New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-09-29
MR.. HILL AND COLORED MEN
HIS OPPOSITION TO THE XVIII AMENDMENT
rHr prMocRAnc LEGISLATURE or $50 srRIKEs

|
AT THE AMENDMENT-MR. HILLS APPROVAL
| rFRoM SPECIAL CORRESPONDENT OF THE TRIBUSEl
ALBANY, Sept 2S.-David b. Hill, the present
| Governor OF this State, began his political life by
serving as an Assembyman from Cbemung County in the
Legislatures of 1871 and 1872 Then as now he was
partisan Democrat Of the stctest sect This feature
his character notably illustrated in the Assembly Of
1872 by his voting against the XVIII Amendment to the
Constitution Of the United States
In the year 1869 Republican Legislature approved
the Amendment As is well known, the Amendment
declares that the right of citizens of the United States
to shall not be denied or abridged by the United
States or by any State account OF race color or
| previous condition OF serytude." The object OF tho
Amendment to give cOlored mon the right to vote
A stated the Amendment was approved by the Repub
can Legislature OF 1869. When the Democratic Legs
ature of 1870 met attempted TO reconsider this action
OF the Legislature of 1869 and to recall the papers from
the United st Government approving OF tue Amend
ment Eminent lawyers held that one Legislature could
recall the consent OF another to an Amendment 10
the Constitution Once given IL could not be recalled
That opinion upheld by the courts Nevertheless
the Republicans forming the majority OF the Legislature
OF 1872 thought it good policy to declare that the acton
of The Legislature OF 1870 was an Aimwrfanted
assumption OF authority a subject matter not within
It's prurogatves" They also said In preamble TO a
resolution on subject that 10 desirable that tho
record of State of NewYOrk should be clear and
unequivocal in favor Of the said XVIII Amendment
They then passed resolution resembling the preahDie
and resolutions adopted by the Legislature OF this state
in 1870 purporng withdraw the assent Of the people
of this State previously given to the XVIII Amendment OF
| the Constitution"
| Assemblynan David b. Hill voted against all the
motions In the Legislature OF 1872 that led to this
dsapproya OF the action OF the Legislature Of 1870 and
finally against resembling OF the vote of that Legsla
ture respecting the Amendment. In eject in the year
| 1872 he voted against the XVIII Amendment Abraham
Lincoln issued emancipation proclamation In 1862,
the war was ended In 1865, the XVIII Amendment was
added TO the Constitution in 1S70-but as late as Feb
ruary g. 1872 David b. Hill expressed the opinion by his
the freedmen ought not to have the rght 10
| vote
The Journal OF the Assembly OF 1872 shows clearly
with what obstinacy Mr. Hill fought the Amendment.
The Democratic Assemtymen ander the leadership OF
John c. Jacobs Senator Jacobs first endeavored'
t strke ont the preamble of the resolution which is
| given below
| Whereas The action of the Legislature of 1870 In
entertaining and adopting the said preamble ann Iesou
ton is deemed unwarranted assumption OF antI'Or'
ity over a subject matter not within It's prerogau'es
The motion OF Jacobs defeated by vote OF OF To
90 The men who voted with him and David b. Hill Tor
the motion were Buell.. Chamberlain. Cook, Couchman
| Dunphy Foley Gregory. Haughton, A. L. Hayes,
Bealy A. HUI, Mosely, Oakley, Prince Ray, koehe, Ne
| NJ TomptIns Twombey Speaker Smith put tho
question whether the Assembly would agree 70 faVor-
able report the Judiciary Committee on the preamble
and resolution respecting the action or the Legislature Oh
! ,e-o ON the XVIII Amendment. Assembly man Jacobs
asked for division of the question: in other words that
the vote on the preamble should be separated from tha
on the resolution This request was OF course granted
Sneaker Smith stated the question to DC on the alopuon
81 the preamble, which is gwen peio" do ""'
from the Journal
Uberens The Legislature OF the State OF New York at
IT'S ANIMAL ession In 1870 adopted preamble and reso
lations In the words and figures following, TO WIZ
whereas At the last Of the LEGISLATURE Of tbis
state reamble and cone aren't resolution "erc "u0pUe
IN the words and figures following 70 VII - ,..,
whereas At the session OF the Min Cohgress II "as
resolved BY the senate aud ioe o. aembeS
two thirds OF both Houses coneurring mat tno ioi.M
ing Article shall be proposed Ia the legsi atus o. '
several states as dmont to the Constitution II
! the United states. which amendment when II Sian
: lures shall be valid to all intents and purposes as
, part of sad Constitution. namely:
/ Tie right OF citizens Of the United stles TO vote ssl
state On OF color or previous cohuoh u s
The Congress shall power enforce this article by
1be1Ss Resoed ~ the Assembly concur That
the said proposed eminent to the Constitution be ana
the same is hersby ratified by the Legislature VI 'A'
Ss'G I'd sSsrea The proposed XVIII Amendment above
oG has moi been ratified 10y the Legislatures Of three.
orths of the several and has not become part
OF the Constitution OF the United states anu g., tho
i"taTs here now assembled desires TO withdraw tho
cor sent expressed in the above reei'eo eoheuIeN'
Tor mcreCore be rso'cd IL the Assembly co1cG
That the above recited concurrent resolution NC anu '''
hereby repealed rescnded and annulled IT,, .,,,
T.aff he Lee
, Tho Shnye reclted proposed XVIII Amendment TO
tbe Constitution OF the United states anu ,am
absolutely any expression Vi CONSENT ho'o'''o'' o
thereof. ~, A. ,.oor,hlv concur, That
,ba nvcrnor be requested transmit copy Oh ueso
resolutions and preamble to the secretary Vi ~ the
@ and House OF Representatives OF the United states
, aud the Governors OF the several states. ,., ,
Ind Whereas The said preamble ana reSolntlons ", -
transmitfed 10 and are file III the DePtItn"n
state at Washington and pnrpoIt To- @ Nv he XVIII
amendment the Federal Constitution previous! 49,
nv the legislature of this state to whlch Fhu ANen"
nieut had been regularly prof. oseI anu f 1870 in
WL.rers The action OF the LEGISLATURE OF ioio III
ertainng and adopting the sald preanpe auu
ton is deemed unwarrdnted assumption 4L a"'o''
Ind WbSrrGs IL is desirable that tue recoru Oh lno
state OF New York shall be clear anu unelu''o'"' "
, favor Of the said XVIII Amendment, therefore
The Speaker put the question whether the HOUSE
Eould agree to the said preamble ana IL was
I'm the Affirmative. The vote was; Ayes oo naSs,
Among those who voted in the negative was DaNiu d.
Hill The Assembly then adopted the following "npV'-
rt resolution David b. Hill voting IN the negatives
Dssoyred az the Assembly concur, That the preaoe
and resolutions adopted by the LEGISLATURE OF ,ls
in $40 purporng to withdraw the assent o ni -,
,hi state previously TO the XVIII AOenumcht of
the Constitution be and the same are Heieo! ''
There were Il given in favor OF thls resoIuo
and only ID against it. As stated aDoVe MI nm va"
one OF those who voted against It, HIS reeor tne'e'''
AZ persistent opponent OF the ANth Alenuine"' "
. clear.
y BLOVIyG HIS FACE OFF
.Joseph Bryning, age sixty-eight, OF MI
v.rnon committed suicide yesterday by blowing ~,
.reotaned bis wife and son-iaw, ana upon lhe su.'
g hn, himself Coroner Tice held an inquest anu 'ei'