Suffrage Debate, N.Y. Constitutional Convention of 1821

Source: Peterson, ed., Democracy, Liberty, and Property, 190-207

Chancellor Kent.

[p1]
I have reflected upon the report of the select committee with attention and with anxiety. We appear to be disregarding the principles of the constitution, under which we have so long and so happily lived, and to be changing some of its essential institutions. I cannot but think that the considerate men who have studied the history of republics, or are read in lessons of experience, must look with concern upon our apparent disposition to vibrate from a well balanced government, to the extremes of the democratic doctrines. Such a broad proposition as that contained in the report, at the distance of ten years past, would have struck the public mind with astonishment and terror. So rapid has been the career of our vibration.

[p2]
Let us recall our attention, for a moment, to our past history.

[p3]
This state has existed for forty-four years under our present constitution, which was formed by those illustrious sages and patriots who adorned the revolution. It has wonderfully fulfilled all the great ends of civil government. During that long period, we have enjoyed in an eminent degree, the blessings of civil and religious liberty. We have had our lives, our privileges, and our property, protected. We have had a succession of wise and temperate legislatures. The code of our statute law has been again and again revised and corrected, and it may proudly bear a comparison with that of any other people. We have had, during that period, (though I am, perhaps, not the fittest person to say it) a regular, stable, honest, and enlightened administration of justice. All the peaceable pursuits of industry, and all the important interests of education and science, have been fostered and encouraged. We have trebled our numbers within the last twenty-five years, have displayed mighty resources, and have made unexampled progress in the career of prosperity and greatness.

[p4]
Our financial credit stands at an enviable height; and we are now successfully engaged in connecting the great lakes with the ocean by stupendous canals, which excite the admiration of our neighbours, and will make a conspicuous figure even upon the map of the United States.

[p5]
These are some of the fruits of our present government; and yet we seem to be dissatisfied with our condition, and we are engaged in the bold and hazardous experiment of remodelling the constitution. Is it not fit and discreet: I speak as to wise men; is it not fit and proper that we should pause in our career, and reflect well on the immensity of the innovation in contemplation? Discontent in the midst of so much prosperity, and with such abundant means of happiness, looks like ingratitude, and as if we were disposed to arraign the goodness of Providence. Do we not expose ourselves to the danger of being deprived of the blessings we have enjoyed?—When the husbandman has gathered in his harvest, and has filled his barns and his granaries with the fruits of his industry, if he should then become discontented and unthankful, would he not have reason to apprehend, that the Lord of the harvest might come in his wrath, and with his lightning destroy them?

[p6]
The senate has hitherto been elected by the farmers of the state—by the free and independent lords of the soil, worth at least $250 in freehold estate, over and above all debts charged thereon. The governor has been chosen by the same electors, and we have hitherto elected citizens of elevated rank and character. Our assembly has been chosen by freeholders, possessing a freehold of the value of $50, or by persons renting a tenement of the yearly value of $5, and who have been rated and actually paid taxes to the state. By the report before us, we propose to annihilate, at one stroke, all those property distinctions and to bow before the idol of universal suffrage. That extreme democratic principle, when applied to the legislative and executive departments of government, has been regarded with terror, by the wise men of every age, because in every European republic, ancient and modern, in which it has been tried, it has terminated disastrously, and been productive of corruption, injustice, violence, and tyranny. And dare we flatter ourselves that we are a peculiar people, who can run the career of history, exempted from the passions which have disturbed and corrupted the rest of mankind? If we are like other races of men, with similar follies and vices, then I greatly fear that our posterity will have reason to deplore in sackcloth and ashes, the delusion of the day.

