Mr. BURRILL The only difference between the amendment proposed by myself and the report of the committee, is to provide for a § 3. An enumeration of the inhabitants of the re-apportionment after the completion of the State shall be taken, under the direction of the Federal census in 1870. That census will be Legislature, in the year one thousand eight hun- taken under the direction of the United States dred and seventy-five, and at the end of every authorities, and of course without any expense ten years thereafter; and the said districts-ex- to the State, and it is fair to presume that the cept the first district-shall be so altered by the United States will take it fairly and equitably, Legislature at the first session after the return and will endeavor, as accurately as possible, to of every enumeration, that each district shall con- attain a correct enumeration of the entire inhabitain as near as may be an equal number of inhab-tants of this State. All my amendment calls for, is, itants who are citizens of the State, and shall re- that after the Federal census shall be taken, a new main unaltered until the return of another enu- apportionment shall be made on the basis of that meration, and shall consist of contiguous territo- census; and then a direction that the Legislature ry. No county shall be divided in the formation shall order a census in 1875, and each ten years of a senate district. thereafter; and after such State census, an appoṛtionment shall be had on the basis of that census, so that the districts may contain, as nearly

as may be, an equal number of inhabitants, Mr. CHESEBRO-What I desired by my except aliens; and then it provides that no county amendment originally was to raise the question, shall be divided, other than those who are entitled which has been somewhat mooted both in comto at least three Senators. I think that enough mittee and in this Convention, as to what constihas been said here to show that the census of tutes a citizen. I supposed from the re1865 was inaccurate, and that after the United port made here that the design was to States census of 1870, an apportionment should go back to the Constitution of 1777, but be made on the basis of that census. it seems I was misled by some remarks made Mr. PARKER-I desire to ask the gentleman by the gentleman from St. Lawrence [Mr. a question, if it has occurred to him, what would be the condition of things under his amendment, if the United States government should not order a census in 1870?

Mr. BURRILL-It is fair to presume that as it has heretofore ordered them, it will do so again; if it does not, then that portion of the Constitution will become nugatory, and we shall remain exactly as we are now until the State census of 1875.

Merritt], and I have nothing further to say upon that point. I will state the reason I desire to make this amendment. As I understand, after an examination, the definition given by the lexicographers and the best dictionaries in the law library, the word "citizen" means elector, and that as such elector, a person has a right to vote; and I was surprised to find in this section this language used, which would take us back to 1777.

Mr. OPDYKE-I move that the committee do Mr. MERRITT The language was inadvernow rise, report progress, and ask leave to sit tently used; the idea was that all were citizens, again. although they might not be voters. I am very The question was put on the motion of Mr. Op-willing to strike out that part of it. dyke, and it was declared lost, on a division, by a vote of 21 to 66.

Mr CHESEBRO It brings it down to this point, as to whether any representation shall be Mr. CHESEBRO-I had prepared an amend- based upon all the inhabitants of the State, or ment somewhat similar to that of my friend from whether it shall be based upon the inhabitants, New York [Mr. Burrill], and I am in favor of his excluding aliens. I am opposed to excluding any amendment, as I presume he would have been of person who is governed by the laws of the State mine if I had first proposed my amendment. My from the ratio of representation. This committee amendment would have included the further pro-and the Convention have stricken out from the vision to strike out the words in line eight, "who Constitution of 1846 one class of citizens by are citizens of the State," leaving the section as elevating them into citizenship, who were formerly it was left in the Constitution of 1846 and the excluded from the ratio of representation, that Constitution of 1821-that is, it raises the ques- is, the class of persons of color who were tion as to whether or not the language "citizens not taxed; they have included them by of the State" means electors of the State, or raising them into citizens. I say it is unjust and whether it means inhabitants of the State. I unfair to exclude from the ratio of representation was induced to look at this question for the rea- that class of citizens known as aliens. I believe son that I saw the committee, in reporting this this to be the true principle of government that article, had changed the phraseology from that the ratio of representation should be based upon which was in the Constitution of 1846 and the all the inhabitants who are governed by the laws Constitution of 1821, and had gone back to what passed by the Legislature elected on that ratio is in effect, the Constitution of 1777. As under- of representation. I believe that should be the stood by the committee, the Constitution of principle adopted in this Constitution. They are 1777 provided the ratio of representation should taxed, they are required to perform the duties of be based upon electors of the State. The all citizens and of all persons, yet they are not Constitution of 1821 provided that the ratio included in the ratio of representation. Now, of representation should be based upon the there is no good end attained by this discriminainhabitants of the State. The Constitution tion. Instead of taking out one class I say take of 1846 varied the language of the Consti- in the whole. tution of 1821, and provided that representation

