bicameral arrangement without adopting the, around it, every man who thinks candidly on reason upon which that arrangement is founded. the subject will admit that he who actually pays It is the shadow without the substance. the taxes has a stronger right to control the expenIt is the name without the thing. The gentleman diture of them than he who does not. The from Oneida [Mr. Kernan] complained the other amendment therefore commends itself to the sense evening that our Legislature, as at present con- of natural equity. The amendment will prove a stituted, was only a great and little assembly; more effectual estoppel of the bribery and corrupthat it represented precisely the same persons, tion which have been so much complained of than and did not represent any distinct interests what- any of the stringent oaths which have been proever. This complaint is eminently just. We might vided in the article on suffrage. The Senate will as well attempt to produce fruit from the union have a more natural sympathy with the tax payer, of pistil with pistil, or stamen with stamen, as to and a greater sense of responsibility to him, than produce good legislation from bodies thus con- the present Senate or Assembly. This amendstituted. Vast evils have resulted from this bi- ment will give to the farmers of the State a relacameral arrangement of our Legislature, and tive power greater than that of the cities. The although the rights of persons are the only rights farming population being stationary while the which are represented either in the Senate or cities are rapidly increasing, the latter will evenAssembly, those rights of persons have not been tually overwhelm the former. This can never be as well represented as if there had been a repre- desired by the patriot or the statesman, who have sentation of property in one chamber established always, in all nations, considered agriculture to be by the Constitution, and the rights of persons and the basis of national prosperity, and farmers as the property both had been honestly and equally rep- most trustworthy depositaries of political power. resented. We have seen most vehement and persist- Correct and safe conclusions are more generally ent efforts made by democratic members on this reached when the facts on which they are founded floor to deprive 11,000 negroes of the elective fran- have been slowly and patiently examined, and chise. These gentlemen are neither knaves nor their mutual relations carefully traced out. This fools. They know perfectly well that the color requires a habit of keeping the mind closely of the skin is not a proper foundation for the in contact with a given topic. Sir Isaac rights of franchise, but these gentleman have felt, Newton declared that his wonderful discoveries sir, as the other side of the question do not were more owing to this habit than to any feel, that there is danger to the rights of prop- other quality of mind. From the very nature erty in the city of New York by the large intro of their occupations farmers acquire the habit, duction of aliens into it; there is that danger, at the plow, at the harrow, in the hay field, the and they have a real fear that even 11,000 farmers quietly revolve the public questions of negroes introduced into the voting will add too interest in their minds, and like their oxen they much force to that side, and that there will be chew the cud until all its flavor is extracted. a real danger to the rights of property. But if It is not so with citizens of a crowded city, their you give to property a negative power in the studies of public questions are hasty, irregular, legislation of this State all dangers of this kind and fragmentary, they hastily consider one point pass away at once. If there is one body which of a subject, and decide the whole subject by their can adequately represent the interests of property decision of the single point. The farmer must, then the danger of agrarian and destructive legisla- therefore, from his habits and occupations, be a tion is entirely avoided. You may introduce as safer repository of political power than the many aliens and negroes as you please, and no dan- citizen. They are more exempt from corrupting ger whatever will threaten to destroy or jeopardize influences than the inhabitants of cities, and they the right of property. This is a consideration are less migratory in their habits. Another great which ought to occupy our earnest attention; we advantage will flow from this amendment, it will ought to give it a careful, candid, and intelligent add to the number of tax payers. There are consideration, whether we are not in duty bound about three hundred and eighty thousand persons to take away this disturbing element from us and taxed for the ownership of land, and those who bring back peace and quietness to our Legislature, will be taxed for personal estate will swell the and thus calm those fears that are now so rife in number to five hundred and fifty thousand voters. the bosoms of gentlemen. Once establish this These, sir, are some of the reasons that have principle, and our democratic friends will cease influenced me in offering this amendment, and I their opposition to the introduction of negro voters, only regret that the time allowed me will not as some gentlemen on the other side will cease their allow me to develop them with greater fullness, fears with regard to the introduction of alien voters. and to illustrate them in a clearer manner. Persons will all be represented, and the republican Mr. MONELL-The vote which I shall give upon law will be carried out to its utmost degree of per- the amendment of the gentleman from Albany fection. I would oppose with all my power the [Mr. A. J. Parker] may seem to be inconsistent withholding of the franchise from any individual with my presumed assent to the report of the whatever. I would have persons represented Committee on the Organization of the Legislature in the fullest degree and to the widest extent; which is now under consideration in this commitand in one part of the Legislature I would give a tee, unless I state the reasons which influence my similar protection to property. Then you will concurrence with such report. The chairman of find all these heart-burnings will cease, and the the committee correctly stated, a few days since, rich and the poor, the alien and the negro, will go that the committee, with a single exception, was on harmoniously together. Stripping the subject unanimous in the opinion that it was best to of the mists which demagogueism has thrown recommend adoption by the Convention. the plan

