish to be interrupted.

The CHAIRMAN-Will the gentleman from Erie [Mr. Verplanck] yield to the gentleman from Broome [Mr Hand]?

tution. I differ with my friend from Jefferson [Mr. Bell], and my friend from Ontario [Mr. Lapham] on this point. But I desire to differ with them charitably, and I would do so with all men, and upon all the questions which are agitating the public mind at this day. I arose when this amendment was suggested, because I regarded it as an introduction of an idea that I did not believe to be true according to my way of looking at the subject of our nationality; because I did not think that the union of our States was preserved and restored under the Constitution. But I do not desire this Convention to commit itself to any view. I will cheerfully accept a with- Mr. VERPLANCK—I do not like to yield to a drawal of the proposition, or a negative vote upon discourteous interruption. I was about to remark, it as a matter of taste. I am sure the public will Mr. Chairman, that I did not suggest to the genaccept it in that way. It is too late in the his-tleman from Jefferson [Mr. Bell] the withdrawal tory of this Convention to introduce topics which of his proposition because I had any political feelmight lead to warm, earnest, and partisan de- ings in reference to it. I thought it best to ask bate. I hope they will not be introduced. This that the proposed amendment should be withamendment suggests some great fundamental drawn because no Constitution, either of the questions which agitate the public mind now, United States or of any State, so far as I know, and which array political parties against one an- has ever contained any thing like this. The Conother, and I think we had better not introduce stitution of 1821 did not refer to the successful them. termination of the war of 1812, and I see no Mr. LAPHAM-I think there is an entire mis reason why this amendment should be put into apprehension on the part of the gentlemen who this preamble, and sustained as I am in this view oppose this amendment, of the effect of inserting by the deliberate judgment of the Committee on the words in the preamble. The insertion of the Preamble and Bill of Rights, I thought my these words has nothing whatever to do with the object could not be misunderstood in asking the question of the measures which have been adopted gentleman from Jefferson [Mr. Bell] to withdraw since the surrender of the armies of the rebellion the proposition. The gentleman from Broome with a view of restoring harmonious relations [Mr. Hand], acting, as he sometimes does, from between the former States of the Union and the impulse, has renewed it. I believe that no man general government. Our nationality is none the in this Convention desires the re-establishment of less preserved whether that contest shall be the national government more ardently than myended in a brief period or prolonged for an in- self. In the present condition of our country I definite period. The great fact which we wish to would like to avoid the discussion of the question recognize is the interposition of Divine Provi- of preserved nationality. The Congress of the dence which led us out of the contest in which United States, composed of gentlemen_acting we were engaged. It was an effort on the part upon their convictions of duty, are, I fear, of a portion of the States of this Union to break doing what the rebel armies failed to acoomup and destroy our system of federal government, plish the dismemberment of our Union. and that effort has failed; the Union has been Senator Doolittle, the other day, when he sustained; the government of the United States was asked in the course of his speech "under stands as a fixed fact in the estimation, not only what flag he would march," replied "under of the people of the United States, but in the a flag with thirty-seven stars." If this motion estimation of the people in every country on the is persisted in I intend to take up the conface of the globe. The United States stand to-sideration of the whole subject. The party with day as a power among nations, infinitely above any position which they have ever occupied before. Now, it is a recognition of that great and acknowledged fact, a fact in which it seems to me the gentleman from Onondaga [Mr. Comstock] must concur with me, and which is above and beyond the question of the relations which now exist or may hereafter exist between our States. It is a recognition of that great fact-the triumph of our armies under the favor of Providence, and nothing beyond that; and for that reason I am in favor of the amendment.

Mr. HAND-It may be proper to change the phraseology of the amendment; and if it is in order, I would have it read, instead of "the preservation of our nationality," "the preservation of our Union."

The CHAIRMAN-No action having been taken upon the amendment offered, it will be changed as suggested.

which I have the honor to act, I believe to have been as patriotic as any other body of men in this country. Their money was as profusely lavished as the money of the men of the dominant party, but because an individual here and there chose to oppose the war, and to criticise the acts of the administration-or because the public press criticised, in some particulars, the action of the government, just as the whigs criticised the action of the government during the war with Mexico, it has become popular with the republican party to call the democratic party disloyal. Now, sir, I take occasion to say that these assertions are not corroborated by the facts. I hope and trust that we have preserved our nationality, and preserved our Constitution, but I submit it is best to preserve unaltered the preamble of the Bill of Rights.

Mr. AXTELL-I would respectfully suggest to my friend from Broome [Mr. Hand] that it would

treated as a nationality among these nations? Does our flag float at the masthead of our vessels in every harbor, and on every sea, without question from any power?

Mr. WEED-I would like to ask the gentleman whether the people of the State of New York are recognized by any nationality as among the nations of the world?