Mr. BARKER-I only desire to make one should be based upon the inhabitants of the State, explanation. This expression which is different excluding aliens and persons of color not taxed. from the language now used in the same section Mr. MERRITT—If the gentleman will allow of the same chapter of the Constitution of 1846, me a moment, I am willing to accept his amendment to strike out the words "citizens of the State," if I can insert after the word "State" the words "excluding aliens."

Mr. CHESEBRO-That is my amendment. If the gentleman wishes to speak on my amendment I have no objections.

The question was then put on the amendment of Mr. Burrill, and it was declared lost.

Mr. CHESEBRO - My amendment is simply to strike out the the words "citizens of the State," but not to insert the words "excluding aliens."

Mr. MERRITT-I cannot accept it in that way

was not changed with a design to change the rule. The expression should, in my judgment, incorporate the language of the present Constitution, so that it should read "to contain as near as may be, an equal number of inhabitants of the State, excluding aliens." Hence, if we strike out the words "who are citizens of the State" and insert "inhabitants of the State, excluding aliens," then we will get the exact language that is in the present Constitution, and will exclude aliens from representation.

Mr. COMSTOCK-As I understand it, if the amendment of the gentleman from Ontario [Mr. Chesebro] prevails, the basis of the representation of this State will be the inhabitants of the State.

Mr. T. W. DWIGHT They are not excluded. Mr. HARDENBURGH-They certainly are. SEVERAL DELEGATES-If they are not aliens, they are not.

Certainly not, if they

In other words the population pure and simple, ex- | committee intended to give, as being those sojourncluding no class of people. I am in favor of that ing in the country, who are really foreign citizens), amendment. If that proposition prevails, the rule which is, that every single child who is born of of representation in the State of New York will those aliens who sojourn in the land is a native conform to that of every State in the Union, ex-born citizen, and declared by the law of this State cept one, and will conform also to the Constitu- to be such, every one of them. The first breath tion of the United States. We all know that the they draw makes them a citizen of this State, rule of representation in the Constitution of the and of course an inhabitant of this State. I refer United States was "all free persons and three- to the case of Monroe, reported in Barbour, 25 fifths of all other persons," which meant slaves. or 26, where the question was up before the Since slavery is abolished the rule of representa- Supreme Court of this State, where it is declared tion, as now fixed, is the population of the United that every single child born of a sojourner here, States pure and simple, excluding no class of peo- although he be an alien, is a citizen of the State. ple, unless it be Indians who are not part of our na-How many are there now? tionality. I have looked over the Constitution of the States and find that the State of Maine is the only State whose representation is based upon the citizen population, excluding aliens. The greater number of States have adopted the population, or all the inhabitants of the State. Several adopt the white population; but not one of them except the State I have mentioned adopts the represent ation which is now proposed for the State of New York, although I admit it has been the rule in this State since 1862. I think myself we had better conform to that rule which prevails generally in this country. I am not convinced that there is any reason for excluding aliens from the basis of representation-they have all the rights and immunities of citizens, except the political privilege of exercising the elective franchise. very large portion of them have declared their intention to become citizens of the United States. They are authorized by our laws to hold real property. Without statute laws, but by the common law they are possessed of personal property; they are taxed; they are elements of wealth and power and of progress; they are thoroughly in-fact left out a portion of our population who are corporated into the society of the State. I am not convinced of any reason for excluding them from the basis of representation. I am, therefore in favor of the amendment of the gentleman from Ontario [Mr. Chesebro].