[p7]
It is not my purpose at present to interfere with the report of the committee, so far as respects the qualifications of electors for governor and members of assembly. I shall feel grateful if we may be permitted to retain the stability and security of a senate, bottomed upon the freehold property of the state. Such a body, so constituted, may prove a sheet anchor amidst the future factions and storms of the republic. The great leading and governing interest of this state, is, at present, the agricultural; and what madness would it be to commit that interest to the winds. The great body of the people, are now the owners and actual cultivators of the soil. With that wholesome population we always expect to find moderation, frugality, order, honesty, and a due sense of independence, liberty, and justice. It is impossible that any people can lose their liberties by internal fraud or violence, so long as the country is parcelled out among freeholders of moderate possessions, and those freeholders have a sure and efficient control in the affairs of the government. Their habits, sympathies, and employments, necessarily inspire them with a correct spirit of freedom and justice; they are the safest guardians of property and the laws: We certainly cannot too highly appreciate the value of the agricultural interest: It is the foundation of national wealth and power. According to the opinion of her ablest political economists, it is the surplus produce of the agriculture of England, that enables her to support her vast body of manufacturers, her formidable fleets and armies, and the crowds of persons engaged in the liberal professions, and the cultivation of the various arts.

[p8]
Now, sir, I wish to preserve our senate as the representative of the landed interest. I wish those who have an interest in the soil, to retain the exclusive possession of a branch in the legislature, as a strong hold in which they may find safety through all the vicissitudes which the state may be destined, in the course of Providence, to experience. I wish them to be always enabled to say that their freeholds cannot be taxed without their consent. The men of no property, together with the crowds of dependants connected with great manufacturing and commercial establishments, and the motley and undefinable population of crowded ports, may, perhaps, at some future day, under skilful management, predominate in the assembly, and yet we should be perfectly safe if no laws could pass without the free consent of the owners of the soil. That security we at present enjoy; and it is that security which I wish to retain.

[p9]
The apprehended danger from the experiment of universal suffrage applied to the whole legislative department, is no dream of the imagination. It is too mighty an excitement for the moral constitution of men to endure. The tendency of universal suffrage, is to jeopardize the rights of property, and the principles of liberty. There is a constant tendency in human society, and the history of every age proves it; there is a tendency in the poor to covet and to share the plunder of the rich; in the debtor to relax or avoid the obligation of contracts; in the majority to tyrannize over the minority, and trample down their rights; in the indolent and the profligate, to cast the whole burthens of society upon the industrious and the virtuous; and there is a tendency in ambitious and wicked men, to inftame these combustible materials. It requires a vigilant government, and a firm administration of justice, to counteract that tendency. Thou shalt not covet; thou shalt not steal; are divine injunctions induced by this miserable depravity of our nature. Who can undertake to calculate with any precision, how many millions of people, this great state will contain in the course of this and the next century, and who can estimate the future extent and magnitude of our commercial ports? The disproportion between the men of property, and the men of no property, will be in every society in a ratio to its commerce, wealth, and population. We are no longer to remain plain and simple republics of farmers, like the New-England colonists, or the Dutch settlements on the Hudson. We are fast becoming a great nation, with great commerce, manufactures, population, wealth, luxuries, and with the vices and miseries that they engender. One seventh of the population of the city of Paris at this day subsists on charity, and one third of the inhabitants of that city die in the hospitals; what would become of such a city with universal suffrage? France has upwards of four, and England upwards of five millions of manufacturing and commercial labourers without property. Could these kingdoms sustain the weight of universal suffrage? The radicals in England, with the force of that mighty engine, would at once sweep away the property, the laws, and the liberties of that island like a deluge.

[p10]
The growth of the city of New-York is enough to startle and awaken those who are pursuing the ignis fatuus of universal suffrage.

[p11]
It is rapidly swelling into the unwieldly population, and with the burdensome pauperism, of an European metropolis. New York is destined to become the future London of America; and in less than a century, that city, with the operation of universal suffrage, and under skilful direction, will govern this state.

[p12]
The notion that every man that works a day on the road, or serves an idle hour in the militia, is entitled as of right to an equal participation in the whole power of the government, is most unreasonable, and has no foundation in justice. We had better at once discard from the report such a nominal test of merit. If such persons have an equal share in one branch of the legislature, it is surely as much as they can in justice or policy demand. Society is an association for the protection of property as well as of life, and the individual who contributes only one cent to the common stock, ought not to have the same power and influence in directing the property concerns of the partnership, as he who contributes his thousands. He will not have the same inducements to care, and diligence, and fidelity. His inducements and his temptation would be to divide the whole capital upon the principles of an agrarian law.