for the organization of the Legislature provided upon the suggestion of the chairman of the comby the Constitution of 1821. I believed at mittee it was deemed practicable that some plan of the time and I believe now, sir, that a better Leg-division of the State into senate districts should islature would be secured by adopting the plan be presented to the Convention, and that being provided by the Constitution of 1821 than by the assented to by the members of the committee, the plan adopted by the Constitution under which we duty was confided to one gentleman, and he prenow live. That plan provided for a division of pared the division of the State into senatorial disthe State into large senatorial districts, and the tricts, which subsequently, with the assent of the election of members of Assembly by counties. committee, but without examination, was incorTo that extent the committee was unanimous, and porated into the report, but upon the understandI am still of the opinion that a Senate organized upon ing that no member of the committee was to be that plan would be preferable to a Senate organ- concluded or bound by it; and in this remark I am ized on the small district plan. A reason which, corroborated and borne out by one member of the perhaps, had no influence with the other members committee. I allude to the gentleman from of the committee had its effect upon my mind. Ulster [Mr. Cooke], who a short time since proWe heard in the early session of this Convention posed that when the proper time arrived he would from gentlemen, not officially but conversationally, submit a new and different plan for the division that the powers of the Legislature were not to be of the State. Since the submission of that report enlarged. On the contrary, that the powers of I have with some care examined the figures upon the Legislature were to be greatly abridged and which it was predicated, and I am satisfied, limited. It was said that the Legislature were upon that examination, that a great wrong, to be confined to the enactment of general laws, if that plan had been adopted by the Convention, and were to be prohibited from the passage of would have been done to that portion of the State any private or special charters. And, sir, in which I have the honor in part to represent. That furtherance of that view, we find that one com- plan of division was predicated upon the enumeramittee has already-I allude to the Committee on tion of 1865, and it is enough, I think, for me to Corporations other than Municipal-reported a say that that enumeration had been condemned as section for the consideration of this Convention being utterly unfair and unjust to the city of New prohibiting the Legislature from passing other York. But even assuming it to be correct, the than general laws for the incorporation of large fraction which is given by it to the city of individuals. We were also told in the New York is sufficient to entitle her to another early session of the Convention that local Senator. Independently of that, the large inlegislative powers would be conferred upon local crease of population in the city of New York bodies, alluding, I suppose, to boards of su- since 1865 has been entirely ignored or overpervisors, and we find that the Committee on looked by the committee. We all know that the Counties and Towns, who reported a day or two population of the city of New York has increased since, have also recommended for the considera- ten if not fifteen per cent within the last three tion of this Convention a provision conferring years, and such increase will go on until 1875 beupon the boards of supervisors local legislative fore there can be any increase of representation powers which the Constitution will define and fix. in the Senate from that city. Now, Mr. Chairman, Now, sir, if this is so, and this Convention shall under these facts and circumstances, if I had been finally adopt these provisions recommended by present when the vote was taken on the original these committees, and other similar provisions, proposition contained in the second section of the and that the powers of the Legislature shall be report of the committee, I should have felt authorconfined to general legislation, and they shall be ized, with the understanding I have mentioned, deprived of the power of local legislation, it is a and should have conceived it to have been my matter of small consequence whether the legislator duty, to have voted against the entire section unless comes from one section of the State or another; the subject could have been divided. Mr. Chairman, whether the member of the Senate comes from the a word or two in regard to the amendment proposed eighth or first senatorial district; whether the by the gentleman from Albany [Mr. A. J. Parker]. member of the Assembly comes from Cattaraugus, I have heard, sir, no explanation in regard to that Clinton or New York, in each case he will legis- section. I was not in my seat at the time it was introlate for the people of the State at large, and not for duced in Committee of the Whole; but there is one any local constituency. That, sir, if it be true, objection to it which is sufficient to authorize me not will entirely do away with this entire idea of local only to oppose, but to vote against it. It renders constituency; there will be no longer any local it possible, nay, indeed, it renders it probable, constituency to be represented; the Legislature that the city of New York, as a senate district, will be confined to the enactment of general laws must be divided, and that a portion must be and prohibited from the passage of any special attached to adjacent territory. I have been at all laws, and the legislator will necessarily represent times opposed to a division of a county in the entire people and no particular section of the arranging senate districts. It is not possible State. The subject of dividing the State into dis-under the plan proposed by the amendment of the tricts in the early meetings of the committee was gentleman from Albany [Mr. A. J. Parker] to briefly but not much discussed. The committee provide a representation from the city of New at that time with much, if not entire, unanimity York without dividing it, and attaching a portion agreed that it was wise to devolve that duty upon of it to either the county of Kings, Westchester, the Legislature and not to assume it by the Con- or Richmond. That is one objection which vention. At a later period and within a few presents itself to me to the proposition of hours of the submission of their report the gentleman from Albany [Mr. A. J. Parker].

