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the object effected by the present regula
tion ? He thought not ; property was not
now represented in the S. time to the ex-!
tent it was erroneously supposed to be. To
represent individual property, it would be 1
necessary that each indhidu.d should have
a number ot votes in some degree nt least,
in proportion to the amount of his proper-'
ty ; this was the manner in which property
was represented, in various corporations'
and in monied institutions. Suppose in n ■
ny sucn institution one man had one Inin-;
deed shares, another one share, could you
gravely tell the man who held one hundred
shares, that his property was represented in
the direction, it their votes were equal.
To say that because a man worth millions,
ns is the case oi one in this committee, has
one vote, an I another citizen worth only
two hundred and fii'ev dollars in real estate,
bnsone vote for Senators, that therefore their
property is equally represented in the Sen-;
is, to say the least, speaking very incur- '
r ctly 5 it is literally substituting a shadow !
for arealily ; and though the case he had
stated byway ot illustration, would not be
a common one, still tlu> disparity which
p -rvaded the w hole community, was s.ifli
ciently great to render Lis argument cor- j
rect.
“ If to this it was answered, ns it had 1
been by the gentleman from Albany, (Mr.;
an V eehten,) that the amount was ;iot ma
terial ; that the idea ol their representing
freeholders would be stitucient ; Ids rrplx
w .s, that this purpose was already effected
by the ennstittuimi ;s it stands. It now
p' wdes that the Senators shall be freeliol
ders ; and that part of the constitution it
was not proposed to alter. There was no
ooi 'ction to living the amount of the free
hold required in the elected, and to place it,
on i respectable, but not extravagant foot
ing. It, therefore, an ideal representation i
oi property was of any value, that object
was fully obtained without the amendment,
irut t.:e preservation ol indivi Innl property,
is not the great object oflmvitjg it represen
ted in the Senate.
“When the people of this State shall
have so far degenerated ; when the princi
ples of order or of good government which
tm.v characterize onr people, a» | afford se
curity tootir institutions, shall have so far
given way to those of anarchy mid violence,
as to lea-1 to an attack on private property,
or an agrarian law ; tn which allusion Imd
been made by the gentleman from Albany,
t'dr. K nt.) or by an attempt to throw all :
the public burthens on any particular class j
ofm.cn; then all constitutional provisions!
will be idle and unavailing, because they
”id h.av a lost all their force and influence.
In answer to the apprehension so frequently
expre ,j 1, that unless this amendment pre
vails die re is nothing to prevent ail the
taxes being I lid on the real estate, it is only
necc>s »ry to state, t.jit there is no tn Dre in
the consui.iion of the United States, than
there will be in ours, if the amendment fails,
i » prevent ad the 'revenues of the Union
fr m being raised by direct taxation. And
w s sa. h a f,.. ar ever entertained f r the
G neral Government ? How is it possible
for gentlemen to suppose, that in a consti
tutional regulation, under which all the!
Slates are enjoying the most ample securi
ty for property, an individual State would)
be exposed to danger. * * *
“ The representation, then, of property
in the Senate, under the existing constitu
tion, war, he said, as it respected individual
estates, wholly delusive, and as it respected
the interest of property in the different sec
tions ol the state so flagrantly unequal as to
destroy practical advantage to properly I
from a representation of it, ami not only
so, but made it inlii'itely worse than if pro
perty was not professed to be represented at
all. ‘ ’ ♦
“ Am! w hat, he enquired, had been its ‘
practical ch ugs? had diey been such as tot
aftord any ad iitional security to property ? '
had the members of the Senate, for year
[rn.-l, been more respectable fr talent., or
integrity . had they shewn a greater regard ■
lor property .’? had they been more vigilant ,
in -. rirdi.ig the public treasury than the as
sembly.
. ‘ I’he Senate, he sai l, was the only le
gislative hotly in which lie had ever had the
fit nor of a seat:; and he had been there
from a very early a ;e—almost all his polit
ical connexions bad been with that body
his earliest political recollections were asso
ciated with its proceedings, and he had had,
* n 1,1 ‘ ts Proceeding, as much cause
for individual gratification' as could well,
under the same circumstances, fall to the
lit of any mm; notwithstanding which,
and also the str mg partiality he had always 1
felt lor that body, he could not sav, that in
the many years he was there, the s. ntiment)
occiiiTu | to him, that such was the I
rase. G.i the contrary, a regard to truth
ron trained him to say, that every tiling,
wiii-h regarded the imposition of public
burdens, and the disposition of public pro
p rty, were more closely looked into, am!
mor - severely scrutiuized by the Assembly
t ian the Senate. The sense of immediate
responsibility to tin- people, produced more
effect on the Assembly, than the considera
tion, tint th -y represented those, who were
supposed principally to bear the burdens,
did in the St nate ; and such, he conscien
tiondy believed, would always be the case.
He asked the members of the committee,
whether tiny believed, that there had been
a mom nt for the last forty years, when a
proposition in die Assembly to make an
tin,mt di aiiiclion between real and personal
proper';.", in the imposition of public bur
'■ei , would not have been hooted out of
• mt body, it any one had been found mad
>ug>i to have dared its introduction ?
ny, then, he asked, alarm ourselves by
f-.irs ;>r tin* future, which the experience of
... P a ,. 1 ‘ -'inmigrated to be erroneous?
' <IV < l‘' ir< ’~ard the admonitions of e.xperi
' ’ t > pur.ue the dubious path of speed-
Jcttioij nihi theory ?
