The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-07-08

man, and only one possessing q freehold
OF tho value Of Ei00, free from all debts,
could vote for O Senator or for the Governor.
How far the franchise, thus restricted, was
from universal suffrage will DO bviou
when we recall that az late as 1870 only
1 ,303 Of the IL, $50 male residents OF New
York city possessed sufficient property to
enable them to vote for Governor. Even
this rigorous limitation Of the franohiss
did not allay the dread Of popular incapacity
and untrustworthiness felt by John Jay,
who framed, and by the State convention
which adopted. the Constitution OF It'll. 1t
was feared that the legislators themselves,
though 30 carefully selected. might prove
inefficient, and that laws inconsistent with
the spirit Of this Constitution, or with the
public good, might be hastily or unadvisedly
passed. Accordingly, q Council Of Re
vision mot, Of course, to he confounded
with the Council Of Appointment) was
created, composed Of the Governor, the
Chancellor and the three Judges OF the
Supreme Court, or any two Of them acting
with the Governor, who shall revise all
bills about to be passed into laws by the
Legislature" II the Council failed to act
within ton days after being put in posses
sion Of q bill, or II two-thirds Of each house
should approve 1t after the Council OF Re-
vision ~disapproved 1t, the bill was to become
law.
Evidently the political community thus
organized was to be an oliparohy, but the
question at once arose whether executive
power should be concentrated in the Gov
ernor, deriving his authority directly from
the qualified voters, or in appointees OF the
Legislature. The question was answered
by q compromise. The new Constitution
declared that sherihs, mayors Of cities,
district attorneys, %coroners, county treas
urers and all other officers in the State
except the Governor, the L~ieutenant-Gov-
ernor, the State Treasurer and town officers
should be appointed. Who should make
the appointments2 The twenty-third ar
ticle Of the State Constitution provided that
all officers, save those expressly excepted
by the organic law, should be appointed In
the manner following: The Assembly should
once in every year openly nominate and
appoint one Of the Senators from each OF
the four great DISTRICTS which four Sem
ators should form a council for the appoint
ment OF the said officers. or that council
the Governor was to be president and to
have q casting vote, but no other vote;
and it was to be his duty, with the advice
and consent Of the said council, to appoint
all Of the said officers. Experience showed
that the compromise was a bungling one.
The intention had been that the Governor
should nominate and the council confirm,
and that in the event OF a tie the Governor
should nave the casting vote. In practice,
however. the article just reproduced SUD-
ordinated the Governor TO the council
whenever q ma ority Of the Assembly was
politically opposed to him, and the annual
election OF the council greatly increased
the chances OF such opposition. When
finally the Council Of Appointments set
up the claim that the right to nominate
was vested concurrently in the Governor
and In each OF the four Senators, 1t prac-
tically stripped the chief executive OF the
appointing power.
OF the candidates suggested as fitted FOR
the first Governorship Of the State OF New
York-the Governor was to hold office
for three years-Philip Schuyler, Of Dutch
descent; John NORM Scott, the grandson
Of q Sootchman; John Jay, Of Huguenot
origin, and George Clinton, the son Of an
huklO. C1hikIahbp WOA0
John Jay himself recommended Philip
Schuyler for Governor and George Clinton
for Lieutenant Governor. As a matter OF
fact, Clinton was elected to both offices
and naturally chose the G~overnorship.
Clinton was at this time - years old. His
life from youth had been a record OF pre-
cocity. Before the Revolutionary War
began he had passed through a long, varied
and brilliant career. At l5 he had manned
an American privateer; at 10, as a Lieu
tenant, he had accompanied his father In
O successful assault upon Fort Frontenac;
at 20, In the Colonial Legislature, he be-
oame the rival OF Philip Schuyler for the
leadership and influence that enabled q
patriotic minority to resist the aggression
OF Great Britain; ut 80 he had held q seat
in the Second Continental Congress. where
he voted for the Declaration Of Independ-
ence, and commanded q brigade Of Ulster
county militia. When the outcome Of the
election was known Schuyler wrote to Jay:
sClinton's family and connections do not
entitle him to so distinguished a preemi-
nence,' but he added in the next line: He
IL virtuous and loves his country, he has
ability and 10 brave, and hope he will
experience from every Phtriot euPPorl,
countenance and comfort Washington
already appreciated his merits. 'His char
aoter will make him peculiarly useful at the
head Of your State" he wrote to the New
York Committee Of Safety.
At each ~triennial election for twelve
wears, or ever s'noe the adoption Of the
State Constitution in 1777. George Clinton
had been chosen Governor. His strenuous
opposition to the adoption Of the Federal
Constitution, framed at Philadelphia In
17s7, provoked the resentment Of the sdvo-
Gates Of the Union. and In 1850 Alexander
Hamilton, who had become the leader Of
the Federalists, adroitly put forward for
the ~Goyernorship against Clinton one of
the latter's former friends and coad tutors,
Robert Yates, an anti-Federalist Judge
Of the Supreme Court. Cooperating with
Hamilton on Yates's behalf we're John
jay, Robert r. Livingston, William Duer
and James Duane. On the other hand,
John Lansing, who was to succeed Robert
R. Livingston as Chancellor; Samuel Jones,
the frst State Comptroller: Melancthon
Smith, who had been at the head Of the anti
Federalist forces in the New York State
convention, and Gilbert Livingston of
u,kn hol haan 49, - A.