[p13]
Liberty, rightly understood, is an inestimable blessing, but liberty without wisdom, and without justice, is no better than wild and savage licentiousness. The danger which we have hereafter to apprehend, is not the want, but the abuse, of liberty. We have to apprehend the oppression of minorities, and a disposition to encroach on private right—to disturb chartered privileges—and to weaken, degrade, and overawe the administration of justice; we have to apprehend the establishment of unequal, and consequently, unjust systems of taxation, and all the mischiefs of a crude and mutable legislation. A stable senate, exempted from the influence of universal suffrage, will powerfully check these dangerous propensities, and such a check becomes the more necessary, since this Convention has already determined to withdraw the watchful eye of the judicial department from the passage of laws.

[p14]
We are destined to become a great manufacturing as well as commercial state. We have already numerous and prosperous factories of one kind or another, and one master capitalist with his one hundred apprentices, and journeymen, and agents, and dependents, will bear down at the polls, an equal number of farmers of small estates in his vicinity, who cannot safely unite for their common defence. Large manufacturing and mechanical establishments, can act in an instant with the unity and efficacy of disciplined troops. It is against such combinations, among others, that I think we ought to give to the freeholders, or those who have interest in land, one branch of the legislature for their asylum and their comfort. Universal suffrage once granted, is granted forever, and never can be recalled.

[p15]
There is no retrograde step in the rear of democracy. However mischievous the precedent may be in its consequences, or however fatal in its effects, universal suffrage never can be recalled or checked, but by the strength of the bayonet. We stand, therefore, this moment, on the brink of fate, on the very edge of the precipice. If we let go our present hold on the senate, we commit our proudest hopes and our most precious interests to the waves.

[p16]
It ought further to be observed, that the senate is a court of justice in the last resort. It is the last depository of public and private rights; of civil and criminal justice. This gives the subject an awful consideration, and wonderfully increases the importance of securing that house from the inroads of universal suffrage. Our country freeholders are exclusively our jurors in the administration of justice, and there is equal reason that none but those who have an interest in the soil, should have any concern in the composition of that court. As long as the senate is safe, justice is safe, property is safe, and our liberties are safe. But when the wisdom, the integrity, and the independence of that court is lost, we may be certain that the freedom and happiness of this state, are fled forever.

[p17]
I hope, sir, we shall not carry desolation through all the departments of the fabric erected by our fathers. I hope we shall not put forward to the world a new constitution, as will meet with the scorn of the wise, and the tears of the patriot. . . .


Mr. Buel.

[p20]
Of the twenty four states which compose this union, twelve states require only a certain time of residence as a qualification to vote for all their elective officers— eight require in addition to residence the payment of taxes or the performance of militia duty—four states only require a freehold qualification, viz. New-York, North-Carolina, Virginia, and Rhode-Island. The distinction which the amendment of the gentleman from Albany proposes to continue, exists only in the constitution of this state, and in that of North-Carolina.

[p21]
In some of the states, the possession of a freehold, constitutes one of several qualifications, either of which gives the right of suffrage; but in four only, is the exclusive right of voting for any department of the government confined to landholders.

[p22]
The progressive extension of the right of suffrage by the reformations which have taken place in several of the state constitutions, adds to the force of the authority. By the original constitution of Maryland, (made in 1776,) a considerable property qualification was necessary to constitute an elector. By successive alterations in the years 1802, and 1810, the right has been extended to all the white citizens who have a permanent residence in the state. A similar alteration has been made in the constitution of South-Carolina; and by the recent reformations in the constitutions of Connecticut and Massachusetts, property qualifications in the electors have been abolished; the right is extended in the former almost to universal suffrage, and in the latter to all the citizens who pay taxes. It is not in the smaller states only, that these liberal principles respecting suffrage, have been adopted. The constitution of Pennsylvania, adopted in the year 1790, extends the right of suffrage to all the citizens who pay taxes, and to their sons between the age of twenty-one and twenty-two years.

