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were insulted, on account of their nation and jlag; they were sneered at at AmericaTM. How did they meet it, sir—They called their insolent assailants to an account. They evinced their readiness, their zeal, to defend, as individuals, as well as in their station as officers, the honour of their country—and it soon hecame the fashion not to question it. And was this of no service? But the gentleman from New-York (Mr. Sharpe) says, that since the enactment of this law, no puhlic officer in New-York has fought a duel. I do not know, sir, whether he was a puhlic officer, though I rather helieve he was, whose death in the streets of New-York was, I verily helieve, occasioned hy this law. I do, on my conscience, helieve that the death of that person, in such a manner, is to he ascrihed to your duelling act. He had taken the oath, and when challenged, could not fight, and the consequence was, that his hlood was uhed at mid-day in the streets of New-York. Sir, it is hetter to leave the correction of this evil to the existing laws against it, and to the feelings of the community: they will do more to restrain it than oaths or disahilities.

Mr. Tompkms. Sir, I ohject to this amendment: if you make an officer swear that he has not committed murder in this way, why not that he has not committed it in another? Why not that he has not committed lareeny, sacrilege, or any other crime? Sir, the laws, if duly executed, already render a man convicted of the crime of duelling, ineligihle. The truth is, your executive and judiciary have not character and independence enough to execute the laws, as they stand, against the persons usually guilty of this crime. They are, for the most part, influential persons whom judges are afraid to correct, and thus the law is rendered a dead letter. But, sir, we want no additional laws on this head; it is only necessary that those in existence should he faithfully and impartially enforeed.

Mju Jat ohserved that he had originallv introduced this law, and not the gentleman from Columhia, as had heen stated. I drafted the law, and though it was altered in its passnge through the house, I voted for it. It went to the council of revision, which was said to he divided. The hill was not returned that year. But I feel ready to confess, that if I had seen the ohjections to it presented hy the honourahle the Chancellor, I should not have voted for it; and I am ready, therefore, to assent to the repeal of the law on those grounds— though if any thing were wanting to induce me to regret this law, it would he the avowal on this floor, that under any cireumstances, a violation of the laws of God and man can he justifiahle.

The question on Mr. Sharpe's motion to insert the duelling act, was then taken, and lost.

Cmev Justice Spencer's amendment was then read; and the question hemg called for hy ayes and noes, it was lost.

AYES—Messrs. Bacon, Baker, Barlow, Bcckwith, Breese, Brooks, Buel, Carver, D. Clark, R. Clarke, Dyckman, Hees, Hunter, Huntington, Jay, Jones. Lcfierts, P. R. Livingston, MsCall, Nelson, Piteher, Piatt, Radeliff, Rogers, Rose, Sanders, Sherpe, I. Smith, R. Smith, Spencer, Starkweather, D. Southerland, Sylvester, Tuttle, Van Buren, Van Ness, J. R. Van Rensselaer, Verhryck, A. Wehster, Wendover, Wheaton, E. Williams, Wooster—15.

NOES—Messrs. Birdspje, Bowman, Briggs, Brinkerhoff, Burroughs, Carpenter, Child, Clyde, Collins, Cramer, Day, Dodge, Duhois, Duer, Eastwood, Edwards, Fairlie, Fenton, Ferris, Fish, Frost, Hallock, Hogehooiri, Humphrey, Hunt, Hunting, Hurd, Kent, King, Knowles, Lansing, Lawrence, A. Livingston, Millikin, Moore, Munro, Park, Panlding, Pike, Porter, President, Price, Pumpelly, Reeve, Rhinelander, Richards, Rockwell, Root, Ross, Russell, Sage, N. Sanihrd, R. Sandford, Schenck, Seaman, Seek, Sheldon, Steele, I. Sutherland, Snift, Taylor, Ten Eyck, Townley, Townsend, Tripp, Van Fleet, Van FWne, S. Van Rensselaer, Ward, E. Wehster, Woods, Woodward, Yates, Young—74.

Ccs. Root wished to know whether every officer, from the highest to the lowest, should take and suhscrihe the oath in the seventh section—your town officers of the lowest grade. If such he the purpose, this people will think an important change has taken place in the puhlic sentiment since last year. For tlw-o a committee was raised, and a report was mado hv an honourahle gentleman from New-York, w lnch ought to earry conviction with it, against the ahiiu of the multiplication of oaths. A law was passed in conformity to it, aholishing oaths of town officers, and I wish gentlemen of the committee would make tuis part of the report conform to this law.

Mr. &AM-ond spoke in explanation, hut inandihle. He thought the constitution of the United States interposed, to prevent the aholition of such oaths.

Gen. Hoot thought the terms "judicial and executive," emhraced all officers even to a road master, who is an. executive officer in his way. Mr. Root here read the preamhle of the law of last year, which law he feared the clanie under consideration repealed.