, 111 I >■! übt. but the honorable gen-
’-f m i who had spoken in favor of th.- a
m ndment, had su ff t;l -ed from the fearful
fne.rmmgs which they had expressed.
Th.n ever to be revered band of patriots
who made our constitution, entertained j
th m also, and therefore they engrafted in
it th." c.ai'se which is now contended for
But a full and perfect experience has pro- :
ved the fallacy of their speculation, ami
they were now called upon again to adopt
the exploded notion ; andon that ground,
to di,franchise, if not a majority, nearly -a i
wioiety, of our citizens. lie gnidlie was an
unbeliever in the speculations and mere the- )
ories on the sidi;e< t of government, of the I
best and the wisest men, when unsupported
d>y, and especially w hen opposed to, expe
dience. Ile believed with a sensible, and
elegant, and modern writer, ‘that constitu
tions are the work of time, not the inven
' lion of ingenuity : and that to frame a com
i plete system of government, depending on '
habitsof reverence and experience, was an
: attempt as absurd as to build a tree, or man
| uiacture tin opinion.’
“ A’.lou; observation, he said, united to
Justify this assertion—when they looked at
the proceedings ol the convention which a
dopted tite constitution ofthe United States,
they could not fail to be struck by the ex
travagance, and, r.s experience had proved,
i the futility oi the fetus and hopes that were
entertained ami expressed, from the differ
ent provisions of that constitution, bv the
i members. The venerable and enlightened
1 Franklin, had no hope if the President had
I the qualified negative, that it would be pos
sible to keep him honest ; that the exten
sive power o! objecting to laws, w ould inev
itably lead to the bestowment of douceurs
to nrevent the exercise of the power ; and
i many, very many of the members, believed
: that the General Government, framed ..s it
1 was, would, in a few years, prostrate the
1 <tate governments. While, on the other
I hand, the lamented Hamilton, Mr. Madison,
i and others, distressed themselves with the
■ apprehension, that unless they could infuse
; more vigor into the constitution they were
about to adopt, the work of their hands
! cotijd not be expected to survive its framers.
I'.xperiijnce, the only unerring limchstone,
had proved tite fallacy of all titose specuia
i Oons, as it had also those of the framers of
j our state constitution, in the particular now
; under consideration; and having I.er r<-
j cords iiefore them, he was for being govern-
■ed bv them. * * *
“If, then, it was true that the present
j representation of property in the Senate
| was ideal, and purely ideal, did not, con
i tinned Jir. \ . l>. sound policy dictate an
! abandonment of it, by the possessors ofpro
| perty ? He thought it did ; he tbonght so
| because he held it to be at all times, and
under ail circumstances, and for ail inter
i e«ts, unwise to struggle against the wishes
oi any portion of the people—to subject
■ yourselves to a wanton exposure to public
prejudice, to struggle for -an object, which,!
■if attained, was of no avail. He thought
! so, because the retaining of this qualifica
tion in tite present state oi public opinion,
! would have a tendency to excite jealousy in
j the minds of those who had no freehold pro
perty, and because, more mischief was to
be apprehended from that source than any
j other. !• was calculated to excite that pre
' jmiice because not requiring sufficient to
! e.hert the object in view, it, in the language i
1 of Dr. Franklin, ‘ exhibited liberty in dis- '
< grace, by bringing it in competition with!
( accident and insignificance.’
j “ But, said Mr. V . J 3. we have been :c-|
ferred to the opinions of General Hamilton,'
: ns expressed in bis Writings tn favor of the
Constitution of the United States, as snp-
I porting this amendment. He should not
. detain the committee by adding any thing)
■ to what had been said of his great worth,:
, and splendid talents. He would omit it, be !
cause be could not add to the encomiums
which bad been delivered on tiiis floor, on :
on h;s life and character. The tribute to
departed worth has been justly paid by the
iio.iorable gentlemen from Albany and Or
ange, (Messrs. Spenc»r mid Duer.) But
there was nothing in the Federalist to sup- j
port the amendment. Without troubling:
the committee by reading the number which
had been refered to, it would l.e sufficient!
for him to say, that it could not be supposed,!
that the distinguished men who had done a
lasting benefit to their country; and had
earned for themselvs the highest honors by
the work in question, could have urged the )
propriety, of a property representation, in !
one branch ofthe Legislature, in favor of ti
constitution, wl.i h contained no such pro-;
v ision. They had not done so.
“We were, said Mr. V. B. next referred ■
by tiie honorable mover of the amendment, j
to the opinion of ?.Ir. Jefferson, as expressed
in his Notes on \ irgtuia. In making that
reference, the honorable gentleman had
done himself credit ; and had rendered bitt
justice to the merits ofthe distinguished in
dividual, whose opinion he had sought to
enlist on his side. He had trulj said, that
now, w hen the strong party feelings which
attended the public measures in which Mr.
Jefferson was an actor, had in some degree
subsided, most men united in the acknowl
edgement of his deserts. That sentiment,
l however, it appeared, was not general, since
i the gentleman from Columbia, (Mr. E.
j Williams) distinctly avows, the retention of
his old prejudice. Whilst that gentleman
I was trumpet-tongued, in denouncing the
impropriety of indulgence, in party feelings
by others, be had given them the strongest!
reasons to believe, that bis own were immor
tal ; that they had not only sm vived the‘ era
ol good feelings,’ through which we had
I passed, but were likely to continue. But
i that notwithstanding, he still thought of Mr.
