as

alien birth, are not fully admitted to the ranks of voting population. Now, sir, can the State of New York, in adopting its Constitution in 1867, afford to be less liberal than the Constitution of the United States? If it right and proper for us to exclude aliens from the basis of representation, I ask, gentlemen, why should the Constitution of the United States admit such persons in their basis of representation? No, sir, when we go so far as to relieve the negro from the ban that has been placed upon him, not only in the Constitution of the United States but in the Constitution of the State of New York, let us carry our New York learning far enough at least to come up to the doctrine of the United States government, and let us base our future representation on inhabitancy, without any restriction whatever.

tistics and other data, when I alluded very briefly dangerous to the future security of the common. to what was in the Constitutions of 1821 and 1846, wealth? If the object of the exclusion of perit was very far from my design to throw the hon- sons on the ground of alienage is to compel them orable gentleman on my right [Mr. Barker] into an to embrace the earliest opportunity of becoming ambush. I only regret to say that he fell very citizens then I insist that a proper and adequate easily into it. That honorable gentleman paid me instruction should be given to those who take the the compliment for having in his judgment a census to discriminate between those who have greater claim to his regard for my dialectics so declared and those who have not, counting in than for my powers of legal construction. The also their families. But it is clear that no such gentleman was wholly awry as to my design. discrimination has been made in this census, It was far from my purpose to undertake, in a or will be made in taking any census, Convention of Constitution-mongers, to give a long as gentlemen in power insist at this legal interpretation of the meaning of words day that people shall be excluded from the basis that were in those Constitutions, which, more-of inhabitancy aud representation because they, of over, I quoted at length. and without reference at all to their legal construction. My intention, then, was to get at the political idea that influeuced the framers of those Constitutions; and I could have showu very clearly and conclusively, had time permitted, that the political idea was, as I stated it, to exclude those who were not to be taxed, under the general designation of aliens, paupers and persons of color. Now, when the Convention of 1820 was summoned, there was no such fear in existence in the public mind as that which obtained after the revolutionary war, that aliens were going to take possession of this fair State and turn it back into the realms of King George. In 1820 the people of this commonwealth were anxious to have aliens come here, settle on and purchase in the western wilds of the State, and they favored the passage of a law that on declaring their intentions they should be permitted to acquire and hold property, thereby becoming taxed, should be enrolled in the militia, and enjoy all immunities of citizenship in the first degree, so that the political idea of taxing aliens was equivalent to the political idea of engrafting them on the stock of citizenship. The gentleman will say an alien did not become a citizen because he declared his intentions. I deny that proposition, sir, and there was a noble son of New York (Mr. Secretary Marcy) who, in his place at the head of the foreign affairs of the United States, held the converse of that proposition. Moreover he demanded of the Austrian government, under Mr. BARKER-I would strike out the words per.l of the American cannon, the rendition of "who are citizens," and after the word "State," Kotzta, who was no more a citizen, as the getle-insert the words "excluding aliens." man from Chautauqua would say, than this, that he had only declared his intention of becoming such. But to pass on, if the doctrine established in the State of New York, which has been so clearly pointed out by my honorable associate from Onondaga [Mr. Comstock], had been as completely The question was put on the amendment of and fully understood and acted on lately as it Mr. Masten, and it was declared lust, or a was twenty-five years ago, no great harm or hard-division, by a vote of 30 to 60. ship would have eventuated as that which now Mr. E. BROOKS-I propose to amend the counts out 400,000 souls from the basis of inhabitancy, an act of excision resulting from the reckless manner in which this census has been taken. Does any man in his senses believe there are existing in the State of New York at this time ten thousand persons of foreign birth who have not declared their intentions, unless they mean to include the women and the servant

The question was put on the amendment of Mr. Chesebro, and it was declared lost. Mr. WEED-I rise to a point of order. I called for a count before the Chair decided the vote. Mr. E. BROOKS-I did so, too; I raised my voice as loud as I could with propriety.

The question was again put on the amerdment of Mr. Chesebro, and it was declared lost, on a division, by a vote of 25 to 61.

Mr. BARKER-I move to strike out of section 3, line 8, the following words: "who are citizens," and at the end and after the word "State" insert the words, "excluding aliens." Mr. MERRITT-You do not want the word" of " stricken out.

