Civil List and Constitutional History of the Colony and State of New York, Part 16

Author:
Publication date: 1886
Publisher: Albany
Number of Pages: 1380

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138

EXTENSION OF THE ELECTIVE FRANCHISE.

were made against blacks and mulattoes, except that they were re- quired to produce authenticated certificates of freemen.1 In accord- ance with the provisions of Article VII of the Constitution, persons who were freemen of the city of Albany at the time of its adoption, or who were freemen of the city of New York, October 14, 1775, were entitled to vote for Assemblymen withont the property quali- fication.2 Elective officers were limited to the Governor, Lieutenant- Governor, Senators and Assemblymen, and the town clerks, super- visors, assessors, constables and collectors, and all other officers there- tofore eligible. Loan officers, county treasurers, and clerks of boards of supervisors, were to be appointed as directed by the Legislature. All other civil and military officers were to be appointed by the Council of Appointment, unless otherwise designated in the Con- stitution.

The Constitution of 1821 (Article 2, § 1) extended the elective franchise, conferring it on every male citizen of the age of twenty- one years, who had resided in the State one year preceding any elec- · tion, and in the town or county where he offered to vote six months, provided he had paid taxes within the year, or was exempt from taxation, or had performed military duty, or was a fireman ; and also upon every such citizen who had been a resident of the State three years, and town or county one year, and had performed high- way labor within the year, or paid an equivalent therefor. Colored persons were not allowed to vote unless they had been citizens of the State three years, and were possessed of a freehold of the valne of 8250 over and above all debts and ineumbrances thereon, and had paid a tax on that amount. Persons convicted of infamous crimes were not allowed to vote unless pardoned.

The Constitution of 1846 (art. 2, § 1) still further extended the right of suffrage by providing that every white male citizen of twenty-one years of age, who shall have been a citizen for ten days, who had resided in the State one year, the county four months and in the district thirty days, and had made no bet or wager on the result of the election, should be entitled to vote, provided he had not been convicted of an infamous crime; or, if convicted, had been pardoned therefor, and restored to all the rights of a citizen. The Constitution was amended in 1874 so as to disqualify any " per- son who shall receive, expect or offer to receive, or pay, offer or promise to pay, contribute, offer or promise to contribute to another,

I See acts of April 9, 1511, March 20, 1813, and April 11, 1815.

2 See also the act of 1813.

139

VOTING BY BALLOT.

to be paid or used, any money or other valuable thing as a com- pensation or reward for the giving or withholding a vote at an eler- tion, or who shall make any promise to influence the giving or with- holding any such vote." The same amendment provided the right to challenge, and prescribed an oath to be taken in such case. By an amendment of the Constitution, adopted March 8, 1864, no elector loses his right to vote by reason of absence in the military service of the United States. An amendment to the Federal Con- stitution 1 removed the restriction of color.

Previous to the adoption of the original State Constitution, voting at elections was cien coce. The framers of that Constitution hesita- ted to change the system, but inasmuch as many of the citizens of the State had long been of opinion that voting by ballot would tend more to preserve the liberty and equal freedom of the people, they authorized an "experiment " to be made as soon as peace should be declared, permitting the Legislature to then pass an act for that pur- pose, and if the " experiment" failed, to return to the vied coce system provided two-thirds of the members of both hottes con- curred therein .? In pursuance of this provision, a law was passed March 27, 1775, authorizing the use of the ballot in elections for Governor and Lieutenant Governor, but retaining the viva voce sys- tem for members of the Legislature; but this also was done away with by an act passed February 18, 1787.

Under the law of 1757, elections were held in every borough, town, district, precinct or ward, under the supervision of inspectors chosen for that purpose. When the balloting system was first intro- duced, the boxes containing the ballots were directed to be returned by the sheriff's to the Secretary of State, in order that they might be canvassed by a Joint Committee of the Legislature. This was done away with by an act passed March 27, 1799, and local boards insti- . tuted, who were required to inspect and canvass the ballots, the re- sult to be recorded by the town clerk, who was to return it to the county clerk for the same purpose, by whom it was to be trans- mitted to the Secretary of State, to be by him also recorded. 1 Board of State Canvassers was created, consisting of the Secretary of State, Comptroller and Treasurer, who were required to canvass the votes on or before the Sth day of June, and publish the result. By the act of 1787, general elections were held on the last Tuesday of April, and might be held for five days.