[p23]
That constitution was formed by men, distinguished for patriotism and talents. At the head of them, we find the name of Judge [James] Wilson, a distinguished statesman, and one of the founders of the constitution of the United States.

[p24]
The constitution of Pennsylvania was formed on the broad principle of suffrage, which that distinguished man lays down in his writings. "That every citizen whose circumstances do not render him necessarily dependant on the will of another, should possess a vote in electing those, by whose conduct his property, his reputation, his liberty, and his life may be almost materially affected." This is the correct rule, and it has been adopted into the constitution of every state which has been formed since the government of the United States was organized. So universal an admission of the great principle of general suffrage, by the Conventions of discreet and sober minded men, who have been engaged in forming or amending the different constitutions, produces a strong conviction that the principle is safe and salutary.

[p25]
It is said by those who contend that the right of voting for senators should be confined to the landholders, that the framers of our constitution were wise and practical men, and that they deemed this distinction essential to the security of the landed property; and that we have not encountered any evils from it during the forty years experience which we have had. To this I answer, that if the restriction of the right of suffrage has produced no positive evil, it cannot be shown to have produced any good results.

[p26]
The qualifications for assembly voters, under the existing constitution, are as liberal as any which will probably be adopted by this Convention. Is it pretended that the assembly, during the forty-three years experience which we have enjoyed under our constitution, has been, in any respect, inferior to the senate? Has the senate, although elected exclusively by freeholders, been composed of men of more talents, or greater probity, than the assembly? Have the rights of property, generally, or of the landed interest in particular, been more vigilantly watched, and more carefully protected by the senate than by the assembly? I might appeal to the journals of the two houses, and to the recollections and information of the members of the committee on this subject; but it is unnecessary, as I understand the gentlemen who support the amendment, distinctly admit, that hitherto the assembly has been as safe a depository of the rights of the landed interest, as the senate. But it is supposed that the framers of our constitution must have had wise and cogent reasons for making such a distinction between the electors of the different branches of the government. May we not, however, without the least derogation from the wisdom and good intentions of the framers of our constitution, ascribe the provision in question to circumstances which then influenced them, but which no longer ought to have weight?

[p27]
When our constitution was framed, the domain of the state was in the hands of a few. The proprietors of the great manors were almost the only men of great influence; and the landed property was deemed worthy of almost exclusive consideration. Before the revolution, freeholders only were allowed to exercise the right of suffrage. The notions of our ancestors, in regard to real property, were all derived from England. The feudal tenures were universally adopted. The law of primogeniture, by which estates descended to the eldest son, and the rule of descent by which the male branches inherited the paternal estate, to the exclusion of the female, entails, and many other provisions of feudal origin were in force. The tendency of this system, it is well understood, was to keep the lands of the state in few hands. But since that period, by the operation of wiser laws, and by the prevalence of juster principles, an entire revolution has taken place in regard to real property. Our laws for regulating descents, and for converting entailed estates into fee-simple, have gradually increased the number of landholders: Our territory has been rapidly divided and subdivided: And although the landed interest is no longer controlled by the influence of a few great proprietors, its aggregate importance is vastly increased, and almost the whole community have become interested in its protection. In New-England, the inhabitants, from the earliest period, have enjoyed the system which we are progressively attaining to. There, the property of the soil has always been in the hands of the many. The great bulk of the population are farmers and freeholders, yet no provision is incorporated in their constitutions, excluding those who are not freeholders from a full participation in the right of suffrage. May we not trace the notions of the framers of our constitution, respecting the exclusive privilege of the freeholders, to the same source from whence they derived all their ideas of real property?

[p28]
In England, from the earliest times, the superiority of the landed interest was maintained. To go no farther back than the Norman invasion, we find the domain of England parcelled out in great manors among the followers of the Conqueror. They and their descendants, for many years, were the only legislative and judiciary power in the kingdom. Their baronies gave them the right of legislation. It was a privilege annexed to the land which their vassals cultivated. Their vassals, in process of time, became freeholders, and formed the juries in the manor courts.