Mr. MERRITT-I accept that amendment. Mr. MASTEN-I offer the following amendment: after the word "aliens," insert "who have not declared pursuant to law their intentions to become citizens of the United States."

amendment moved by the gentleman from St. Lawrence [Mr. Merritt], if he accepts it, wherein he proposes to exclude aliens, by inserting after the word "aliens" the words "not taxed," so that the class of persons not included shall not be taxed.

Mr. MERRITT-I do not accept it. The question was then put on the amendment girls in our families? And if these, does he believe of Mr. E. Brooks, and it was declared lost, on a that they have the animus revertendi or that division, by a vote of 23 to 58.

their allegiance to foreign powers unrenounced is | The question then recurred on the amend

ment of Mr. Merritt, and it was declared members thereof, of the city of New York, on the carried. same subject.

Hitchcock, Houston, Hutchins, Kinney, Landon, the motion I made in regard to going into ComLapham, Larremore, A. Lawrence, M. H. Law-mittee of the Whole one hour after we meet each rence, Lee, Ludington, McDonald, Merwin, Op- day.

dyke, C. E. Parker, President, Prindle, Rathbun, Mr. WEED-If I recollect right that motion Rumsey, L. W. Russell, Seaver, Smith, Spencer, was laid on the table by a vote of the Convention. Stratton, Van Campen, Van Cott, Wakeman, Mr. McDONALD-The motion I call up was Wales, Williams-58. not tabled by a vote.

Noes-Messrs. C. L. Allen, Baker, Ballard, Barnard, Beadle, Bergen, Bowen, E. Brooks, Burrill, Carpenter, Chesebro, Clinton, Comstock, Conger, Corbett, Corning, Fowler, Garvin, Grant, Graves, Gross, Hardenburgh, Hatch, Hitchman, Huntington, Jarvis, Kernan, Ketcham, Krum, Law, A. R. Lawrence, Loew, Masten, Mattice, Monell, More, Morris, Paige, A. J. Parker, Pond, Reynolds, Rolfe, Roy, Schell, Schoonmaker, Sey mour, Sheldon, Sherman, Strong, Tappen, S. Townsend, Weed, Wickham, Young-54.

Mr. TAPPEN-I move the resolution do lie on the table for the present.

Mr. ALVORD-I rise to a point of order, that the previous question having been moved the resolution cannot be laid on the table.

The PRESIDENT-The point of order is well taken.

Mr. A. J. PARKER-The previous question was only on reconsideration.

The PRESIDENT - The Chair is informed that it was not laid on the table.

The SECRETARY proceeded to read the motion of Mr. McDonald, with the pending amendment thereto, as follows:

Pursuant to previous notice, Mr. McDONALD moved to amend the rules by adding thereto the following:

RULE. The Convention will, unless it shall otherwise order, go each day into Committee of the Whole on any general or special order pending one hour after it convenes, unless before that time that order of business may have been reached.

Mr. SHERMAN moved to amend the motion of Mr. McDonald by substituting therefor the following:

RULE 4. It shall be in order after the expiration of one hour after the reading of the Journal to move that the Convention go into Committee The PRESIDENT-The previous question at- of the Whole on the business committed to it; taches to all the incidents of the pending propo-provided the appropriate order of business be sition. not sooner reached.

Mr. HARDENBURGH-I call for the ayes and

noes.

Mr. SHERMAN-I do not see that the adoption of any rule like the one proposed is essential A sufficient number seconding the call, the ayes to the regulation of our business. If any. and noes were ordered. thing of the kind is to be adopted it must The SECRETARY proceeded to read the reso-be in a modified form from the proposition offered lution of Mr. Tappen, as follows: by the gentleman from Ontario [Mr. McDonald]. Resolved, That hereafter the sessions of the By his proposition, at the expiration of the mornConvention on Mondays shall commence at half-ing hour, so called, the pending business, whatever past seven o'clock P. M. be its nature, must be interrupted peremptorily, The SECRETARY proceeded with the call of and without motion we must go into a Committee the roll on the resolution as read, and it was of the Whole. The action of this rule may dedeclared lost by the following vote: prive the Convention of the power of acting upon Ayes-Messrs. C. L. Allen, Archer, Baker, Bal-the business that should be acted upon at once, lard, Barnard, Beadle, Bergen, Bowen, E. Brooks, and throw it over to another day. My substitute Burrill, Carpenter, Chesebro, Cochran, Comstock, proposes a rule that will permit the Convention Corning, Daly, Fowler, Fullerton, Garvin, Grant, to go into Committee of the Whole, if it desires Graves, Gross, Hardenburgh, Hitchman, Hunting-to, at the expiration of the hour, but does not ton, Jarvis, Kernan, Ketcham, Krum, Larremore, absolutely require it. Law, A. R. Lawrence, Loew, Masten, Mattice, Monell, More, Morris, Nelson, Paige, A. J. Parker, Pond, Potter, Rolfe, Roy, A. D. Russell, Schell, Schoonmaker, Schumaker, Seymour, Sheldon. Sherman, Strong, Tappen, S. Townsend, Weed, Wick-mittee of the Whole one hour after it meets, unless ham, Young-56.