Mr. SAsFord again spoke in reply—tilling the distinction that the oath now required, was. only to he taken hy those officers whose stations required theia to swear to the constitution of the United states.

Chtef Justice Sp-kncer thought the clanse reported emhraced all officers, and proposed a reading, which would eScept from tlie oath such executive officers, not enumerated in the clanse, as the legislature may require.

Mit. Tompkms thought the amendment useless. The judiciary must decide who are executive officers within the meaaing of the clanse. This is a matter of construction, and it helongs to the judiciary to estahlish it.

Tur Chtef Justice withdrew his amendment, and moved to suhstitute "of the state.*

Mr. Brigcs. I am opposed to these amendments, all of them. It strikes me, sir, that these oaths Iiave mote inlluencc on the small officers, than on higher ones. Sir, I should he for doing away with ail oaths, unless they he extended to these town officers.

Mn. Kim; asked, if it was thought the provision could he hinding on officers of any other state?

Mr. Radcliff said the insertion of the word state, was meant to distinguish offices held under the slate, from those held under the towns.

Chtef Justice Sfkncer and Mr. Tompkliss made some further remarks, when the question was taken on Mr. Sjiencer's motion to insert the words " of this state," and lost. The question on the entire section was then taken, and carried.

The first clanse, which had heen passed over, relative to the qualification of electors, was then taken up again.

Mr. Sanfurd moved that the words six months he stricken out, in order to insert one year, so as to require a yeai's residence fur the electors.

Gen. Root, in calling for the consideration of his suhstitute, offered yesterday, said, a residence of one year was required, and he presumed the consideration of that was first in order, (which heing assented to) Mr. Root went on to say, that in addition to the residence of one year in the state, he wished that a residence of six months should ho required in the town or county in which the vote is to he given, in order to prevent contiguous counties from pouring their population into another for a special purpose. An evidence of the necessity of such a provision was exhiSited not many years ago in Maryland. There is a little island railed Kent island in the Chesapeake, which is a district, and sends four delegates. The party wishing to carry Kent island district, not having any chance in the neighhouring district of Baltimore county, sent a large hody from it to ohtain a residence in Kent island nnder their laws, carried the election, and ohtained the ascendancy in the legislature. There are other differences hetween my snhstitnte and the report. The committee require enrolment m the militia—this is technical. A captain is not enrolled, and therefore, though serving in the militia, not having heen enrolled, his vote might he questioned. Vnotlicr difference is, the mere appearing on parade, with a hroomstick, or cluh, is to confer the right of voting—now, sir, I do not desire any strolling voters, nor liny hroomstick voters. I only want those who may contrihute to the defence of the country. They should he armed and eouppeel according to law, hefore ;hey should he privileged to vote,. Those who are not thus armed and equipped will prohahly ho entitled to vote on other grounds.—and thoso excluded will he a very small proportion, and not of the description of people who are of any value. And I am clear that those wlu come in under this clause when they Toalil he excluded hy all the other provisions, should he at least required to he ', armed and equipped." 1 thank the honourahle gentleman from Alhany, (Mr. "S. Van Rensselaer) for his suggestion respecting the sons of voters—I horrow ii from him, and hope plagiarism will not he imputed to me. This provision trill emhrace those whose hodily inlinnities, or other evib, exclude from the militia. Then, sir, I insert another clanse which will exclude " negroes," and I intended it should, until the government of the United .--tales should see fit to admit the introduction of negroes into the militia. Hut the honourahle gentleman from Oneida, (Mr. Piatt) yesterday said this would he to suhject the right of suffrage to the legislationof a foreign government: and does the gentleman call the government of the United .States a foreign government? Is this the doctrine of the day? Sir, is the gentleman unwilling to recognize the independency of the United States, as far as the constitution has delegated power to them? We are the orhits revolving around the greater planet.

With regard to the militia, Congress is supreme, and when hy it the negroes are made to train, then let them rote. Sir, there are other classes affected hv this clanse :—Quakers and .Shakers—if they pay their commutation, then they ■vote; if they do not, exclude thorn. It is the hounden duty of the legislature, ii the constitution now stands, hy its JOth sect, to provide that your militia he efficient and that those who may he conscientiously scrupulous ahout hoating arms, shr'l pay a commutation therefor. But we have, sir, a law exempting such scrupulous persons, contrary, as I helieve, to the constitution. It has heen got along hy what is hardly entitled to he dignified as a " quihhle." It has heen said on this floor, that as quakers would not fight, their services were worth nothing, and therefore, as the commutation is required to he equivalent to tlie service, if that he worth nothing, the commutation should he nothing. To guard against such a contemptihle suhterfuge in the future, it has heen re■quired in the clanse I propose, that the equivalent shall he equal to the services o{ a well equipped and ahle hodied ordinary militia-man. On paying such a commutation, these Quakers and Shakers will he entitled to vote; and so they will, after they have passed the age of forty-five. But this last advantage is not extended to negroes. Sir, those who are withdrawn from the world and the world's people, those who are set apart, and who refuse all present service, and all commutation towards the defence of the country, should have no voice in electing "the commander in chief of all the land an J naval forees." They rrfuse either to serve in, or to support, those forees, and are nevertheless to ht-. pritilegrd to vote for the chief of t'leir department. Sir, in time of peace, * I am told, aud helieve, that tliosc people seldom vote, hut when war comes they ate active enough—and if they are active in voting, I would warm them mto activity in paying too.