I have not heard any explanation of the details of is gravely proposed as a great measure to promote the amendment, but I can conceive a serious diffi- the interests of the State of New York, and to culty in carrying it into execution; which diffi- promote the interests of the republican party, that culty was well stated by the gentleman from we must so organize the senatorial districts Westchester [Mr. Greeley] in the course of his below the Highlands that no man of 35,000 repubremarks the other day on this subject; namely, licans in the city of New York, and of at least that it would inevitably lead to the defeat of the 25,000 republicans in the remainder of that terentire scheme by reason of the election in strong ritory, can ever be represented in his politics in democratic districts of the entire democratic the Senate of the State. I believe when a propoticket, and in the strong republican districts of the sition of that kind shall be carried down to the entire republican ticket. Until, therefore, I have republicans of that district of country, it will be heard something that may satisfy me that the found that the republicans of that region are not amendment is feasible, and that it can be carried so singular in their notions as to forget or ignore into execution so as to be effectual in all parts of what is due to them as a part of the republican the State, and leave the city of New York undivided family of the State, not so lost to the notion of in its territory, I shall oppose and vote against it. their own right of representation as to say "aye" Mr. M. I. TOWNSEND — Although I have to the bill of sale that sells them out for ever for spoken on the main question in this case, there is a fallacy. And, sir, this report of the committee, one consideration that presents itself to my mind if the whole of which is fairly under considerathat I think it my duty to present this Convention. tion, at the same time proposes to do nearly the I should vote for the proposition of the gentleman same thing with the assembly districts. from Albany [Mr. A. J. Parker], if we must have That region of country can send ordinarily about quadruple districts or treble districts, if there two republicans from Westchester and six from were any hope of the republican party in the city New York and some four from Kings, and yet of of New York being represented in the Senate of all that body of men- ten to twelve at leastthe State under the proposition of the gentleman not one is ever to come here in the future. The from Albany [Mr. A. J. Parker]. But it has been well men of that district are, by the majority in this said here that the democratic party in the city of Convention, to be bound hand and foot and cast New York is sufficiently strong to run two tickets out into utter darkness. But whether there shall and certainly secure the election of one of them be any weeping or gnashing of teeth, our friends over the entire vote the republican party could will determine when the proposition, if adopted, bring to the polls, so that the republicans of the comes down to the polls. I have seen something city of New York would have under that proposi- of politics in this State. I do not propose to tion no representative in the Senate. I propose forget the teachings of experience. I would not especially to present, through the chairman, to be a partisan here. I have advocated this matter my republican friends in this Convention, a con- because it is right, and not because of its partisan sideration which has not yet been presented, and aspects, and I have received some frowns for doing I do it the more anxiously because some of my so. I now want to show gentlemen they are republican friends in this Convention, of more doing very poor work, as partisans, in carrying .mature age and experience than myself, have come out a measure that is reactionary to the last to look with somewhat of distrust and dissatis- degree; and the majority of the world outside faction on the course I felt it my duty to pursue of this Convention will believe large districts in regard to single districts. In 1864, at the last were devised from mere distrust of popular govsenatorial election in this State, the republicans ernment, and some on the inside hold the same carried four of the eight senatorial districts below opinion. I rise, sir, simply for the purpose of the Highlands. They elected four Senators in presenting this consideration; and having presentthe territory which the committee has proposed to ed this consideration, I am entirely willing to consign to endless night. They have now in the leave the question. I have occupied my share Senate of the State one-half the representation of the time, but I felt it my duty to present that is proposed to be given directly and en masse this question, as this part of the State to the democratic party. And, sir, if there is did me the honor to give me their nobody else to speak for this region of the State, votes, and I felt it to be my duty to look as they did me the honor to give me their votes, I after their interests as well as the interests of the wish to protest against the arrangement of dis-other parts of the State.