Mr. McDONALD-The only difference between the rule suggested by the gentleman from Oneida [Mr. Sherman] and myself is this. By the rule that I suggest this Convention will go into Com

it then otherwise orders. When the hour arrives, if Noes-Messrs. A. F. Allen, Alvord, Andrews, there is any important business, more so than the Armstrong, Axtell, Barker, Barto, Beals, Bell, regular order of business before the Convention, on Bickford, E. P. Brooks, E. A. Brown, W. C. motion of any member, it can, by a majority vote, Brown, Case, Champlain, Clarke, Cooke, Corbett, still continue its present business, but otherwise C. C. Dwight, T. W. Dwight, Endress, Flagler, it will go into Committee of the Whole. By the Folger, Frank, Fuller, Gould, Greeley, Hadley, resolution offered by the gentleman from Oneida Hammond, Hand, Harris, Hitchcock, Houston, [Mr. Sherman], it makes, as it were, the motion Hutchins, Kinney, Landon, Lapham, A. Lawrence, to go into Committee of the Whole, a privileged M. H. Lawrence, Lee, Ludington, McDonald, Mer- question, which can be made at any time during the ritt, Merwin, Opdyke, C. E. Parker, President, day one hour after we meet. I have only this to Prindle, Prosser, Rathbun, Reynolds, Ramsey, L. say in favor of the first rule. As general and W. Russell, Seaver, Smith, Spencer, Stratton, special orders before the committee are supposed Van Campen, Van Cott, Wakeman, Wales, to be the most important business, I take it for Williams-62. granted it ought to be attended to, unless the Mr. MODONALD-I call up for consideration Convention otherwise orders. It seems to me that

after the reports of the important committees we | A. Lawrence, M. H. Lawrence, Ludington, Mer have had, which are now before us for considera-ritt, Merwin, Opdyke, President, Prindle, Prosser tion, this Convention ought not to be willing to Reynolds, Robertson, Rumsey, A. D. Russell use over one hour in the consideration of the L W. Russell, Seaver, Smith, M. I. Townsend, S other business of the Convention, but ought to be Townsend, Van Campen, Van Cott, Wakeman willing and ought to make it a ruie, that one hour Wales-47. having been spent in these side questions, this Mr. SHERMAN-I offer the following resolu Convention, unless it otherwise orders, shall pro-tion, but do not desire action on it to-day: ceed to the consideration of the various reports which are of so much importance. I now move the previous question.

Mr. LARREMORE-I move the whole subject do lie on the table.

The PRESIDENT - The motion for the previous question takes the precedence.

The question was put upon the motion ordering the previous question, and it was declared carried.

The PRESIDENT announced the question to be upon the substitute offered by Mr. Sherman, for the rule moved by Mr. McDonald, and it was declared adopted-ayes 89.

The question then recurred on the adoption of the rule moved by Mr. McDonald as amended by the adoption of the substitute, and it was declared adopted—ayes 93.

Mr. ARCHER-I call up for consideration the resolution offered by my colleague [Mr. Ketcham] the day before yesterday, in relation to the correction of the Journal.

The SECRETARY proceeded to read the resolution as follows:

The SECRETARY proceeded to read the reso lution:

Resolved, That until otherwise ordered, the hou of meeting of the Convention on Mondays shall be seven o'clock P. M.

Which was laid on the table for future consideration.