[p29]
It was a long time before any other interests than that of the landholders was attended to. For some hundred years, the great cities and boroughs were not considered worthy of being represented in the great councils of the kingdom. And although numerous great interests have since arisen, the house of peers and the knights of the shire, are still supposed to represent the landed interest exclusively. It was not surprising that the framers of our constitution, though they in the main aimed to establish our government on republican principles, should have adopted some of the notions which they inherited, with their domains, from their ancestors. The force of habit and prejudice which induced those illustrious men to incorporate in the constitution absurd provisions, will manifestly appear by adverting to a single instance of the application of the rule established by them, to determine the right of voting for senators and governor.

[p30]
A man who is possessed of a piece of land worth $250 for his own life, or the life of another person, is a freeholder, and has the right to vote for governor and senators. But one who has an estate in ever so valuable a farm, for 999 years, or any other definite term, however long, is not a freeholder and cannot vote. The absurdity of the distinction, at this day, is so glaring as to require no comment. Yet there are numerous farmers, in different parts of the state, who are excluded from the right of suffrage on this absurd distinction between freehold and leasehold estates. No person will now pretend that a farmer who holds his land by a thousand years lease is less attached to the soil, or less likely to exercise the privilege of freeman discreetly, than a freeholder. We shall not, I trust, be accused of want of respect to settled institutions, if we expunge such glaring absurdities from our constitution. It is supposed, however, by the honourable member before me (Chancellor Kent) that landed property will become insecure under the proposed extension of the right of suffrage, by the influx of a more dangerous population. That gentleman has drawn a picture from the existing state of society in European kingdoms, which would be indeed appalling, if we could suppose such a state of society could exist here. But are arguments, drawn from the state of society in Europe, applicable to our situation? I think the concessions of my honourable friend from Albany, who last addressed the committee, (Mr. Van Vechten) greatly weaken the force of the arguments of his honour the Chancellor.

[p31]
It is conceded by my honourable friend, that the great landed estates must be cut up by the operation of our laws of descent; that we have already seen those laws effect a great change; and that it is the inevitable tendency of our rules of descent, to divide up our territory into farms of moderate size. The real property, therefore, will be in the hands of the many. But in England, and other European kingdoms, it is the policy of the aristocracy to keep the lands in few hands. The laws of primogeniture, the entailments and family settlements, all tend to give a confined direction to the course of descents. Hence we find in Europe, the landed estates possessed by a few rich men; and the great bulk of the population poor, and without that attachment to the government which is found among the owners of the soil. Hence, also, the poor envy and hate the rich, and mobs and insurrections sometimes render property insecure. Did I believe that our population would degenerate into such a state, I should, with the advocates for the amendment, hesitate in extending the right of suffrage; but I confess I have no such fears. I have heretofore had doubts respecting the safety of adopting the principles of a suffrage as extensive as that now contemplated. I have given to the subject the best reflection of which I am capable; and I have satisfied myself, that there is no danger in adopting those liberal principles which are incorporated in almost all the constitutions of these United States.

[p32]
There are in my judgment, many circumstances which will forever preserve the people of this state from the vices and the degradation of European population, beside those which I have already taken notice of. The provision already made for the establishment of common schools, will, in a very few years, extend the benefit of education to all our citizens. The universal diffusion of information will forever distinguish our population from that of Europe. Virtue and intelligence are the true basis on which every republican government must rest. When these are lost, freedom will no longer exist. The diffusion of education is the only sure means of establishing these pillars of freedom. I rejoice in this view of the subject, that our common school fund will (if the report on the legislative department be adopted,) be consecrated by a constitutional provision; and I feel no apprehension, for myself, or my posterity, in confiding the right of suffrage to the great mass of such a population as I believe ours will always be. The farmers in this country will always out number all other portions of our population. Admitting that the increase of our cities, and especially of our commercial metropolis, will be as great as it has been hitherto; it is not to be doubted that the agricultural population will increase in the same proportion. The city population will never be able to depress that of the country. New-York has always contained about a tenth part of the population of the state, and will probably always bear a similar proportion. Can she, with such a population, under any circumstances, render the property of the vast population of the country insecure? It may be that mobs will occasionally be collected, and commit depredations in a great city; but, can the mobs traverse our immense territory, and invade the farms, and despoil the property of the landholders? And if such a state of things were possible, would a senate, elected by freeholders, afford any security? It is the regular administration of the laws by an independent judiciary, that renders property secure against private acts of violence. And there will always be a vast majority of our citizens interested in preventing legislative injustice.