Mr. HAND-I do not care any thing about that. Mr. WEED-That is the way it reads, word for word.

perhaps be well to withdraw his amendment, and, throughont the length and breadth of this land? especially on account of the sensitiveness which That is one of the questions. Are we so regardappears to be felt in reference to it. I confess ed among the nations of the earth, and are we that I am surprised at this sensitiveness. I did not suppose there could be, by implication, any thing political in this statement. I recollect that early in the sessions of this Convention, our late friend, David L. Seymour, was speaking to me upon this very point, and he suggested that it would be proper to place within the preamble some recognition of the fact that the government of the United States had been successful in crushing the rebellion, and that our nationality had thereby been preserved. He said that on account of the circumstances this would be appropriate; and it had not entered into my mind that Mr. HAND-That has nothing to do with it at there could, by any possibility, be any thing par-all. We, as a State of the United States, a part of tisan in this, or any thing to call forth a defense the nationality, may be thankful for our blessings. of the democratic party, or any other party. I Does the flag of this nation, as a nation, as the wish that the amendment might be withdrawn. representative of our power, hold as responsible a Mr. VAN CAMPEN-I rise for the purpose of position as it has heretofore, and even more so, making a motion, and, before making that mo- all through the civilized world, or is it true that tion, I desire to say that notice had been given we are not regarded as a nationality? Is there out for a meeting at four o'clock in this hall this a gentleman in this Convention that doubts that afternoon, for the purpose of allowing a delega- we have a nationality, that we exist as a nation? tion of Seneca Indians to be heard before the That question must be answered in the affirmaCommittee on Indian Relations. It was found tive. Is it true that our nationality has been only that there was a very small attendance of the a short time ago in imminent peril? That danger members of the Convention here at that hour, was great from foes not confined, I am sorry to and there was an understanding that at about say, to professed rebels in open rebellion, whateight o'clock the Committee would probably rise, ever gentlemen may claim? Is it true that our and give an opportunity for them to be heard, and nationality has been in imminent peril? The peothey are now present. I therefore move that the ple of the State of New York have so regarded committee do now rise and report progress. it. That peril and that condition have tried the faith of every patriot throughout the land. We have regarded it as having been in the greatest peril. Throughout that period of peril we have been preserved, if we now have a nationality, so that the anendment is emphatically truthful. Now, if the second question may be answered in the affirmative, that we have a nationality, that the nationality has been preserved through the patriotism and the valor of our countrymen, then the next question comes-is this a thing to be thankful for? I am astonished, I am shocked, at the sentiments of the gentleman from Onondaga [Mr. Alvord], that the measure of thankfulness is to be compared with thankfulness for our daily bread and those common blessings that come to individuals in their daily life. It is a cause for thankfulness such as I hope we never shall have to know hereafter; for I hope that the occasion may never come that we shall have so great a danger from which to escape, constituting so great a blessing to be thankful for, as our preservation Mr. HAND-I am astonished at the remarks of from our recent great peril and our reinstatement the gentleman from Erie [Mr. Verplanck]. Before among the nations of the earth in all our power we pass upon this amendment, there are two cr three and respectability. Is this a thing to be thankful questions suggested to my mind, and a rational, for? I am sorry that gentlemen who disagree manly, sensible decision in this matter, will de- with me in politics, should by their action, and pend upon the answer we give to those ques- their sensitiveness here, express a doubt whether tions. In the first piace, is our nationality pre- we should be thankful for the preservation of our served? Are we a power among the nations of nationality; for in this sensitiveness they do exthe earth? Does our flag float over every rod, press a doubt, although they claim great patriotevery county, every hamlet, and every public ism, and to have exercised great power and influplace throughout the length and breadth of these ence in preserving this nationality. Does it not United States, or the territory thereof? What- occur to gentlemen of the Convention that this ever name you choose to call them, constructed very sensitiveness, this very unwillingness to exor reconstructed, are we, as a nation, a power press thankfulness, throws a doubt over their

Mr. CURTIS-I hope my friend will withdraw his motion long enough to allow the immediate point before the committee to be settled.

Mr. VAN CAMPEN-If there is to be further debate upon the subject I should not like to consent to withdraw the motion. If there is to be no further debate upon it I will withdraw it for the purpose of taking a vote.

Mr. CURTIS-I certainly hope, Mr. Chair

man

The CHAIRMAN-Does the gentleman from Cattaraugus [Mr. Van Campen] withdraw his motion?

Mr. VAN CAMPEN-I cannot, unless with that understanding.

The question was put on the motion offered by Mr. Van Campen, and, on a division, it was declared lost, by a vote of 13 ayes, noes not counted.