1 Art. XV; proposed Feb. 27, 1809 ; ratification announced March 30, 1970. 2 Constitution of 1777, Art. VI.

140

BOARDS OF CANVASSERS - REGISTRATION OF VOTERS.

The manner of holding elections was somewhat altered by the provisions of an act passed April 17, 1822. A Board of County Canvassers was instituted, consisting of one inspector of elections from each town. The Attorney-General and Surveyor-General were added to the Board of State Canvassers. The general election day was changed to the first Monday in November ; each town and ward formed one election district, and the polls were opened, by adjourn- ment, from place to place, for three successive days. An act was passed April 5, 1842, directing the elections to be held in one day, on the Tuesday succeeding the first Monday in November, and pro- viding for the divisions of towns and wards into-a convenient number of election districts. The law required the division to be made by the common councils of cities, and the supervisors, assessors and clerks of towns, in all cases where the population ex- ceeded five hundred, and allowed them to do it, if the population was less than that number, if in their judgment advisable. By the act of 1842, the several supervisors of counties were constituted boards of county can vassers.

The general law relative to the registration of voters is applicable to incorporated villages containing over seven thousand inhabitants, and to cities, except as hereafter stated. It provides that inspectors of election shall meet as registrars on Tuesday five weeks before a general election ; a second meeting is to be held on the Tuesday pre- ceding election. The first meeting must be held from 9 A. M. to 9 P. M. ; the second, from 8 A. M. to 9 r. M. In cities having a popu- lation of sixteen thousand inhabitants and upwards (except New York and Brooklyn), the inspectors meet as registrars on Tuesday three weeks before election, at 9 A. M. A second meeting is required to be held on Friday before election. At the first meeting, registrars may sit two days, in districts containing over four hundred voters. . No name can be added at the second meeting, unless the clector appears in person. Names of electors proven to be non-residents must be erased. No person can vote whose name is not on the registry ; but any elector may require his name to be entered by ap- pearing before the board at its last meeting.1 The Supreme Court may compel boards to meet and perform acts willfully omitted.

1 Law, 172, ch. 50, as amended by the Laws of 1830, chs. 165, 508 and 576. See Election Code: Weed, Parsons & Co. , publishers.

141

ELECTIONS IN NEW YORK AND BROOKLYN.

In the city of New York it is the duty of the Board of Police to establish a bureau of elections and to appoint a Chief of the Bureau of Elections, who shall hold office for three years, and receive a salary of $5,000. The Board of Police is required to divide each assembly district into election districts of not more than two hu .- dred and fifty voters cach, to designate the places for holding the polls, and to appoint four inspectors of election for each district, two inspectors to be selected from each political party. These in- spectors act as registrars of elections, and hold sessions on Tuesday of the fourth week, Wednesday of the third week, and Friday and Saturday of the second week preceding the general election in each year, the sessions to continue from 8 A. M. to 9 r. M. The regis- trars are to receive the applications of eleetors who personally pre- sent themselves, and such only, and before registering any such per- son shall administer to them a prescribed oath. The street, member and (when a tenement honse), the number of room or of story minst in all cases be entered ; and the names of all persons residing in one dwelling must follow each other. Certificates of removal are also provided, in case of change from one dwelling or district to another dwelling or district. Each inspector of election is to be provided with a copy of the registry, and no vote is to be received which is not found on at least three of such registers. The Chief of the Burean of Elections is required to keep a record of the deaths of deceased persons, and to furnish a copy to each inspector. Ile is also required to keep a record of persons convicted of crime. The Board of Police likewise designate the places for holding the polls and of registry. The inspectors act as canvassers 1

In Brooklyn, a Board of Elections is designated by the Mayor, Comptroller and Anditor, to consist of three persons, the Mayor desiguating one and the Comptroller and Auditor two members of the Board. Said Board is required to meet on or before the 15th of . September in each year, for the appointment of inspectors and reg_ istrars of elections, the member so named by the Mayor to appoint one in each district, and the other two members to designate two. Canvassers are required to be appointed in the same manner as in- spectors, on or before the fifteenth day of October. The registrars are required to meet on the last Tuesday of September and the first Tuesday of October, from 7 to 10 A. M. and from 3 to 10 p. M., and on the Monday occurring fifteen days prior to election, for the purpose of registering such persons as may appear personally and

I Laws of 1:52, ch. 675. An act passed In 1ss1 requires that the names added each day to the Registry shall be published in the City Record (ch. 706). .

