The New York herald., 1874-07-09
Re MOvAL OF CIiY OFFICERS IN
OLD TIMES.

Clinton, while holding the Office Of Mayor OF New
York, was removed by the Governor and Council.
Clinton resigned his seat in the Senate in the sum-
mer OF 1908 TO assume the Office Of Chief Magistrate
OF this city, under an appointment made by George
Citation tActing Governor), as the successor Of
Edward Livingston, then recently appointed United
States District Attorney. AT that time the mayor
atty was dignined position, and it was sought
after by mon OF the most elevated standing and OF
the highest Order Of talent. The judicial powers
annexed TO the Office were great, and the emou-
ments SO large as to render II very desirable
In pecuniary point of view. Mr.. Clinton
continued to hold the post by annual ap-
pOintment till the winter OF 1907, when he was
removed by the Council consisting of Q majority
of his political opponents. He was reappolnted in
1909; but he became so Objectionable to certain
parties that they insisted on mis- place being made
vacant. The influence welded by the incumb ent
was considerable, and 1t was thought necessary
that the office should be filed by some other per-
son. In January, 1915, he was removed, and the
blow was severe one to him. Tne law was. OF
course, different from what II is at present, but
the power OF removal was practically IN the Ex-
ecutiye. Clinton on eacn occasion was deprived
OF oiace before the term Tor Which he was ap-
pointed had expired.
4 RECORDER REMOVED.
An instance OF the exercise OF the Governors au-
thoriry In reference to the removal OF Judicial
officers in this city s Of more recent date. ROoert
II. Morris was Recorder o New York In lS40, and
the Legislature the year previous re0rganzed the
Court OF Sessions by dispensing with the services
OF Aldermen on the Bench. Inc Recorder treated
the law as - uuliIty, and allowed the Aldermen to
m Of bsne IL s buna ana iGs 40 app
cation was made 70 Governor Seward Tor the re-
moval Of Norris from office. The request was not
compiled with, Oh the ground that no improper or
corrupt motive was attributed to nim, and 1t was
Thought better to leave the question ior she con-
the Senate possessed power 10 remove judicial
officers upon the recommendation Of the Coy
seward was caea ' upon on to "'ssa scs again In
reference to the Recorder The election
there ' were rnmors oi contempisted @ extensive
frauds at the ballot boxes. The Recorder, a lew
days before It TOOK place, proceeded IN the night
him certain papers, alleged to con ain evaence OF
extensive frauds perpetrated on the e.ective fran
caise which were believed TO be IN his possession
criminal complaint had been made against the
prisoner, which dad not Involve the charge of hav-
Ing unlawfully 0otaned the documents 80 de-
manded. The citizen heslrated to deliver the
PACKAGE The Recorder tneD declared that # he
did not hand over the same he tthe R,corder),
would search Tor the papers and forciby seize
tn m by virtue OF his authority as magistrate
Under this threat the papers were delivered.
ACTION OF THE GOVERNOR.
soon after these proceedings the Recorder. in
charging the Grand jury in the Court OF General
Sessions, JUSTIFIED MS actions and declared tnaL
tney were IN accordance with law. Upon this state
OF facts another application tor has remova was
liberation, was satisfied shat any searcn warrant
for the private papers Of the accused, winch were
not alleged TO have oeen stolen Or unaw!ully ac-
qulred, would have been violation OF the most
sacred private rights, and that the matter ag-
gravated Dy tne mixture OF judicial and executive
functions, derogatory from the station OF the
Judge and dangerous TO the personal rights OF the
citizen Further, IN availng nlnself OF his station
a. Judge TO defend and vindicate ms conduct
before the Grand Jury, who by law could only re-
ceive testimony on behalf OF the people, the Re-
corder Obtained an improper advantage, denied to
al other citizens under similar cIrcumst tances
which, II permitted to pass without censure might
become q precedent oil alarming tendency. Ac-
cOrdlngly the Governor recommended the removal
OF Mr. Norris, and majority OF the Senarc
similarity in tue OF the Recorder with that Of
Mayor Havcmeyer Thc difficulty in each case
arose ont Of election matters anu partly out OF an
attempt to evade the Jaw. Both Offices are Of
great Importance, and Governor Seward was
waited upon by q committee OF citizens as Gov
ernor DIX has been waited upon in the case OF the
present Mayor 10 ask Tor the removal Of the Offend
ing lunctionary. Seward moved with remarkable
ceerty for one Of his first after the Legislature
assembled in January, 1884, Was to send message
TO the Senate recommending the removal OF
Morris.