tricts in such a manner as to forever settle the Mr. OPDYKE - As I am one of those who question, that no republican below the Highlands voted against the large districts, I do not can ever sit in the Senate of the State. I com- come under the censure of the gentleman from mend it to those gentlemen who wish so strongly Rensselaer [Mr. M. I. Townsend]. If I were one for party interest. I am not talking about a fal- of that class, I should say, in answer to him, lacy, I am not talking about a thing that is that according to my judgment I should best impossible. My democratic friend from Queens subserve the interests of the party to which I [Mr. S. Townsend] sits in this Convention by a belong by voting as I believe is best for the majority of only about one hundred in the first interests of the State. That is the only answer I senate district, and his colleagues by the same should make. But, sir, I rise for another purmajority. In one of the districts in New York, my pose. I have been an interested listener to this republican friend whom I see before me [Mr. Strat- debateton] secured his election to this Convention, and Mr. M. L. TOWNSEND-I would ask the genthose of the opposite party for the other three tleman a question, if he will allow me. Have 1 places in that district were barely elected. Now, it given any offense to that gentleman?

If we

́. Mr. OPDYKE—Not the slightest. I will say put in the minority. Without parties we could to the gentleman from Rensselaer [Mr. M. I. not have good government. So much for the Townsend] that I speak in all kindness, and with original plan of Mr. Hare. We have before us the kindliest feelings. I have been an interested not that plan, but the new plan of the gentleman listener to the discussion of the question now from Westchester [Mr. Greeley], and a somewhat before the committee, without any intention of different form of that plan proposed by the gentlejoining in that discussion, because I felt that the man from Albany [Mr. A. J. Parker]. I am willing little attention I had given it placed me in to concede that neither of these would utterly a condition in which I can better perform my destroy party organization, but I am entirely duty by receiving instruction than by attempting satisfied they would do much to destroy its effito impart it. But, sir, in the course of the dis- ciency, its vigilance and its usefulness. Another cussion there have been many views advanced objection is that they would transfer what power that have somewhat surprised me, and among remains to the people in the selection of others I must express some surprise at the per- their representatives, to the politicians. That sistent efforts which have been made to intro- power is in a great measure already taken duce into the Constitution of this State a new and from the mass of the people. As I said untried idea; and that is the representation of before, it is one of the inevitable and incidental minorities, a plan involved in the amendment evils of party organization. A nomination which now before the committee. That question and is made by the political organization itself, withthe question of large districts, which is necessarily out the consent of the mass of the people, is, in linked with it, are the questions now before very many instances, tantamount to an election. the committee. It is in relation to these, and more The plans proposed would make all nominations to explain the reasons which will govern my vote, tantamount to an election. What part would than in the hope of throwing further light on the the people have then in selecting their repreminds of others, that I desire to say a few words. sentatives, and what motive would remain to The representation of minorities is an idea started parties for vigilance, activity, watchfulness and in Great Britain very recently; it has not passed fidelity to the interests of the people? They through the ordeal or the crucible of scientific would rest supine under a conviction that they discussion; it