Jefferson, as he always h-.-d done, lie would
i condescend to use him for the occasion,
i Sir, said Mr. V. B. it is grating to one’s
feelings, to hear a man, who had done Ins
( country the greatest service, and who at this
j moment occupies more space in the public
mind, than any other private citizens in the
j world, thus spoken of. But no more ofl
I this.
j “Mr. Jefferson did complain, in 1781, ofl
the constitution of Virginia, because the!
two branches ol their L<-«i-dature w--re not
sufficiently dissimilar, but he did not point
j out ths mode in w hich he thought that ob
ject could be best effected.
I “In 1783, when, as he had before stated,
a convention was expected in Virginia, he
! prepared a form of government to be sub
i milted to the people, in which he provided
the same qualification for both branches,
' and shewed clearly, either that bis opinion
' had undergone a change on the subject,
! or that he supposed the object would be ef
| fecled by the difference of their term ofser
vice, and the district they represented.
“The next consideration which bad been
pressed upon the committee by the Imnora
ble mover of the amendment, w.-s, the ap
; prehension that the persons employed in the
manufactories which now were, or which,
: in the progress of lime, might be established
! amongst us, would be influenced by their
j employers. So far as it respected the ques
tion before the committee, said Mr. V. 15.
it was a suliicient answer to the argument,
that if they were so influenced, they would
be enlisted on the same side, which it was
the object of the amendment to promote, on
the side of property. If not —if they wi re
independent of the influence of their em
ployers, they would be safe depositories of
the right. For no man surely, would con
tend that they should be deprived of the right
of voting on account of their poverty, ex
cept so far ns it might be supposed to im
pair their indeperidenc, and the conseqmnt
purity of the exercise of that invaluable
right.
“ The honorable gentleman from Albanv,
(Mr. Specnetj had next directed theiratten
li >n to the borough elections i:« England, as
evidence of the consequences which might
be expected from the non-adoption of his
amendment. Mr. V. B. said he could not,
in his view ofthe subject, on the must ma
ture reflection, have selected an argument
better calculated to prove the amendment
to be unwise and improper, than this one,
on whii h the gentleman mainly relied for
its support. What, sir, said he, was the
cause ofthe corruptions which confessedly
prevail in that portion of the representation
in the parliament of Great Br-tain ? Was
it the lowness of the qualifications of the
electors, in comparison with the residue of
the country ? No. In many of the bo
roughs a freehold qualification was requi
red ; in most, that they should be burgage
holders; and in all, that they should be free
men, paying scot and lot. Compare, said
Mr. V. B. these qualifications with those
required in W estminster, and it will be found
that the lowest ol the former are equal to the
latter. It could not be necessary for him
to say, that it (he will o( the people prevail
ed in any election in England—if patriotism
and public spirit was sure to find its appro
priate reward any where in that country, it
was at the Westminster elections. The
qualifications of the electors, therefore, was
not the cause, except it was in some instances
where the election was confined to a very
few, as for instance, to the .Mayor and com
mon Council of a borough. But 1 will tell
yoii, sir, said Mr. V. B. what is the cause
—it is because the representation in ques
tion, is a representation of tilings, and not
oi men—it is because that it is attached to
territory, to a village or town, without re
gard to the population ; ns by the amend
ment under consideration, it is attempted
I'.e're to be attached to territory, and territo
ry only. Suppose, for a moment, that the
principles on which the report ofthe select
committee is based, and which the amend
ment opposes, should be applied to to r p
resentation in the parliament of Great Brit
ain—that instead of her present represen
tation, it should be apportioned among all
their subjects who contribute to the public
burthens? \\ ouldyou hearanvcomplaints
in that county on the subject of their rotten
boroughs. - ' No, sir; but untie contrarv,
that reform in parliament would be at once
ontained, for which the (riends of reform in
tiiat devoted country have so long conten
ded, and which they probably never will
obtain, except, (to use the language of the
gentleman from .Albany) at the point ofthe
bayonet. He could not, therefore, but
think that tite illustration resorted to, by the
honorable mover of the amendment, was
most unfortunate in his argument, nor
ought he to withwld his thanks for the sug
gestion.
“ There were, continued ’dr. V. E. many,
very many, considerations, besides those he
had noticed, which could, with propriety
and prefit, be urged on this occasion, to
f.‘, icw i l,i P lu t n * e fy the amendment.
There wcreseveral which it was his inten
tion at first to urge. He had designed too,
to notice some of the remarks which fell
from the gentleman from Columbia, Mr.
Williams,) but as he was not certain that
what lie should say, would produce that
state ol feeling necessary on so interesting
a subject, he would omit it. Tiie time
which be had already occupied—the very
llatter’mg attention with which the com
mute had listened to him, an attention de
iniiiidingand receiving his utmost gratitude,
induced him to forbear from trespassing fur
mi their patience. Ihe great importance,
theretore, cd having various interests, va
i ions talents, and men oi various pursuits,
in the Senate, to secure a due attention to,
and perfect understanding of, the various
concerns to which legislation might be ap
plied in this state, the origin of the free!.old
requisition in England and here, together
with the reasons why that distinction, though
proper at the lime of the adoption of our
eoiistiuiliou, had almost entirely ceased to
be wise or just: and also the cause which
must inevitably l ender it in a short time, in
our country at least, very unnecessary ;,tid
ineffectual, together with topics like those,
he would leaveto the very judicious remarks
which had already been made, and to such
as might hereafter be made by others.
_ “ It be could possibly believe, added Mr.
