New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-05-30


cratic party IL 1874 the Federslists succeeded IN
obtaining majority in the Council Of appointment
and then it was that for the first time the doc'rine
was set up By this Federal msjority not OF rigns
on the par, Of the Council 10 be 50 consulted De-
fure hand as TO the person to be appointed. but oil
apoWer IN the Council to make appointments IN
depepdeptly of the Governor, his vote counting no
more than that Of one of the members of the Coun-
eli. Such were the circumstances under "hicn
Benson vas appointed Chief Justice, and TINS
controversy continued to BE- carried on till the exp
ration Of Clnton's time Of Office, which occurred
the next YEAR, when John Jay was chosen to sue
coed him.
II is not unlikely that this sharp construction on
the part of the Federalsts had been prompted BY q
piece Of sharp practice on the part OF their oppo-
uents, by which Jay, though be had received at
the last preceding gubernsorial election an actual
majority of the votes for Governor, had yet been
deprived Of the Office. The Legislative Committee
TO whom at that time the power of canysssipg the
votes belonged, had under the inspiration of Aaron
BUR-, and contrary to what has since become the
uniform practice, taken advantage of some very
nice and technical objections as to the persons by
whom the returns had been forwarded. to reject
the votes of three counties, BY which means they
had contrived to figure up majority of about a
hundred votes for Clinton, under which manufac-
tured majority he was holding efice when the Fed
eral msjority in the Council undertook to contest
with him the power of appointment.
The election Of Jay, in 1875, as it restored the
political harmony between the Governor and the
Council Of Appointment. deprived this question, for
the time being, Of practical importance. Jay was
Of precisely the same opinion with Clinton as to the
rights Of the Governor uLder the Constitution, and
he was anxious to have those rights recognized in
formal manner; but the Federalists could notv very
WILL do nything Of the sort without etlating the
appointments made from their side during the pre-
cedng year, while the other party, so long asa
Federslist filed the Governors chair, had no par
tcular disposition to deprive themselves of the
power which majority in the Counc might give
them of controlling the appointments. Such una
iority they sctusy obtained by their triumph In
the Legislative election of 1900; nor could Jay
find any other way of defeating the claims of this
majority to nominate except to ADJOURN the Coun-
ell, thus leaving the Offices vacant.
In the following Spring, Clinton was chosen Gov
ernor over JAW and in the following Autumn,
State Convention met to decide this disputed ques
ton of the mutual powers Of the Governor and
the Council OF this Convention, Aaron Burr
was President and it was no doubt under his insP-
ration. as the head of faction jealous OF and hos
tile 10 Gov Clinton, that the Constitution was 40
amended as to confirm the claim set up BY the
Council Of Appointment, and to reduce the Gov
ernor 10 be but mere fifth member Of that Coun-
ell. with no greater power than any other member
except the right to preside
II Was under this amendment of the Constitution
Of HI, and not "a the Committee would
seem TO imply, upon the strength of general ac-
ouiescence in the rightfulness of the Councils IN
depreciation of the Constitution, that the practice
of the next twenty years proceeded
If however, the Aldermen intend to rely on this
precedent, they do not go far enough. Instead of
merely rejecting the Mayors nominees, they should
90 on and appoint by their own inherent authority.
This doctrine and practice of the old Council OF
appointment to which they refer, had at least this
in lt favor it did not form an obstacle to the hay
ing sny officers at ALL it did not expose the citizens
to die of pestileuce peuding the settlement of
constitutional question. At present the position OF
the Aldermen is precisely that of the dog in the
manger They neither appoint any body themselves
nor allow the Mayor to appoint anybody.