[p33]
But the gentleman who introduced the proposition now before the committee, has predicted dangers of another kind to the landed interest, if their exclusive right of electing the senate shall be taken away. He supposes, that combinations of other interests will be formed to depress the landholders, by charging them exclusively with the burthen of taxation.

[p34]
I cannot entertain any apprehension that such a state of things will ever exist. Under any probable extension of the right of suffrage, the landed interest will, in my view of the subject, always maintain a vast preponderance of numbers and influence. From what combinations of other interests can danger arise? The mercantile and manufacturing interests are the only ones which can obtain a formidable influence. Are the owners of manufacturing establishments, scattered through the state, as they always must be, likely to enter into a confederacy with the merchants of the great cities, for the purpose of depressing the yeomanry and landholders of this great state? Has our past experience shewn any tendency in those two great interests, to unite in any project, especially for such an one as that which I have mentioned? We usually find the merchants and manufacturers acting as rivals to each other: but both feel a community of interest with the landholders; and it will ever be the interest of the farmers, as it ever has been, to foster and protect both the manufacturing and mercantile interests. The discussions which the tariff has undergone, both in and out of congress, have demonstrated the feelings of rivalship which exist between our manufacturers and our merchants. But who has ever heard, in this or any other country, of a combination of those two classes of men, to destroy the interest of the farmers? No other combination, then, can be imagined, but that of the poor against the rich. Can it be anticipated, that those who have no property can ever so successfully combine their efforts, as to have a majority in both branches of the legislature, unfriendly to the security of property?

[p35]
One ground of the argument of gentlemen who support the amendment is, that the extension of the right of suffrage will give an undue influence to the rich over the persons who depend upon them for employment; but if the rich control the votes of the poor, the result cannot be unfavourable to the security of property. The supposition that, at some future day, when the poor shall become numerous, they may imitate the radicals of England, or the jacobins of France; that they may rise, in the majesty of their strength, and usurp the property of the landholders, is so unlikely to be realized, that we may dismiss all fear arising from that source. Before that can happen, wealth must lose all its influence; public morals must be destroyed; and the nature of our government changed, and it would be in vain to look to a senate, chosen by landholders, for security in a case of such extremity. I cannot but think, that all the dangers which it is predicted will flow from doing away the exclusive right of the landholders to elect the senators, are groundless.

[p36]
I contend, that by the true principle of our government, property, as such, is not the basis of representation. Our community is an association of persons—of human beings—not a partnership founded on property. The declared object of the people of this state in associating, was, to "establish such a government as they deemed best calculated to secure the rights and liberties of the good people of the state, and most conducive to their happiness and safety." Property, it is admitted, is one of the rights to be protected and secured; and although the protection of life and liberty is the highest object of attention, it is certainly true, that the security of property is a most interesting and important object in every free government. Property is essential to our temporal happiness; and is necessarily one of the most interesting subjects of legislation. The desire of acquiring property is a universal passion. I readily give to property the important place which has been assigned to it by the honourable member from Albany (Chancellor Kent). To property we are indebted for most of our comforts, and for much of our temporal happiness. The numerous religious, moral, and benevolent institutions which are every where established, owe their existence to wealth; and it is wealth which enables us to make those great internal improvements which we have undertaken. Property is only one of the incidental rights of the person who possesses it; and, as such, it must be made secure; but it does not follow, that it must therefore be represented specifically in any branch of the government.