V. B. that any portion of the calamitous
consequences could result from the rejection
ofthe amendment, which has been so feel
ingly portrayed by the honorable gentleman
from Albany, (Mr. Kent,) and for whom be
would repeat the acknowledgement of his
respect and regard, lie would be the last
ma tiu society who would vote for it. But,
believeing, as he conscientiously did, that
that those fears were altogether unfounded ;
hoping and expecting that the happiest re
sults would follow from the abolition of the
freehold qualification, and hoping too, that
caution and circumspection would preside
ove the settlement of the general r’udits of
suffrage, which was hereafter to be made,
and knowing, besides, that this state, in
abolishing the freehold qualifications, would
but be uniting hersely in the march of prin
ciple, which had already prevailed in every
state olihe Union, except two or three in
cluding the royal charter of Rhode-lslaud,
he would cheerfully record his vole against
the amendment.”*
The restriction proposed by Judge Spen
cer was rejected. 'Die qulifications requir
ed in the report of the committee, besides
temporary residence, were, as lias already
been stated paying taxes or doing military
duty, or Working on the highways. Mr.
Van Buren was in favor of adding to the
latter alternative, the further restrielion of
being a kouse-holdtr. He expressed his
fears that the extension contemplated by
some of the amendments proposed, would
not be sanctioned by the public approbation,
* Debates iu the New York Convention. i
pag. 465*
THE STANDARD OF UNION.
and would occasion the rejection of the
whole by the people, hi this connection
Mr. \ an Ixtren iciuarked, on another oc
casion, “ that were the hare naked question
of universal stiflrage put to the committee”
i (of the whole) “ lie did not believe there
were twenty members who would vote for
it. He added ; “ One word on the main
question before the committee. We had
already r<“a< heil the verge of universal snf
liage. Ilu re was but one step beyond.
And are gentlemen prepare! to take step ?
We were cheapening this invaluable right,
lie was disposed to go as far as any man,
in the extension of rational liberty ; but he
could not consent to undervalue this pre
cious privilege so tar as to confer it, with
■in indiscriminatitig hand, upon every one,
black or white, who would be kind enough
tocondece#d to accept it.”*
At other times, lie expressed his fears
that some of tne amendments were intemied
to go “ so liras to have all the amendments )
rtjected by the people; thus they were)
hazarding overy thing by going such lengths
and that tlje people would never sanction i
11.”+ His views, however, are more fully !
and accurately expressed in the following)
remarks, offered while the report was still
i under consideration.
“ Mr. \ m Buren said that as the vote I
i he should now give on what was called the ;
! highway qr.alification, would be different
. from vv hat it had been on a former occasion
| lie fi'it it a duty to make a brief explanation
10l the motives which governed him. The
qualifications reported ny the first com
! mittee were of three kinds, viz : the pay
i ment of a money tux, the performance of
i military duty, and working on the high
way. The two former bad met with his
decided approbation ; to the latter lie wish
ed to add the additional qualification, that
the elector should, ifhe paid no tax, per
. formed no militia duty, but offered his vote
on the sole ground that be had labored on
j the highways, also be a house-holder ; and
that was (he oijly point which he hail dis
, seated, from the report ofthe committee.—
, To effect this object, he supported a motion
i made by a gentleman from Dutchess, to
j strike out file highway qualification, w ith a
view of adding ‘house-luddei That mo
: (ion, alter full discussion, had prevailed by
la majority of twenty. But what was the !
; consequence ? The very next day, the 1
) same gentleman who thought the highway ;
■ tax 100 liberal a quidlificaiion, voted that ■
' every person of twenty-one years of age, !
: having a certain term of residence, and ex- j
) eluding actual paupers, should be permit-)
ted to vote for any officer in the govern-
I ment from the highest to the lowest—far !
i oiitvieing, in this particular, the other states I
( in the Union, and vergingfrom the extreme )
of restricted, to that of universal suffrage. !
! The Convention, sensible of the very great)
[ stride which had been taken by the last!
! vote, the next morning refered the whole )
, matter to a select committee, of thirteen
. whose report was now under consideration.
'I hat committee, titongh composed of gen
> tiemen, a large majority of whom had voted
■ for the proposition for universal suffrage
j had now recommended a r iddle course, viz.
) the payment of a money tax, or labor on !
! the highway, excluding militia service, I
| which had however been very properly re- !
: instated. The question then recurred ; !
’! shall an attempt be again made to add that j
i ol house-hokler, to tiie highway qualification I
and run the hazard of the re-introduction
ofthe proposition of the gentleman from
Washington, abandoning ail qirnliilicatious
and throw ing open the ballot boxes to everv
body—demolishing at one Mow, the dis
tinctive character oljan elector, the proudest
and most invaluable attribute of freeman r
“Air. Van Buren said he had on the mo
tion ofthe gentleman from Columbia, this
day hinted at the numerous objt cliotis w hich
he had, to the pr- position which the other
day phssed the Convention, in regard to
(lie right of suffrage : objections which he
intended to make, bad the committee re- !
ported in favor of that vote. ; and by which j
when fully urged, he knew that he would be I
able to convince every membi rof this com-1
mittee ofthe dangerous and alaiming ten
dency of tiiat precipitate and unexpected
prostration of all qulifications. At this mo
ment, he would only say that among the
many evils which would flow from a whoilv
unrestricted stiflrage, the follow ing would be
(be most injurious, viz :
“ First. It would give to the city of New
York about twenty-five thousand votes;
whilst under the liberal extension of the
right on the choice of delegates of this Con
vention, she had but about thirteen or four
teen thousand. That the character ofthe
increased number of votes would render I
their elections rather a curse than a bles
sing : which would drive from the polls all
sober minded people ; and such, be was
happy to find, was the united opinion, or
nearly so, of the delegation from that city.