142

GENERAL ELECTION LAWS.

ask to be registered. The Board of Elections fix the boundaries of election districts, and the places for holding the polls. No election district shall contain more than four hundred voters.1

Unless otherwise provided, the duty of dividing the wards of cities into election districts is devolved by general law upon the re- spective common councils, which also designate the places for hold- ing the polls. Towns are divided into election districts by the supervisors, assessors and clerk of each town, respectively. When said division is made, the same authorities designate the place for holding the polls, unless other provision is made. Wards must be divided and polling places designated on or before the first Monday in September.2

General elections are held on the Tuesday succeeding the first Monday in November of each year, and the officers thus chosen usually enter upon their terms on the first day of January next suc- ceeding. By act, chapter 544, Laws of 1872, election day was made a public holiday.

Unless otherwise provided, inspectors of election are chosen by ballot, each elector voting for two. The two receiving the greatest number of votes being elected, the third inspector is appointed from the two receiving the next greatest number of votes to those elected.

The inspectors, chosen or appointed as above (except in Brooklyn), act as canvassers. In New York the canvassers make triplicate statements of the results, and seal them, one for the Clerk of the Board of Supervisors, one for the County Clerk, and one for the Chief of the Bureau of Elections. The Clerk of the Board of Supervisors presents his envelope, which must remain sealed, to the county canvassers, for their action. The County Clerk mist retain his sealed, until the Board of Supervisors or other competent au- thority requires it to be opened. The statements of the canvassers of elections in Brooklyn are also required to be made in triplicate, one to be deposited with the Board of Elections, one with the County Clerk, and one with the Police Department, by whom it shall be at once opened, and its contents publicly announced on a bulletin board. In the remainder of the State, the canvassers cer- tify the result to the supervisor, or, in his absence, to one of the assessors of the town or ward, when such an officer exists. These statements are filed with the County Clerk. The various Boards of Supervisors in the State are required to meet as a Board of County Canvassers, at the County Clerk's office, on the Tuesday following

1 Laws of 1872. ch. 575, as amended by Laws of 1573, ch. 365, and Laws of 1874, ch. 633.

143

BOARD OF STATE CANVASSERS.

the election, before 1 P. M. In the county of Hamilton the Board meets on the first Friday following the election. The County Clerk is Secretary of the Board, and is required to send certified state- ments of the canvass to the Governor, Secretary of State, and the Comptroller, within five days after the adjournment of the Board. Certified copies must also be furnished the successful candidates. Lists of the Members of Assembly and county officers elect, with their residences, must be furnished within twenty days after a gen- eral, and ten days after a special election.

The Board of State Canvassers consists of the Secretary of State, Comptroller, Attorney-General, State Engineer and Surveyor, and Treasurer, any three of whom form a quormn. The Secretary of State is required to convene the Board at his office, or that of the Treasurer or Comptroller, on or before the fifteenth of December after a general election, and within forty days after a special election. If a majority of the Board are unable to attend, the Secretary of State is directed to notify the Mayor and Recorder of Albany of the fact, and require their attendance.

In order to carry into effect the amendment of the Constitution, ratified by the people March 8, 1864, to allow electors absent in the military service of the United States, in the army or navy thereof, to vote, a law was passed April 27, 1865 (ch. 570), repealing the law of 1864 (which allowed them to vote by sending their ballots to a friend, with power of attorney attached to the envelope), and providing for the holding of elections in camp, to be held by in- spectors duly anthorized and qualified, the result to be returned to the Secretary of State. This law has been repealed.

The Legislature, by an act passed March 11, 1880,1 provided that no person shall be eligible to the office of inspector of election or . clerk of the poll, or be qualified to act as such, unless he can read and write the English language. The same act also provided that every political organization, which shall present a candidate or can- didates at any election, shall have the right to appoint watchers at the poll, and conferred on them certain privileges to enable them to vigilantly serntinize the deposit and canvassing of votes. The Legis- lature also passed an act to secure uniformity of ballots,2 which re- quired them to be printed on plain white paper.

1 Laws 1880, ch. 56.

2 Lawy lv-0. ch. 366.

144

ARMS AND SEALS.

The Arms on the first public Seal of the province are thus de scribed : Argent, a Beaver, proper; Crest, a Coronet; Legend, " SIGILLVM. NOVI. BELGH." This Scal is shown on Plate A. It is copied from an impression in the office of the Secretary of State.1

In a paper by Adriaen Van der Donck,2 written when he was acting as an agent of the inhabitants of New Netherland to the States General, it is stated that New Netherland was called a prov- ince because it was invested by their High Mightinesses with the Arms of an Earl.