The question recurred on the motion offered by Mr. Hand.

patriotism? If they had that patriotism, and had all the desires that fill the hearts of true patriots for the preservation of that nationality, and entered with spirit into the great struggle, they would with us, as one man, come up here, and as with one heart be willing to express that thankfulness. The reason why it has not been incorporated into a State Constitution, in the preamble, heretofore, is because the occasion has never arisen before. This is one of the experiences to which few nations are subjected in the manner in which we have been subjected in this great struggle.

Mr. ALVORD Will the gentleman allow me a question? I will ask him, sir, whether, any moment from the commencement of this nation as a nation, we have not been preserved by the hand of Almighty God from destruction?

Mr. HAND-That is true as a general proposition with every thing that occurs in our history as a nation. It is true of every individual, as of every nation in the world, of course; but never have we been in such peril since the birth of our nation, to all human observation; never has a danger been so great; never has the faith of the patriot been tried as it was in this great struggle; and we have been preserved in the midst of such dangers, and a hand unseen, but apparent to the eye of faith, in many a crisis during that struggle has undoubtedly been over us to secure our preservation; and to that Almighty power I desire that the State of New York, represented in this Convention, should express its thankfulness in the preamble to our Constitution.

the committee to vote down this amendment and leave the preamble, which so fully and so beautifully expresses our gratitude to Almighty God for our freedom, as it is in the Constitution of 1846. Mr. CURTIS-I certainly regret with my friend from Erie [Mr. Verplanck], who sits in front of me, that a few words spoken I presume somewhat inadvertently at the time, by the gentleman from Onondaga [Mr. Alvord], who sits before me, should have produced this debate and the heat of feeling which seems to have arisen amongst us here now. The present preamble to the Constitution, Mr. Chairman, it seems to me, is unsurpassed for its simplicity, for its dignity, for its comprehensiveness. That, in my opinion, the nationality of this nation of which the people of the State of New York are a part, has been preserved; that, in my opinion, the state of things shadowed forth by the gentleman from Onondaga [Mr. Alvord] in front of me, does not really exist, are certainly not reasons yet why I should vote for the proposition originally introduced by the gentleman from Jefferson [Mr. Bell], and renewed by the gentleman from Broome [Mr. Hand]. As a delegate of the people of the State of New York, and in their name, setting forth the preamble to the Constitution, it seems to me that when I say for them: "We, the people of the State of Now York, grateful to Almighty God for our freedom, in order to secure this blessing do establish this Constitution," have said every thing that the people of New York require to have said. In my judgment, if the Union is safe, it is in part beMr. VERPLANCK-The surprise of the gen- cause of the freedom of the people of New York. tleman from Broome [Mr. Hand] and his allusions If the Constitution is preserved, it is in part beto the sensitiveness of gentlemen who have cause of the freedom of the State of New York. spoken on this subject, does not trouble me. I It is that freedom which, politically speaking, in have the certificate of my constituents for my my judgment is the source of all our blessings; position in reference to the war. During the war and therefore I do not see any reason, after having I was unanimously re-elected to the judicial posi-stated our gratitude for that freedom, for going on tion which I now hold. What certificate has the to express in detail our gratitude for any of the gentleman for his loyalty? Were his sons upon blessings which flow from that freedom; and the battle-field from the beginning to the end of therefore, sir, inasmuch as the gentleman from the war? It does not, Mr. Chairman, become Onondaga [Mr. Alvord] before me has withdrawn the gentleman from Broome [Mr. Hand] to cast the test which these words apparently raised, as aspersions upon me in this Convention. Sur, I there is, I am sure, in the mind of no friend of am above and beyond any thing that the gentle- mine politically on this floor, in the mind of no man from Broome can say on this subject-in- friend opposed to me politically on this floor, the finitely beyond any thing that any politician can least desire that the Constitution of the State of say, here or elsewhere, on the subject of my New York should express any partisan meaning fidelity to my country. It was to prevent the ex- whatever; inasmuch as I should, unless my citement and feeling which was exhibited when friend from Broome shall withdraw his ameudthe gentleman from Onondaga spoke against the ment, propose to vote against that amendment. amendment that I asked the gentleman from While I do not vote against it as any test, but Jefferson [Mr. Bell] to withdraw the propo- because I believe that every thing which he specisition which the gentlemen from Broome has re-fies is secured already by the freedom which we newed. Now, Mr. Chairman, the gentleman may wonder and say that gentlemen are sensitive, but the proper thing for this Convention to do is what a committee composed of the ablest men in this Convention did. They discussed this proposition; and the members of this committee tell us, that, after this discussion, they resolved that it was not necessary or proper to change the preamble to the Bill of Rights. But the gentleman from Broome [Mr. Hand] insists that it shall Mr. HAND-The personal allusion of the genbe changed. I think the deliberate judgment tleman from Erie [Mr. Verplanck] I treat with of the committee or the subject is better than that contempt which it deserves; and without the impulse of any man on this floor, and I ask withdrawing one word of what I have said, or

have, I trust sincerely, sir, and I will not speak for the harmony of the phrase, for the beauty of the expression, I will not even refer to the unanimity of the committee which reports this preamble, but I hope sir, for the dignity of the people of the State of New York, who know that all their blessings do flow from that freedom, that that amendment will either be withdrawn or will not prevail.

doubting the truthfulness of it, but because it is the desire of very many of my friends, I will withdraw my amendment.