“ Secondly, It would not only be injuri
ous to them but that injury would work an
equally great one to the western and north
ern parts of the state. Il was the present
consolation of our hardy sons ofthe west,
that for their toils and their sufferings in
reducing the wilderness to cultivation, they
were cheerd by the conviction, not only that
they would be secure in the enjoyment of
tneir dear bought improvements, in conse
quence of their representation in the Legis
lature, but that any incre tse of that repre
sentation gave them a still greater influence
there. That as far as it respected this state
their march and the mars h of empire kept
peace. This arose from the circumstance
ofthe representation in the state being foun
ded on the number of electors : and be
cause almost everv man in a new country I
was an elector, under theexisting and con
templated qualifications : whilst in the old)
counties, and especially in cities, there were j
great numbers who would not be embraced •
by them. So great was this effect, that the j
city ol New York alone would, under the j
vole of the other day, have become entitled !
to additional voters, over those who Voted !
at tiie election of delegates, espial or nearly )
so, to the whole number of votes oi Ontario i
or Gennesec. The direct consequence of)
which wotdsJ he that, the additional repre
sentation of fourteen member;., w hich sire
next year to be distributed among the coun
ties would, instead of going principally to
the west, he surrendered to the worst popu
lation ofthe old counties and cities.
* Deleit.es in the New York Csmvcn ion,
pag. 277.
t lb. [>p. 275—281.
“And thirdly. The door would have
been entirely closed against retreat, what
ever might be our alter cont iction, founded
on exprience, as to the evil tendency of this
extended suffrage.
“ The just equilibrium between the
rights of those who have, and those who
have no inteie t in the government, could,
when once thus surrendered, never be re
gainesl, ex, ept by the sword. But, accor
ding to the present report, if experience
should point out dangers, from the very
extensive qualification, we were to establish,
the Legislature might relite against the
evii by curtailing the objects of taxation.—
By the establishment of turnpikes the ma
king ol canals ,and the general improve
ments ofthe country, the highway tax would
naturally be lessened, and might, if the
Legislature thought proper he hereafter
confined to property, instead of imposing it
as they now do, on adult male citizens.—
) For. one hundred years at least, this
i would afford a sufficient protection a
gainst the evils which were apprehended.
; He would therefore notw liistanding his desire
. to have the qualification ofhouse-holler ad
j ded to the electors of the third description
remain unchanged accept the report ofthe
! committee as it was, w ith the addition of
I the military qualification,w liieh be thought
\ ought to be adopted, for the sake of princi
ple, if for no other reason.
“ He thought the committee, constituted
as they were, had done themselves great
credit by their concession to the opinion of
those from whom they differed, and he,
for one, returned them his sincere thanks’.
‘ Under all circumstances, he would be well
satisfied with the right of suffrage, as it will
' now be established, and would give it. his
zealous support, as cell in his capacity of
delegate, ns that of citizen.’*
i lie provision was finally adopted as originally
reported by die committee, on this point. Mr
Van Buren concurred in this course v, hich extend
ed the privilege to all who paid any tax, or did
limitary duty, or worked on the highways; thou'di
as we have seen, he would have preferred an ad
dition to the last qualification, requiring the c andi
date in case he possessed neither oftheother qual
-1 locations, to be a house-holder. lie expressed his
' strong wish to conform to what he believed to be
tiie opinion ofthe people, ami his chief fears seem
t> have been that the great departure from the
lurmer freehold qualification, would hazard the
i adoption of the w hole amendment.
nis own sentiments, together with that of the
people at largo, however, appear to have under-
I gone some modification ala subsequent period, as
; will be seen by the following extracts from a let
tei, written by him, in reply to certain Questions
I i r posed by a committee of mechanics hi iihode
I island.
| “Dy the first constitution of New Yotk, the pos-
I session of a freehold estate of the value of two inin
| died and fifty dollars over ami above, all debts
. charged thereon, w.is necessary - to entitle a person
| to vote for Governor, Lieutemiiit Governor, and
) Senators. Members of Assembly were chosen by
I persons paying taxes rmiZ possessing freeholds of
i the clear value ol fifty dollars, or rentm 0 ’ tene
| meats of the value of five dollars.
i “ I lie obi ions itijUst ice, and ascei tain cd inutility
I of this regulation, together with other causes, led
in .1821, to the catl.oi a convention ihrtlie revision
of our state constitution. Os that convention 1
had the honor to be a member; and in the dis
charge ofthe duties impoed upon me by that situ
ation, I labored, ami in conjunction with a imu ir
ity ofthe convention, labored succcssfirfiv, to abol
ish the fret hold qualification, fl'he principle
which I then advocated, and which was estabiish-
I ed by the amended constitution, extended the i i->ht
I of voting for ad elective efijeers of the State Go
: verimii nt to every citizen who should contribute
| to the support of government, either by the pay-
I ment of taxes in money, or by labor on the high-
I ways, or by service, according, to law, in the miii
itii. The results of experience and the progress of
liberal opinions, soon led to a further extension ;
ami by mi amendment U> the constitution fimillv
adopted iu 1826, the right of sufii-age was given to
every male citizen of full age, whoshail have been
an inhabitant <>l the State for one year, and ofthe i
comity for six months pieceding the election.—
This provision, however, does not extend to per
sons of color, who, by the constitution of 1821, are
net allowed to vote, unless they have been, for
three years, citizensof the state, ami for one year
before the election, seized ami possessed of a tree
hold of the clear value of two hundred and fifty
dollars, and have been rated and paid a tax there
on.
