New-York tribune., 1906-08-18
ri, Political and Constitutional His
torn of Ne1U York State.

TlrrTF
,o,ysTTrrTTToNAL HISTORY OF NEW
>l4SoSK. from the beginning q the Colonial
psr.od 20 the year 80 SLOWING the Original
psye1Taisooini. ps,yeuion By Charles z Lincoln. In Five
ToiaHes syo Pp 4xx .SS zy5 rs; yv:ii 49,
iAssing Company
,.--.sentative Alexander's study OF New York
-. ,s 4 book for the perusal OK the political
p,-,st A great deal is heard IN this day
=. ,olItfcaI bosses, subservient and corrupt
s.-s,,rres and low standards Of business
N.-,.y. These rages do full justice to q long
- statesmen who have played their part In
.ssirs OF this state and 20 the really great
--..vuctive work that has been done here. Yet
-, tnpossible 70 review the course OF New York
u,,s without being impressed with the fact
=, much higher standards OF political morality
.-.rau at present than in the days of George
"a De Witt Clinton. OF Tompkins, Ambrose
s-.nssr and Van Buren. There never was a
---s absolute boss in New York politics than it's
60 Governor George Clinton. A majority Of
:. people voted for John Jay for Governor in
,7e but he was counted out by the most out
.,-gous perversions of the technicalities Of the
az IN the face Of well established precedents
"a eorrt decisions. Hamilton's famous request
:, Jsy fo- e change f. the method OF choosing
ss-rors. 10 deprive the Republicans OF the fruits
.,belr victory in 1900 was not an evidence of
-,s-ior morality on his part He merely sug-
s,gs6 a piece of political sharp practice Of a
sss well naturalized IN New York OF which his
,ooneuts would have had little right 70 COM
-,zn The plan was rejected not so much be-
sase it would have shocked popular sentiment,
Is because ~ Jays unusual austerity and high
rindedness
TIE hrst constitution IF New York promul-
ested II 1771. was drafted by Jay. Considering
srthe circumstances. II was a renlarka bic docu-
-esL L had the great virtue Of establishing a
1sE government without attempting 70 sweep
srsy Old political and social foundations. The
,suptstioH Of The time. especially shown IN
PsnnsylvsHla, vas 10 Try untrod paths OF radf-
slsn. Jay built firmly or the foundation OF
English common law and political custom,
-s5elv adapting his institutions 70 the new con-
tnions. and in this respect he made a model
Constitution. afterward copied by other A-neri-
On states Aside from creating court for the
Eal of inpeac achnlent and the correction Of
erors, he made no provision for the adnlinistra-
ti0n Of justice. an1 left the old Colonial courts
70 perform their functions without even specia-
Ellly continuing them or mentioning them. except
incidentally Nevertheless il would have taxed
ne ingenuity Of man 10 draw up q system of
ErvernHert more adapted 70 promote the par
dcular political evils for which New York has
bssn no-ed- New York is said TO have been the
hene o. the spoils system The spoils system
vas embodied n its constitution. Fearful Of Civ
hg he Governor too much power, Jay estab-
kaed Council Of appointment. chosen by the
Assembly from among the Senators, and, as
s-acacally al officers in the state, including the
zayo-s Of cities. we're a. its mercy. a most
ssaRtic scheme Of patronage was established.
Ua every change in the political complexion Of
u Assembly was followed by wholesale ex-
rEon ot offceholders
Another fertile source Of evn was the drag
ghg o. the Judges into politics. The Governor
had 70 veto power except as q member Of the
Council oE Revision. which consisted OF himself.
ne Chanceilor and the three judges Of the su-
vgsns Court The Chancellor, the three Judges,
The eera tors and the president Of the Senate also
eoasrtu-ed Tie Court Of Errors and Impeach-
nen- This followed the practice Of the Colonial
g0Te-nm lis eject was 10 keep the judges
f. polite ana bring politics into judicial de
esons Judges were always r7eddling in af-
fairs. ard -eouentFy left the bench 10 take
political of-ee. Daniel Z. Tompkins built up his
political power as a Judge by substituting sym
pafhy fo- severity and Chief Justice Ambrose
Spencer was long one Of the most active and
powerful politicians in the state. So much was
poiit.cs mixed Up with justice, that when, in
le2e Judge John Wooiworth, in the Council OF
RsT1z.or turned against Governor Clinton on
he matter IF & constitutional convention, CIin-
ioa's enemies the Bucktails, or Tammany men,
Il the senate sitting as court OF errors, re-
Tarded him hy reversing a judgment against
hin fo- several thousand dollars. overruIing
ne opI-i7l OF Chancellor Eent-
B-!bery was not q crime in New York until
lsB. ana public opinion was not much in ad
vance of The law. L was regular thing for
Corporations especially banks desiring charters,
70 o1er their stock for sale 10 members Of the
legislature. with the promise that when it was
o1oe established the shares would increase in
value. This was done openly and as a matter
G. course. The members were not expected TO
grant charters unless they were 10 benefit them
selves as well the public Perhaps nothing
More clearly illustrates the state Of public feei-
.as O. nc SUI Ject than tbs comment Of Erastus
Root Just then. IN 1903 entering upon his first
.sE-a in Congress. on the charter Of the State
Bang Of Albany:
-1ere VS. nothing Of mystery IL the passage Of
~ * osk lie pTo1ectoIs sought - push II forward
- spEesdlg the stock among the influential Re
f--.--a--S o. the stale including members OF the
-ssiS,atuie. and carry i through as party meas
-. - \ W4s argued BY the managers Of the scne!ne
60 tie STOCK would he above par IN order to In
he measure. 6lit notrtnc IN the transaction had
- --asl se-rhlance of corrupt influence. NO one
Solo hesitate from motives OF deIicacy 70 ofIer
s.--.-9s. nor for liI TO take, shares IN q paflA
'-eT Than il turnpike or al old canal
Set Root was a talented. patriotic and honest
-sa. Two wears later, however he, in common
VIII other men had come 70 see the evil Of this
b'seroe The history OF New York politics is
.@iy history os the gradual Improvement IN
--slaods and of the development Of higher moral
sSAssTds Each decade saw practices discoun-
1Nacs- Fhich would have passed current with
As oest people few years before, and each
'1lsatgtion expresses a popular desire for better
sV'erl-aart and embodies provisions to secure IL
NAach would have had little no support in