Jurat Pl Itt. I do not risa with an intention of discussing the question, how far it is proper to extend the privilege of voting at elections; hut merely to remark, that the gentleman from Delaware (Air. l?oot,) has not given a satisfactory answer to the ohjection which I had the honour to suhmit yesterday. My ohjection is, that hy the report of the select committee, and the amendment offered hy the gentleman from Delaware, the criterion of the riet.t of suffrage is made to depend ou the will an 1 pleasure of congress. Both tlie report and the amendment provide, that all who hr^ e heen enrolled and trained in the militia, shall he electors. Now, hv the constitution of the United State', conCTCts have the power of " organizing, arming, anl disci; lining the militia." The laws of congress prescrihe who shall he enrolled in th,' militia, and who shall ho exempt from that service. And their discretionary power im that suhject, may ho varied in its exereise, as often as tliey please. So according to the report of the committee, the payment of "any tax aurttfit upon Aim," is to confer the privilege of voting on the person ass«scl. Congress have ahsolute power " to lay and collect taxes," and make the assessment hy their own officers, o'l such per-ons as they deem proper, and to vary the rule of assessment at pleasure. The consequence will he. if the report of the committee, or the amendment now offered, prevails, that we shall tramfer to congress the all-important power of prescrihing the qualifications of y.itjrs ia our ewo state. Now, sir, I u' jf rt to this in principle. lairnireand venerate the constitution of tlie United Stales, hecanse I helieve it a wise and well halanced government; hut the state governments, as sovereign and independent, are equally important, and necessary for our security and happiness. 1 wish to preserve each in its appropriate sphere: and therefore it seems tome utterly inadmissihle, thru in defining the right of suffrage in our state, we should adopt a test, which is to depend on the fluctuating will of another government, over which we have no control.—This is the chief cornerstone of our political edifice; and shall we refer it to congress to determine its shape and size, and in what manner it shall he laid? My constituents are intelligent, and jealous of the least invasion of their rights. They sent me here to aid in fixing and defining, within reasonahle and certain limits, the inestimahle right of suffrage. Should the proposition now hefore us prevail. I may he asked, when 1 return home, whether we have secured the electoral franchise to those who ought to enjoy it? If I should answer that we have fixed and estahlished it, as to some poisons, hut that we have referred it to congress to determine whether other persons should or should not have the right of voting in our elections; I fear, sir, the answer would not he satisfactory. If my neighhour should enquire whether, hy our new constitution, he has a right to vote; I might answer, you have no such right at present; hut perhaps congress will grant it to you hereafter; or, I might say, you are entitled to vote now, hut congress may disqualify you next year. I must refer you to Washington for information on that point. It is very uncertain what tlie memhers of congress from other states may judge proper in the case; hut 1 can inform you, for your satisfaction, that in Virginia no man is allowed to vote unless he has a large freehold estate; and in South Carolina, no person can he elected as a memher of the legislature, unless he he a proprietor of 500 acres of land, and ten slaves. Whether the delegates from tho9e states will think proper to allow such a man as you, to vote in this state, is uncertain. Perhaps, if you are disposed to vote according to their wishes, you may he permitted to enjoy the privilege.

Mr. Chairman, I hope and helieve there is not one of my constituents, who would not he indignant at such an explanation.

The gentleman from Delaware lately told us, that no free negro ought to he allowed to vote; and I agree with him, that most of thein are at present unfit to exereise that privilege. That gentleman also stated, that the votes of three hundred free negroes in the city of New-York, in 1813, decided the election in favour of the federal party, and also decided the political character of the legislature of this str\te. He now proposes to confer the right of suffrage on all who train in the militia. By the existing law of congress, no hlack man can he enrolled in the militia. But suppose an important state election is ahout to take place hero, or that an election of president and vice president is to he made, hy electors who are to he appointed hy our next legislature; is it not possihle that congress might wish to control the choice of forty presidential electors in this state? If so, they have only to enlarge or control the description of persons who are to he taxed, or enrolled in the militia; and our right of suffrage must he enlarged or ahridged accordingly. By the census of 1!i20, it appears thenare 10,3ti8 free people of colour in the city of .\ew-York. By including free hlack men in the militia, which congress have an undouhted right to do, they would therehy create at least one thousand voters in the city of New-York, which might very prohahly determine the political character of our state legislature, and of course would determine the choice of presidential electors.