“The government of New York has, for several
■ years, liecti administered under the liberal system !
: established by tl.e new constitution, and tin; still !
I more liberal ainetidnieut of 182 G, i;i a maimer
! which appears to have been .satisfactory to ihe !
j people, it is possible that there may be some
who regret the extension of the right of suffrage,
and who weald be gratified by the -evivnl of tiie
o il qualifications; tint I do not believe that such
a feciiug is entert ined by any considerable por
tion oi our citizens. lam very sare that any at
tempt to restrict the exercise of the right, and
more especially to restore the freehold qualifica
tion, would bo put dow n by an overwhelming ma
jority.”
By the old constitution of New York, no distinc
tion w as made with regard to color iu the qualfica
tions of electors. In tile Convention oi Amend
ments, a ptoposition to restrict the right of voting
to while citizens, was rejected by a vote of siiti/-
tliree to Jifty-nine,. A long and eloquent debate
preceded tins rejection; Mr. Van biireii did not
participate in the debate, but voted w ith the majo
rity. At a subsequent period iu the business of
the Convention, w lien the qualifications ol electors
were fixed, tiie blacks were excluded from the
right of voting, unless possessed of a freehold es
tate, of the value of two huudmd and fitly dollars,
and w ere exempted from taxation tw a correspond
ing extent. 'fins provision, winch continues tube
a part of the con titution of Aew York, received
his assent in the following remarks :
“Mr. Van Buren said tie had voted against a
total and unqualified exclusion, lor he would not
draw a revenue from them, and yet deny Io them
the right of stiflrage. But this proviso met his ap
probation. Tiiey were exempted I’rem taxation
until they had qualified themselves to vote. The
right was not denied, to exclude any portion ol
the community w ho w ill not exercise the right of
suffrage in its puri.y. This held out inducements
to industry, am! would receive his support.”*
The state ol New York exhibits a iair example
of the effects, ol the utmost latitude of suflrage.—
With the largest city in the Union; with au in
creasing tide of foreign emigrants ; with a strong
infusion of party excitements, she has adopted a
rule of qualification for the elective franchise,
whit hrejects no man whohas resided one year in
her lenilory, and si?, months in any of her coun
ties.
Her distinguished prosperity ; the nobleness of
I her public works and institutions ; the excellence
! ot her laws and of her judicial tribnnals ; tile pre
! vailing morality and good order of her citizens ;
I the security aliorded by her,laws.to all the lights
ofthe citizen, and her great political influence iu
j the t nion, conspire to demonstrate the utter falla
jcy efthose fears w hich are entertained by many,
! of the evils of Universal titjjj'rtif'e, ami .form an tm-
I answerable refutation of ail aiguments for restrict-
I ing the political rights, or infringing tiie political
equality of the jaop/c. Give man the privileges
and rights w liicb belong to the species, and he
I will prove himself worthy of them. Ho w ill rise
to the dignity he may be left to sustain ; he will
find scope and exercise for those tpialities of the
head and heait. ivhicb belong, alike, to al! human
ity. Degrade and oppress him, and he becomes
a demon and a brute.
Another matter of great importance, and w hich i
occupied a large portion of the atlcn'mn of the i
Convention and called forth some of the ablest !
speeches in that body, was the mode of elei ting I
justices of tiie peace. The importaece of this ol- I
’Debates in the New York Convention.
* Debates in New York Convention, p. 376.
fice was strongly stated by Mr. Van Buren, on one
occasion, in the foilowing words. Ho stud “the
amount of business before the justices ot the peace,
in this state, is five times as great as all the busi
ness before the other courts. On this point, it ap
peared to him, there was no room for diversity of
opinion : the truth of this statement could be as
ct rtaiiied by a reference to their proceedings. —
They were equally important as it respected crim
inal justice.”
The committee on the appointing power had
reported in favor of trie election of justices of the
peace, in every town, by the people. Mr. Van
Buren strenuously opposed this proposition, both
in tiie select committee. of which ha was chair
man, and in the Convention. His objection was
that magistrates, thus elected, would he too much
under the influence of local, party feelings. He
proposed that the 1 oard ot supervisors, in each
county, should nominate a suitable mnnlier of jus
tices of the peace, ami also tho respective courts
of commoe pleas ; mid that from these two lists
ol nominations, the Governor should make the
appointment. As the vieivsof Mr. Van Buren on
this subject have been somewhat misrepresented,
and as the matter, itself, is one of great import
atice in every state, tho following explanations
of his opinions are subjoined.
Mr. Van Buren said :
“It was not to be disguised, that that part of the
report before the committee, relating to the ap
pointment of justices ofthe peace, was by far the
most important feature in the report—if that was
settled, the remaining part of it would be got a
long with very easily. Some had thought these
magistrates ought to be elected ; but he had at all
times been opposed to their election; ami ifhe
did not deceive himself, the force of remarks of
gentlemen in favor of their election, had excited
doubts in the mind of every man, as to the propri
ety ol such a measure. He concurred in the opin
ion which had been expressed as to the impropri
ety of electing the higherol’iecrs of state, because
their duties were important; and it was to be
feared that it would have -a tendency to render
their judgment subservient to their desire for a
ceniitiuance in office. This was the principal ar
gument which had been used. If there were oth
er reasons he did not know what tb -y were.