Mr. PROSSER offered the following resolution: Resolved, That the committee on Canals have authority to attend personally until Friday and Saturday of this week, or authorize a sub-committee of their number to do so, at such place as they think proper, to take testimony and make personal examination as to the capacity of the locks upon the Erie canal to do the business and as to the capacity of the prism for larger locks.

Mr. HARDENBURGH-I desire to investigate that proposition, and would therefore like to have it lie over for another day.

The PRESIDENT--The resolution giving rise to debate it will lie over under the rule.

Mr. SCHELL offered the following resolution: Resolved, That it be referred to the Committee on the Finances of the State, etc., to consider the Resolved, That the proceedings recorded upon expediency of making provision in the Constituthe journal declaring certain members of this tion, that all debts now owing by the State, conConvention in contempt at the session of this Con-tracted prior to 1st January, 1862, shall, with the vention held at seven and one-half o'clock P. M. on the fifth of August, 1867, and the recitals in said Journal declaring that certain members were brought to the bar of the Convention under charge of the sergeant-at-arms, and excused, etc., be expunged from the Journal of this Convention.

Mr. GREELEY-I move the previous question. The question was put upon ordering the previous question, and it was declared carried.

Mr. FOLGER-I call for the ayes and noes on the resolution.

A sufficient number seconding the call the ayes and noes were ordered.

The Clerk proceeded with the call of the roll, and the resolution was adopted by the following

vote :

interest hereafter to accrue thereon, be paid in coin, and also that all debts which may hereafter be contracted by the State, shall, with the interest to accrue thereon, be paid in coin.

Which was referred to the Committee on Finance.

Mr. KETCHAM offered the following resolution:

Resolved, That the sergeant-at-arms be and he is hereby directed to cause the street between the capitol and Congress Hall to be closed.

The question was put on the resolution of
Mr. Ketcham, and it was declared adopted.
Mr. WILLIAMS offered the following resolu-
tion:

limited to five minutes, and that at one o'clock today the article be reported to the Convention and immediately considered, and continue the special order until disposed of.

Resolved, That further debate in Committee of Ayes-Messrs. C. L. Allen, Andrews, Archer, the Whole on the report of the Standing ComArmstrong, Axtell, Baker, Ballard, Barnard,mittee on the Legislature, its Organization, etc., be Beadle, Bowen, F. Brooks, E. A. Brown, Burrill, Carpenter, Champlain, Chesebro, Clarke, Comstock, Corbett, Corning, Daly, T. W. Dwight, Endress, Fowler, Francis, Frank, Fullerton, Garvin, Graves, Gross, Harris, Hatch, Hitchman, Houston, Jarvis, Kernan, Ketcham, Krum, Landon, Larremore, Law, A. R. Lawrence, Loew, Masten, Mattice, Monell, More, Morris, Paige, A. J. Parker, C. E. Parker, Pond, Potter, Rathbun, Rolfe, Roy, Schell, Schoonmaker, Seymour, Sheldon, Sherman, Spencer, Stratton, Strong, Weed, Wickham-66.

Noes-Messrs. A. F. Allen, Alvord, Barker, Bell, Bergen, Bickford, W. C. Brown, Case, Clinton, Conger, Cooke, Duganne, C. C. Dwight, Field, Flagler, Folger, Fuller, Grant, Greeley, Hadley, Hammond, Hand, Hitchcock, Kinney, Lapham,

The question was put on the resolution of Mr. Williams, and it was declared adopted.

Mr. POND-I wish to ask to be excused from attendance until Tuesday morning next, on account of important business that demands my attention.

There being no objection, leave was granted. Mr. LANDON-I call for the consideration of the resolution offered by me last Friday. The SECRETARY proceeded to read the resolution, as follows:

Resolved, That the previous question may be

applied to the particular section of an article, or testimony; but upon an examination of that resoother question under consideration, without lution I now desire, if in order, to withdraw my including the whole article or main question.

Mr. LANDON-As the previous question is now applied in this Convention, it applies to the whole article and precludes any amendment to the particular section. I desire by this resolution to leave it in the power of the Convention to apply the previous question to the particular section.

The question was put on the resolution of Mr. Landon, and it was declared adopted-ayes 79, noes 6.

objection.

Mr. McDONALD-I move this Convention do now resolve itself into a Committee of the Whole. The PRESIDENT-The Chair would inform the gentleman that the motion cannot now be entertained.