The Royal Arms of the House of Stuart constituted the second Seal of the Province under the Duke of York, which he was di- reeted to use by a Royal warrant dated February 9, 1662. Burke3 thus describes the Arms : Quarterly, first and fourth, France and England quarterly ; second, or, a lion rampant, within a double tressure, flory counter flory gn. Scotland; third az. a harp, or, stringed, ar. Ireland. Motto, " HONI. SOIT. QUI. MAL. Y PENSE." Le- gend, SIGILL. PROVINC. NOVI. EBORAC. Crest, a coronet composed of crosses and fleurs de lis. There are several impressions of this Seal in the first volume of Land Papers, in the office of the Secre- tary of State. They are incumbent; but those to the Patent of Rensselaerwyck (1685) and to the charter of the city of Albany (1686) are pendant. The latter is shown on Plate B.

The device on the third Seal was that of James II, the warrant for which bears date Angust 14th, 1687. It is described therein as having " on the one side our Royal effigies on horseback in arms over a landskip of land and sea, with a rising sun, and a scroll containing this motto, ALIUSQ. ET IDEM, and our titles round the ciremmference of the said Seal ; there being also engraven on the other side our Royal arms with the Garter, Crown, Supporters and Motto, with this inseription round ye circumference SIGILLUM PROVINCLE NOSTRE NOVI EBORACI, ETC., IN AMERICA." There is no impression of this Seal extant.

The fourth Seal was that of New England, ordered for Governor General Andros in September, 1686. By command of James II, it was in force also in the Province of New York and East and West

1 Land Papers, I.

2 " Further Observations on the Petition of the Commonalty of New Netherland." (Hol. Doc., IV, 39.) 3 Encycloparlia of Heraldry. Royal Armory.

PLATE F

S T R

ORK

THE

GREAT SEAL MIN JO ALU EX C OR 00

THE STATI

145

ARMS AND SEALS.

Jersey from August, 1688, though its use was continued no longer than April, 1689, in consequence of the Revolution of 1688. On one side of the Seal was the King's Arms, with the inscription, SIGILLYM NOVE ANGLLE IN AMERICA; on the reverse was the efligy of the King standing, his right hand extended to an Englishman and an Indian, both of whom are kneeling ; above their heads is a cherub with a seroll and motto from Clandian, NUNQUAM LIBERTAS GRATIOR EXTAT. The legend on the circumference had His Majesty's titles. A copy of this Seal presented to the Library of the New York His- torical Society is said to be unique. A fac simile is shown on Plate C.

The warrant for the fifth Seal bears date May 31, 1690. The fourth Seal served as a model, in most particulars, for this and all subsequent Seals in use in the Province, down to the Revolution; with the exception that the Englishman kneeling was changed to an Indian woman in a similar attitude, and both Indians are offering presents before the effigies of the King and Queen. On the other side of the Seal are the Royal Arms with the Garter, Crown, Sup- porters and Motto, and this inscription : Sten .. vy. PRoviNc. NOSTR. Nov. EBOR., ETC., IN AMERICA. They are the same as those on the Stuart Seal, with the addition of an eseutcheon of pretense, con- taining a Lion rampant, for the Arms of Nassan, of which house King William was a member. A copy of this Seal, taken from the commission of Johannes Abeel, Mayor of Albany, 1694, in the Al- bany Institute, and the Seal attached to the original charter of Trinity Church, New York, 1697, is shown on Plate D.

The sixth Seal of the Province was that of Queen Anne. On the one side are the Queen's effigy, the Indians offering their tokens of submission as before, and the Royal titles. On the reverse are the Stuart Arms, the esenteheon of Nassan having been removed, with the same emblems and inscriptions, and the Motto, SEMPER EADEM.

The seventh Seal was rendered necessary by the union between England and Scotland, in 1706. The colonial side of the Seal re- mained the same. On the reverse, the Royal Arms were changed in consequence of the union. On the first and fourth quarters, Eng- land empales Scotland; on the second are the lilies of France; on the third the ITarp, for Ireland. The inscription and motto are the same as before.

146

ARMS AND SEALS.