“The amount of business before the Justices
of the Peace in this state, was five times as great,
as all the business before the other courts—on this
point, it appeared to him there was no room for a
diversity of opinion—the truth of this statement
could be ascertained by a reference to their pro
ceedings. They were equally important as it res
pected criminal justice.
“As to the probable effect upon their indepen
dence, there is no room for a comparison. The
Judges of the Supreme Court are elected for a
long terpv of time ; should the people become di., ■
satisfied, even whole counties, these officers might
I not feelthe effects of their displeasure till after a
i long time had elapsed ; but apply tiiis to Justices
(tithe Peace, who administer justice in the imme
| diate presence of their constituents, and are expo
i sed to the daily scru tiny of those upon whom they
| are dependent ; who are cognizant of all they do':
and have the power of passing jvdgmeiit on them.
II they are not satisfied with them, they must for
feit their offices.
"V. bat could the single arm of a chief magis
trate of the state do towards suppressing a rebel
lion ! It must be cflectrd through the interposi-
I tion of this inferior magistrate. He was willing to
go as far as any man. in endeavoring to curtail
dangerous patronage in distinct bodies of men ;
but he would not go to far as to cut every cord
that binds together the people and the govem
: ment.”*
On another occasion he pur ued the same sub
ject in the following remarks :
“Mr. Van Buren said he would briefly reply to
; some of the observations jvhich had faflen from
the honorable gentleman from Columbia, (judge
V ati Ness.) ami would also add a few w’Qrds in.'an
swer to the, suggestion of his venerable friend from
Queens, (Mr. King.)
‘■The honorable gentleman from Columbia had
examined mid discussed the matter with a degree
of zeal ami ability proportionate to the very deep
interest lie naturally tookiu it: iu one respect, lie
| said, he fully accorded with Lira—that iu the for
; ma'ion ol a constitution of government, they ought
to divest themselves ofthe rnfluciice of party. All
agree in deprecating party spirit, and many have
admonished us. that we cannot be too scrupulous
ly Cautious on this subject: he was well satisfied,
that, it we all practised upon cur own precepts —
il we did, in fact, smother all feelings of party, it
could iiotb.e possible that we should have so much
: difficulty*in providing for the ajipjinimcut of jus
tices of the peace.
“Me could not suppress his apprehension that
the immediate effect on the political interests of
the state, of which his amendment was supposed
susceptible, had called forth much of the opposi
tion it had to contend with. He did not pretend
to be move exempt from the influence of party fee
lings than others ; but be would not fail on a l oe
| carious, to act openly ami above board, and at
; sign tiie true motives of his-vote and conduct.
“The gentleman from Columbia had said, that
. as yet, we had done nothing for the people—that
| : c had not given them any greater share ofinflu
i mice in the selection of their local officers, than
! they bad liefore enjoyed. That gentleman’s soli
citude for the privileges of the people is commeml
abie : but, said Mr. V. B. is the assertion true, sir ?
If it was. it would be a matter worthy of serious
consideration. But, he continued, it is not correct.
In the first place, they had given to the people,
the right of choosing more than eight thousand
militia officers: Was this nothing? But we are
told that the public care nt thing about this right 1
In this respect, too, the gentleman was greatly in
error. '1 here was no subject on which men felt a
mere lively interest. Let a militia officer be ini
propeily suspended or su.,planted, am! they would
find that it was a matter of no small interest or
concern with the people. What has induced our
respective chief magistrates to travel cut of the or
dinary course, and indulge in the granting of bre
vet commissions, if there was no solicitude in re
gard to military appointments ? There was, lie
said, great anxiety on this subject.
“There ate, said Mr. Van Baren, about C6OO
civil officers in this state. Os this number, by the
report of the select committee, it was proposed to
leave three thousand six hundred, for which, in
consequence of their liability to frequent changes,
n-> constitutional provision was made by the com
mittee, to be appointed in such a manlier as the
legislature shall designate. Was this uotiniig;
If the people desire to have these officers elected,
they will send to the legislature, such men as will
obey their wishes in this respect; If they arc not
made elective, it will be because the people do net
wish it. and they can, in this way, bring home to
themselves the choice of these three thousand six
hundred officers.
“With respect to the residue ofthe number, it
was proposed to leave it with the supervisors of the
counties, to nominate as many candidates for ealth
town ss there were magistrates to be appointed in
them respectively: And that the judges of the
court-of common pletisshould inlike maimer nom
inate for each town; if they agreed, the officers on
whoni'they so agreed, should bo thus appointed,
mid so far only as tiiey disagreed, tbe-lists should
he sent to the Governor ; from lists It should |
be left, to tile executive to select. The lists pre
sented by the su|fervisorr, would very generally be
in accordance w ith she ‘sentiments of the people,
and it must be supposed that they would consult
their wishes and views on tiie subject. Aiid is!
this, asked Mr. Van Buren, giving chaff to the
people ?
Wo liave, sir, continued he, challenged gentle
men to show, why it would nut lie its fit, and pro
per to elect the higher judicial officers, as magis
trates fur the towns ; no answer had been giv; n to
this enquiry, because mine cor,ld be given. It
must be perfectly ohviinis, that evety consider;!
turn t hat wotdd be urged in favor of electing iusti
ces ofthe pettec, would apply in favor of having
tile judges of the higher tribunals also eleeti+e
and that even fewer objections exist to having
those courts selected iu this way; this had not
been mentioned as a threat, that a proposition oi
that nature would be made; but as an argunun
to shew the impropriety of having any judicial ol
ficcrs elected, in order to test die sincerity of som<
gentlemen's solicitude for the people, in this wt
are consistent throughout: the inconsistency wa;
on the part of these w ho were for having the high
er jttdieinl officers appointed, and the justices ci
the peace elected.