Mr. McDONALD-The rule has just been passed.

The PRESIDENT - The Chair holds that that resolution does not govern the proceedings of this day.

Mr. GOULD offered the following resolution:
Resolved, That the Committee on Contingent

Mr. FIELD offered the following resolution: Resolved, That it be referred to the Committee on State Prisons, and the Prevention and Punish-Expenses be discharged from the further considment of Crime, to inquire into the expediency of abolishing the death penaly.

Which was referred to the Committee on State Prisons, etc.

Mr. LAPHAM-I call for the consideration of the resolution offered by me on Tuesday.

The SECRETARY proceeded to read the resolution, as follows:

Resolved, That the roll of delegates be called after the reading of the Journal each day, and the names of all delegates absent without leave, shall be entered in the Journal for the day.

Mr. WEED-I would suggest to the gentleman from Ontario [Mr. Lapham] that any gentleman who pleases can demand the call of the roll any time after the reading of the Journal.

eration of the resolution to bind the Constitution with notes, etc., and that the same be referred to the Committee on Public Printing.

Which was carried, and the subject referred to the Committee on Contingent Expenses.

Mr. BELL-I hope that the rule requiring the resolution to lie over a day in regard to the examination to be made by the Canal Committee may be suspended by unanimous consent, and that the resolution may pass. It only requires a brief examination to be made, that can be made during the recess from to-morrow at one o'clock until Monday, and if made at all it is desirable it should be made at that time. It does not involve any expense. It merely provides that the Committee on Canals shall make that examination. The PRESIDENT- The Chair so understands. The PRESIDENT-There being no objection, Mr. WEED-This resolution simply compels the resolution will now be considered. the Convention to sit here and fritter away its The SECRETARY proceeded to read the resotime in calling the roll, when there is no neces-lution of Mr. Prosser, as follows: sity for it. If there are one hundred and fifty members present there is no need of calling the roll; and to call it will simply take up the time of the Convention with that unimportant matter instead of discussing the proper questions before it. The gentleman from Ontario [Mr. Lapham], who feels it his duty to put every man on the record who is not present, if he is himself in his place, all he has to do is to get up and say he wishes the roll called. But, I ask if it is proper or right for us to say, whether every one of the Convention are here, or a few absent, a half hour or twenty minutes, after the appointed hour of meeting, shall be taken to put gentlemen upon the record as being absent, when, in fact, they may be here nearly all the day, and thus needlessly take up the time of the Convention?

Mr. BARKER-I congratulate the gentleman from Clinton [Mr. Weed] upon his conversion; after the motion he proposed to this committee last night and his remarks I am glad to see reformation has taken place.

Resolved, That the Committee on Canals have authority to attend personally until Friday and Saturday of this week, or authorize a sub-committee of their number to do so, at such place as they think proper, to take testimony and make personal examination as to the capacity of the locks upon the Erie canal to do the business, and as to the capacity of the prism for larger locks.

The question was put on the resolution, and it was declared adopted

Mr. SEAVER-I offer four several resolutions, calling for information from different parties upon the same subject-matter.

The SECRETARY proceeded to read the resolutions, as follows:

Resolved, That the Commissioners of the Land Office be, and they are hereby requested to transmit to this Convention, a list of all the lands, with the location thereof, heretofore granted to or acquired by the "Sackett's Harbor and Saratoga railroad company," the "Lake Ontario and Hudson River railroad company," and the "Adirondack company," stating as well the number of acres of said lands donated by the State, if any, Mr. SPENCER-I move the previous question. as the number of acres purchased of the State, The question was put upon ordering the pre-and the price per acre for which said lands were vious question, and it was declared carried.

Mr. WEED-I do not understand what the gentleman means.

The question theu recurred on the resolution of Mr. Lapham, and it was declared lost.

Mr. HARDENBURGH-A moment since I interposed an objection to the consideration of a resolution offered by my friend from Erie [Mr. Prosser], to authorize the Canal Committee to take

conveyed, when so purchased, and by what titles the said lands are now held by said company or association, organized pursuant to the provisions of chapter 236, Laws of 1863, entitled "An act to encourage and facilitate the construction of a railroad along the upper Hudson into the wilderness in the northern part of this State, and the