Mr. VAN CAMPEN-I move now, with the indulgence of the committee, that the committee rise and report progress.

The question was put on the motion of Mr. Van Campen, and it was declared carried.

ful to Almighty God for our freedom, in order to secure its blessings, do establish this Constitution.

There being no amendment offered to the preamble, the SECRETARY proceeded to read the first section as follows:

No member of this State shall be disfranchised or deprived of any of the rights or privileges seWhereupon the committee rose and the PRESI-cured to any citizen thereof, unless by the law of DENT resumed the chair in Convention. the land or the judgment of his peers.

Mr. SEAVER, from the Committee of the Whole, reported that the committee had had under consideration the report of the Committee on the Preamble and Bill of Rights, had made some progress therein, but not having gone through with the same, had instructed their chairman to report that fact to the Convention and ask leave to sit again.

Mr. MERRITT-I move that the committee be discharged from the further consideration of this subject, and that it be referred to the Conven

tion.

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

Mr. ALVORD-In pursuance of a desire on the part of the chairman of the Committee on Indian affairs, to have the Indians who are present heard this evening, I move that this Convention, as a Convention, do now adjourn.

Mr. AXTELL-Will the gentleman give way for a moment?

Mr. ALVORD-Certainly, sir.

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There being no amendments offered to the first section, the SECRETARY proceeded to read the second section as follows:

SEC. 2. The trial by jury in all cases in which it has heretofore been used shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.

Mr. MERWIN-I offer the following amendment: After the word "forever," in line two, insert "except that in suits in justices' courts provision may be made by law for trial by jury of less than twelve men." Mr. President, the court of appeals decided, a few years ago, that a trial by jury meant a trial by a common law jury of twelve men. And when, therefore, the Legislature extended the jurisdiction of justices' courts to cases in which the sum involved was over $100, the point was made that, as far as those cases were concerned, the act was unconstitu tional, inasmuch as parties were deprived of the right of a trial by a common law jury. It has been decided that the law in that respect was not constitutional. To avoid that question, I offer this amendment; and the same idea can also be brought with reference to cases over $50 in justices' courts, inasmuch as the Conre-stitution of 1821 had the same provision and at that time the jurisdiction of the justice's court was limited to $50. I offer this simply to remedy this objection, as the point has been made and decided adversely. It simply leaves that question so that the Legislature can confer jurisdiction in cases over $50 or $100, as they choose.

Mr. AXTELL-I simply desire to give notice that I shall at some future day move to reconsider the vote by which the article on State prisons was adopted, for the purpose of amending each and every section of the article.

The PRESIDENT That notice will be ceived and will be noted by the Secretary. Mr. ALVORD-I renew the motion to adjourn.

The question was put on the motion of Alvord to adjourn, and it was declared carried. So the Convention adjourned.

Mr.

TUESDAY, February 4,1868. The Convention met at ten o'clock, pursuant to adjournment.

Prayer was offered by the Rev. BERNARD MOMANUS.

The Journal of yesterday was read by the SECRETARY and approved.

The question being put on the amendment of Mr. Merwin, it was declared adopted.

There being no further amendments offered to the second section, the SECRETARY proceeded to read the third section as follows:

SEC. 3. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this State to all mankind, and no person Mr. A. F. ALLEN-I offer a memorial from shall be rendered incompetent to be a witness Benjamin Williams and twenty-five others-In-on account of his religious belief; but the dians-asking that the right of suffrage as pro- liberty of conscience hereby secured shall not be vided in the article reported by the Committee so construed as to excuse acts of licentiousness, on the Relation of the State to the Indian or justify practices inconsistent with the peace tribes, be not extended to the Indians of this and safety of the State. State. Mr. VERPLANCK-I move to strike out in Which was referred to the Committee of the the third line "to all mankind." Whole.

The Convention again proceeded to take up the consideration of the report of the Committee on the Preamble and Bill of Rights, as reported from the Committe of the Whole.

The SECRETARY read the preamble, as follows:

The question was put on the motion of Mr. Verplanck, and, on a division, it was declared lost, by a vote of 13 to 18.

There being no further amendment to the third section, the SECRETARY proceeded to read the fourth section as follows:

SEC. 4. The privilege of the writ of habeas We, the people of the State of New York, grate-corpus shall not be suspended, unless when in

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