* Debates in the New York Convention, p. “21.
-•; j- ;; ’
'■The friends of the Unionare our friends,and its
enemies, ojir enemies.”
&: f.'! I - .!! t> t MTi/e.LYi’l
E2 2L e ss® ’-4 J 9 *
tUftiosi, JPeiwo&ratic liepublican
Ticket.
FOR PRESIDENT,
MARTIN VAN BUREN.
FOR VICE-PRESIDENT,
HOARD ML_ JOHNSON.
EXTRACT FROM
MARTIN VAN BUREN’S LETTER
Accepting the nomination of the Conven
tion, and to the, N. Carolina Commit
tee.
“ I content myself on this occasion with
spying, that! consider myself the honored
instrument selected by the friendsof his Ad
ministration to carry out its principles and
policy, and as well from inclination as from
duty, 1 hall, if honored with the choice of
the American People, ewleavour to tread
generally in the footsteps of President Jack
son, —happy if I shall be able to per
fect the work which he has so gloriously be
gun.'''
Jackson men in these clays of mis
representation, look well to the above ex
tract, and then to the following from his
letter to the North Carolina Committee, on
he subject of Abolition. = _£]j
“ I prefer that not only you, but all the
people of the United States, shall now un
dersland, that f Ute desire of that portion
of them ihhich is favorable to my elevation to
the Chief Magistracy be gratified, I must
go into the Presidential Chair the inflexible
! and uncompromising opponent of any at
\ ten pt to ABOLISH SLAVERY in the
i District of Columbia against the wishes of
t the slave-holding Stales.
! “ For the Engrossment of the Bill, iSvotes—A
: gsinst. it, 18. The Chair voting in the AFFIR
■ MATIVE, the Bill is ordered to be engrossed and
l ead a third time.”
M irtin Cm Buren, on the Bill to prohibit the. cir
culation ofincendianj publications through the mails.
EIdECTOISAIL TICKET.
THOMAS F. ANDERSON, of Franklin.
WM. B. BULLOCH, of Chatham.
SAMUEL GROVES, of Madison.
THOMAS HAYNES, of Baldwin.
REUBEN JORDAN, of Jones.
WILSON LUMr’XIN, of Walton.
WILLIAM PENTICOST, of Jackson.
THOMAS SPALDING, of Mclntosh.
JAMES C. WATSON, of Muscogee.
WM B. WOFFORD, of II ibfirsham.
THOMAS WOOTEN, of Wilkes.
SJialosi ©anga’.essaanal Ticket.
I JOHN COFFEE, of Telfair,
j JESSE F. CLEVELAND, of De Kalb.
THOMAS GLASCOCK, of Richmond.
SEATON GRANTLAND, of Baldwin.
CHARLES E. HAYNES, of Hancock.
HOPKINS 11. HOLSEY, of Harris.
JABEZ JACKSON, of Clark.
, GEORGE W. OWENS, of Habersham.
GEORGE W. B. TOW NS, of Talbot.
TO THE UxNION PARTY.
It is less than sixty days to one of the most
important elections which has ever taken place
in the State of Georgia.
Nine representatives to Congress arc to be c
lected, and a powerful effort will be imide to
defeat the union ticket. The election of Presi
dent and Vice President which takes place in
I November next, and the deep rooted hatred ofthe
| opposition to General Jackson and the measures
ot his administration, has aroused the combina
tion in every quarter of the Union, to the last
violent struggle for victory or death.
But in Georgia, the nullifiers will introduce a
new system of tactics. The broad ground on
which the contest has been w>aged for four years
past will be mainly abandoned, and instead of
advocating their claims upon the basis of .uni
fication, and holding it up as the great conserv
ative principle of liberty, they will seek to di
rect the public mind to other objects, and to turn
it away from the contemplation of principles
which it has seriously considered, and solemnly
condemned. .
The abuse of Martin Van Buren and Richard
M. Johnson—surmises and inuendo’s against
their public and private characters, and praises
and hallelujahs to White and Harrison, with a
little faint praise occasionally to Daniel Web
ster, will be the burden of tlieir song. This we
predict with confidence.
To those union men, if there be such, who
have felt misgivings in relation to the opinions
of Mr. A an Baren, on account of the charges
and statements made by the nullifiers, we now
address ourselves. Ilis opinions of the abolition,
question have been laid before you, in which he.
stands pledged to sustain the rights of the South,
to the last extremity. Canyon ask for more?
Can you doubt the word of a man Whose wholp
lite lias been devoted to bis country ? But what
more could you expect from a party which
denounced Andrew Jackson, a tyrant and a trai
tor, and the whole union party, as torics?
While they are making the cry of abolition
against ’dr. V an Buren, in the very face of his
votes and publicly expressed opinions, they avow
dibir preference lot Genera) Harrison of QJiio,
an open and undisguised abolitionists They dis
tinctly declare, if they cannot elect Judge While,
they will take General Harrison in prefereuco
to Air. Van Buren.
We have said, General Iliirrisot; is an aboli
tionist, and improof of tiiis assertion, we appeal
to a Speech delivered by himself, in vyhich ho
expresses himself in favor of the etnancipation
oi out slaves, and declares his opinion, that Con
gress may constitutionally appropriate the sur
plus revenue to that object—that is to say in
plain english, that Congress, may rob us of our
miumy by the most odious and oppressive taxa-