Mr. HARDENBURGH· are not aliens, but it is to the children of aliens born on our soil that I refer. They are not included although citizens. I cannot comprehend what gentlemen mean by this particular construction. The point I wish to make is, that the committee, in making this report, have included 45,000 negroes, and have excluded in their estimate, by which they make up their ratio, over 125,000 white children of alien citizens, who are citizens. That I say is the fair purport and meaning of that report. That is, in fact, what you have done in this A report; you have added to, and included in it, this negro population of the State, and have actually excluded those who are white inhabitants and citizens of the State, children of aliens, but children born on the soil. I submit, therefore, that the committee, in getting the average from which they have obtained their ratio, have in really inhabitants and citizens of the State.

Mr. HARDENBURGH-I desire to say a single word in respect to the amendment now offered by the gentleman from Ontario [Mr. Chesebro]. It simply seeks to strike out of this report in the third section the words "who are citizens of the State."

Mr. MERRITT-I accepted that striking out of the words, and wished to insert other words. Mr. CHESEBRO-I supposed the gentleman did not accept it, without a modification.

Mr. CONGER-When I addressed you the other night I stated at the outset, and in very clear terms, the grounds of my objections to the scheme of the committee, to be principally to the basis of their report, and to the mode of distribution of senate districts proposed by them. The remarks I then made were either misapprehended or they were taken unnecessarily as a ground of offense, by two gentlemen of the committee. One of them, who complained of the remarks submitted by myself and by the gentleman from Richmond [Mr. E. Brooks] representing those two counties beginning with "R," which, in his mind's eye, appear intent to rasp" and "rack" and Mr. HARDENBURGH-I desire to call the at- "ruin" the structural contrivances of the comtention of the chairman of the committee that mittee, censured us very severely for the remarks reported this article, to the fact that while the used, which he supposed to be personal, and committee has taken the census as reported here charged that we designed to attack the report in our Manual, they have added to it that class unfairly. The honorable gentleman from Ulster of people who have been enfranchised-if I may [Mr. Cooke], like one who had rubbed his eyes use the term-by this Convention. I understand after waking, came in with the declaration that if they have incorporated into this figure which they he had thought of it sooner he would have done use, as the ratio of representation, the negro popu- it better and then offered in his place before he lation that has been now enfranchised, amounting sat down to make a better and more equitable to about 45,000. What I desire also to call apportionment as between the first three districts. attention to, is the very singular fact which Could any attack upon the report be more ominous seems to have been lost sight of, by than this? Now, sir, when I made the remarks every gentleman who has addressed the alluded to, which were necessarily compressed, committee (leaving out of view for the moment and within the limits of a twenty minutes speech, the definition of aliens, which I understand this glancing as I did over so large an amount of sta

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 is 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 wo 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 goverument, and let us base our future representation on inhabit. ancy, without any restriction whatever.

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.

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 Constitutious, which, more-of inhabitancy and 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 influenced the framers of those Constitutions; and I could have shown 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 Kotzta, who was no more a citizen, as the getle-insert the words "excluding aliens." man from Chautauqua would say, than this, that he Mr. MERRITT-I accept that amendment. had only declared his intention of becoming such. Mr. MASTEN-I offer the following amendBut to pass on, if the doctrine established in the ment: after the word "aliens," insert "who have State of New York, which has been so clearly not declared pursuant to law their intentions to bepointed out by my honorable associate from On- come citizens of the United States." ondaga [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 girls in our families? And if these, does he believe that they have the animus revertendi or that their allegiance to foreign powers unrenounced is

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.

State,"

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 of Mr. E. Brooks, and it was declared lost, on a division, by a vote of 23 to 58.

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.

Whereupon the committee rose, and the Presi-ing until a week from next Tuesday morning. dent resumed the Chair in Convention.