has never been tried in practice would get a large portion of the power and even in the smallest degree, and it would seem emoluments of office without effort. But, sir, to me most unreasonable, most unwise, if not the unanswerable objection as it seems to me dangerous, to attempt to place it in the Constitu- is, that it is a proposition to take an idea tion of our State, where it must last for several which has never been tried in practice, and years at least, and perhaps for twenty. place it in the Constitution of the State. What is it, Mr. Chairman ? According to should attempt to do anything of the kind, all we the theory first started by Mr. Hare, and so warm- should do is to permit the Legislature to give ly indorsed by John Stuart Mill, its effect would that power in local elections, such as municipal be (and I have examined it carefully enough to or town elections, or something of that sort. I make that assertion with entire confidence) to have no doubt there may be merit in it, but destroy party organization. There are, perhaps, it remains for investigation and practice to detersome who believe that this would be a blessing. I mine that point. It is altogether too soon for us to am not of that class. I am aware that there are embody it in the fundamental law of the State. many evils incident to party organization. But I But, sir, I object to it for another reason, and it is hold them as necessary for securing a much greater this, that it necessitates the large territorial disgood. I believe, sir, that parties are essential to tricts. All the reasons that I have heard advanced the preservation of freedom. I believe that in favor of the large districts have failed to satisfy republican institutions would endure but a very me of their wisdom. I was very much surprised short time after their destruction. The principle yesterday to hear the eloquent gentleman from on which party organization is grounded is this: Onondaga [Mr. Andrews] pass the extraordinary It is to ignore differences of opinion on minor sub- eulogy he did upon what he termed the Albany jects and matters of detail for the sake of secur- regency. I agree with him entirely that the ing the success of more important measures. It is tendency of large districts is to place more only by that means that States can make progress. power in the hands of the central political power When one reform is securely accomplished, parties at the seat of government. I apprehend that that band together to secure another and another. gentleman referred, not to the regency of his own These are the steps by which we advance to a party, but to the regency of the democratic higher civilization. Without party organization party, which, when that party was in we could not secure them at all. That is one of power in this State, controlled its action the advantages of parties; and they have another and governed its policy. It belonged to a which is even greater. Without that vigilance and party for which I have no right to speak. watchfulness which is inherent in party, and which I will, however, say this, that in my judgment, it is absolutely essential to its success, we could not was infinitely superior to that central power which expect fidelity in the administration of the govern- has governed the party to which I belong. I cannot ment. We all know that when the party in power believe that the gentleman intended his eulogy swerves a single step from the right, the oppo- for the central political power of tho republican site party stands ready to take advantage of it. party, which has existed here ever since its organIt cannot depart even in a very trifling degree ization, and which has stretched its long arm to from the line of strict duty and fidelity to the the State conventions to control its nominations. interests of the public, without being ousted and and to the senate and assembly districts and

The question was then announced on the first part of the amendment of Mr. A. J. Parker, as follows:

The question was then announced on the second part of the amendment of Mr. A. J. Parker, as follows:

endeavored to control them, and, if failing in in the city of New York to elect every Senthat, when those elected have come up to this ator. city, getting them within its folds and moulding them to its base purposes here. If the gentleman can pass a eulogy on such a power as that, his experience must differ from mine. For one, SEC. 2. The Legislature for 1868 shall divide I am in favor of holding the representative the State into eight senate districts, to be numstrictly responsible to his constituents, and to bered from one to eight inclusive; each district bring him as near to them as possible. That to contain, as nearly as may be, an equal number is the way we shall secure fidelity. I was of inhabitants, excluding aliens. No county shall equally surprised to hear the gentleman from be divided except it shall contain a greater popuOntario [Mr. Folger] pleading for the independ-lation than is necessary for one senate district. ence of the representative, and for the quadruple The question was put on the division, and it system of representation in order to divide the was declared lost. responsibility. If there is any force in the argument, it struck me then, as I feel it must have struck the minds of almost every one who heard him, as an argument against rather than in favor of large districts. What we want is direct, immediate responsibility of the representative to his constituency. This thing called independence on the part of the representative, if it means anything, it means independence to do what the constituency does not desire, and what will not promote the public good. Whenever we see a representative becoming independent, it is with a view of promoting his own interest and not that of the public. For these reasons I voted last evening in favor of small districts; I am satisfied they are best, and for the reasons I have stated I shall feel constrained to vote against the proposition of the gentleman from Albany [Mr. A. J. Parker].

There shall be thirty-two Senators, four to be elected in each senate district. The term of office shall be four years, except that the Senators chosen at the first election, in the first, third, fifth and seventh districts shall hold their offices for two years only.

The question was then put on the second part as read, and it was declared lost.

The question was then announced on the third part as the amendment of Mr. A. J. Parker, as follows:

The first election shall take place at the general election in 1868, and no elector shall, either at the first or at any subsequent election, vote for more than three candidates.

Mr. A. J. PARKER-I have no right to be heard without the consent of the Convention, but I would like to answer a few of the objections made by the gentleman from Chenango [Mr. Prindle].

Mr. FOLGER-I object.

The question was then put on the last part of the amendment of Mr. A. J. Parker, and it was declared lost.

Mr. FLAGLER-I offer the following amendment: Insert after the following words: "The State shall be divided into thirty-two senatorial districts, each one of which shall choose one Senator," the following:

Mr. PRINDLE-I do not wish to make a speech, but I desire for two or three minutes to call the attention of the committee to that portion of the plan proposed by the gentleman from Albany [Mr. A. J. Parker], in which he proposes to give a representation to minorities. The gentleman from Westchester [Mr. Greeley], last evening stated that this plan would allow the majority in the city of New York to elect all the Senators sent from New York. He stated this was a mistake because it would require a majority of four-fifths in order to elect. Now, sir, suppose that here is a sentorial district in which there are twenty "And the term of office shall be four years. thousand votes (I take this small number, because The Legislature, at its first session after the adopit is convenient for my illustration). Suppose tion of this Constitution, shall make this division the majority have twelve thousand votes, the minority have eight thousand, and the majority make four sets of tickets. Suppose A, B, C and D, are the candidates proposed by the majority. They make one set of tickets upon which they place A, B and C, they make another set upon which they place B, C and D, and they make another set upon which they place C, D and A, and another on which they place D, A and B. "At the first election under said arrangement If they can distribute those votes equally among of districts, the Senators elected in districts havthe voters belonging to the party of the majority, ing odd numbers shall vacate their offices at the and they could easily do so by having men at the end of two years, and those elected in districts polls to distribute them equally, the twelve thou-having even numbers at the end of four years; sand majority in that senatorial district could cast and as vacancies occur by the expiration of term for each of their four Senators nine thousand they shall be filled by the election of Senators for votes apiece, more than the minority of eight the full term of four years." thousand could possibly cast for any one person; I have a single word of explanation to make in therefore, I say that the gentleman from West-regard to the change I propose in this substitute. chester [Mr. Greeley] was entirely correct when The proposition is to make the Senators elected, he stated that this plan would allow the majority one-half every two years instead of being elec

into thirty-two senate districts, which shall be numbered from one to thirty-two inclusive. Said districts shall be formed of contiguous territory, and, as near as may be of an equal number of inhabitants, excluding aliens; and no county shall be divided in the formation of a senate district except such as are equitably entitled to more than one Senator.