The eighth Seal was ordered October Sth, 1717, and received July 1st, 1718. The Indian figures were changed somewhat, and were of inferior merit ; otherwise the colonial side of the Seal remained the same. This being the Seal of George I, the escutcheon on the re- verse was changed, representing England, Scotland, France, Ireland, Brunswick, Lunenburgh, Saxony and Charlemagne. The inscrip- tion remained the same, but the Motto was changed to DIEU ET MON DROIT.

The Seal of George II was a great improvement on the last, as a work of art. The kneeling squaw is introduced, nude, and the in- scriptions of the two sides of the Seal were properly changed, the words " SIGILLUM PROVINCLE NOSTRE NOVI EBORACI. IN. AMERICA," being placed on the colonial Seal, and the Royal titles on the same Seal with the Royal Arms.

The Seal of George III was substantially the same, but was still further improved. A copy of the Seal is shown on Plate E.

Since the Revolution and the organization of New York as a State, the appointment by the Legislature of various commissions au- thorized to prepare devices for the Great Seal of the State has re- sulted in five marked modifications or variations from the Arms as adopted in 1778. The first was the Great Seal of 1777, impressed upon wax, which was devised by a committee1 appointed by the Convention, April 15, 1777, consisting of Messrs. Morris, Jay and Hobart, and was to be used for all the purposes for which the Crown Seal was used under the Colony. It is thus described : "A rising sun ; motto, EXCELSIOR ; legend, THE GREAT SEAL OF THE STATE OF NEW YORK. On the reverse a rock in the ocean ; legend FRUSTRA." This Seal is shown on Plate F.

The second form was the Arms and Scal complete ; embracing the Scal of 1777, and crest of the eagle on a demi-globe of the Privy Seal, with the supporters Justice and Liberty, which as combined by the new committee in 1778, consisting of Gov. George Clinton and Chancellor Livingston, gives practically what is reproduced in the fifth form of the Arms and Seals as established by the Law of 1882.

The third Seal was devised pursuant to the provisions of an act passed January 26, 1798, authorizing the Comptroller, Attorney- General and Surveyor-General to repair the old Seal, or cause a new one to be made. The commission decided to make a new one, and

1 Journal of Provincial Congress, Vol. 1, p. 882.

147

ARMS AND SEALS.

recorded a description of it January 22, 1799, as follows : "The Arms of the State complete, with supporters, crest and motto; around the same, THE GREAT SEAL OF THE STATE OF NEW YORK. On the reverse a rock and waves beating against it ; motto FRUSTRA above; 1798 below." This Seal is shown on Plate G.

The Legislature, in 1809 (March 27), passed an act authorizing the Governor to prepare a new Seal. This, the fourth Great Seal, was first used November 28, of the same year. It is thus described : "Argent ; a rising sun proper; crest in a wreath ; a demi-globe, and an eagle passant, regardant, all proper ; supporters, the figure of Jus- tice on the dexter, and Liberty on the sinister side; motto, EXCEL- SIOR ; legend, THE GREAT SEAL OF THE STATE OF NEW YORK." The design of this Seal is shown on Plate L, No. 3. The same act authorized the Secretary of State to prepare a Seal to be used for the purpose of authenticating copies of official records.

The act of 1778 approved a design for a Privy Seal which had been devised by the Commission of 1777, and directed that it be used for military commissions, and purposes for which the Seal at Arms of the Governor or Commander-in- Chief was used during the Colonial period. The device of this Seal is the crest of the State Arms, and the motto, EXCELSIOR. Three or four different dies have been used, one of which is shown on Plate L, No. 1. By an act passed in 1827, the Seal of the Adjutant-General was directed to be used on military commissions. This first Seal is shown on Plate L, No. 4, and the Military Seal on Plate L, No. 5. The Privy Seal of the Governor is shown on Plate L, No. 2.

The act of 1778 approved distinct designs for the Arms of the State, the Great Seal and the Privy Scal. The commission of 1777 adopted for the Great Seal, the shield of the Arms of the State. The commission of 1798 adopted the complete Arms of the State, with the necessary legend as the Seal; it had no authority to change the Arms; the supporters, however, were reversed, the scales and the bandage from the eyes of Justice omitted, and the drapery1 changed. While artistic license with drapery is allowable in heraldry, there is nevertheless historie significance in the Dutch costume, in connection with Liberty and Justice, which we may appreciate, even as against the classic grace of the Grecian.

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Civil List and Constitutional History of the Colony and State of New York, Part 16

Author: Publication date: 1886 Publisher: Albany Number of Pages: 1380

Author:
Publication date: 1886
Publisher: Albany
Number of Pages: 1380