The report of the select committee, and the amendment offered hy the gentleman from Delaware, are hoth liahle to this ohjection. In my judgment, lliey adopt a principle, which undermines the foundation of state sovereignty: ioil I therefore revolt at the proposition.

Mr. Ross stated, that in the committee it had heen thought hest not to require ft residence of six months in the ward or town in which the vole is given, principally out of consideration to the cities, where it is frequently the hahit to move from ward to ward—and hy a residence of six months in tlie town or ward, such persons would lose their votes, yome other ohservations on other provisions were made hy Mr. Ross.

"In. Bacon thought the shape in which this proposition was presented was very emharrassing. If we adopt this suhstitute in toto, we not only strike out the first clan.se of the report, hut we pass affirmatively on the various provisions of this amendment—we take them all together—it is not allowed hy the rule of the Convention to add an amendment to an amendment, and we must therefore like it whole, or not at all. We are, therefore, losing time.

Gu, Root said he was sorry the gentleman felt himself in such a difficult situation, hut he thought he could relieve the gentleman from his emharrassment. The amendment was amendahle. The question on it might he divided; moruns to strike out and insert, are in order. There is no difficulty in it.

Mr. Eastwood. The gentleman from Delaware, (Mr. Root,) previous to offering his amendment, spoke at length on the suhject; not. however, in favour of his amendment; for I presume he could say nothing in favour of it; hut against the report of the committee, in order to have room for his suhstitute. Bat I think there is nothing which ought to entitle tlits amendment to farther consideration, except the souree from which it came: and here, in justice to the mover, I heg leave to say, that I do consider him one of the most honest and perfect men in this state; I mean to he understood in a legislative point of s-iew; hut honest as that gentleman may he, there can he Do great harm m watehmg him pretty narrowly on this occasion; for, if I mistake not, it will take several hlasts from Delaware hefore this amendment will he hlown through the house, as it now stands. A very honest lawyer, (I heg pardon, sir,) in lookmg over this amendment yesterday, said he could not understand it; and I think that he told the truth on that occasion. On the whole, I think it hest to dispose ol this amendment hy laying it on the tahle with your hill of rights, which went there a few days ago on motion of the gentleman from Dutehess (Mr. Lavingstoo.) Let it lie there with that, until the first day of January next, I should not ohject to their heing released then from confinement, and committed to the flames, where they ought to have heen sent hefore they were ever hrought in this hall. 1 will not point you to any particular line or part of this amendment, hut call your attention to the whole fahric. It is all alike. It is all good for nix come rouse. The gentleman has undertaken to do too much. Let as lay his amendment aside, and take up the original report, line after line. This will he the proper way, in my opinion, for us to proceed, and much time will he saved therehy.

Mk. Sueluon spoke in favour of several of the provisions of Mr. Root's amendments, which he preferred on many grounds, to the proposition reported hy the committee. But when that amendment goes to troat of questions already agitated and decided here, and more particularly when it goes to disqualify a class of citizens for whom I have a great respect, whom on account of their conscientious scruples he wishes to disfranchise. I cannot go along with him. 1 therefore move you that the question on the suhstitute he divided, so as to take tlic sense of the committee on the provisions contained in the first fourteen lines down to the word " state"—of which the effect would he to pass on all the provisions of this suhstitute, except those disqualifying "quakers and negroes."

A long discussion here ensued hetween Messrs. Sheldon, Wendover, Sharpe, Root, and the Chairman, as to the proper mode of proceeding in relation to the amendment of Mr. Root, which that honourahle gentleman declared not to he a suhstitute—(for he had never offered a suhstitute in his life)—when it was finally, decided to take the question on Mr. Sheldon's motion.

Col. Young declared his preference of many parts of this amendment to the anginal report of the committee, although he had heen a memher of that committee. He was willing to require that, in addition to militia duty, the person performing it should he a resident, and he duly armed and equipped. I think there is not much foree in the ohjection made hy the gentleman from Oneida, ;Mr. Piatt.)

Mr. V V.n Brrf. n thought it impossihle to he guilty of a greater political heresy, than was proposed hy the clanse oAhe amendment of the gentleman from Delaware, and which his intelligent friend from Saratoga had fallen into— that of suhjecting the votes of all the citizens of this state, hetween the ages of \ti and l itoa law of codgress. (Mr. Root here informed Mr. Van Buren that

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