USA > New York > History of the state of New York, for the use of common schools, academies, normal and high schools, and other seminaries of instruction > Part 20
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16. The annual report of the Superintendent of Common ·Schools exhibited a gratifying increase in the number of schools and of children taught. On his recommendation the general school law was revised and consolidated, and its provisions were, with necessary forms and instructions, published and distributed among the several school districts of the State.
17. The April elections terminated favorably to the friends of Governor Clinton in both branches of the Legislature. Mr. Van Buren was soon afterwards removed from the office of At- torney-General, and THOMAS J. OAKLEY, of Dutchess, appointed in his place. During the summer an animated controversy was maintained between the State Comptroller, ARCHIBALD MOIN- TYRE, and Vice-President TOMPKINS, in reference to the settle- ment of the accounts of the latter under the act passed by the late Legislature. The deficiency of these accounts amounted to about $120,000 out of an expenditure of several millions, and were chiefly explainable by the unmethodical manner in which they were kept, and the urgency of the crisis in which the funds
Amendment of the canal law. - Appointment of Henry Seymour as Commissioner. - JJudicial appointments. - Settlement of Vice-President Tompkins's accounts. - Report of the Superintendent of Common Schools. - Revision of the school law. - Result of the spring elections. - Attorney- Generals. - Controversy between the Vice-President and the Comptroller.
205
RE-ELECTION OF GOVERNOR CLINTON.
were expended. No moral delinquency was attributable to or charged upon the Vice-President. On the 22d of October the first boat on the Erie Canal sailed from Rome to Utica with Gov- ernor Clinton, Chancellor Livingston, General Van Rensselaer, and other distinguished citizens on board.
18. The Legislature reassembled early in January, 1820. 1820. Rerrs KING was unanimously re-elected United States Senator, and joint resolutions were unanimously adopted in opposition to the admission of Missouri as a State, with a con- stitution permitting the existence of slavery. Several ineffectual efforts were made in the two Houses for the adjustment of the pending controversy between the Vice-President and the Comp- troller, but no definitive result was reached.
19. An exciting political contest now ensued between the candidates of the rival parties for Governor and Lieutenant-Gov- ernor at the approaching spring election. The Democrats placed in nomination Vice-President TOMPKINS for the former, and General BENJAMIN MOOERS, of Clinton, for the latter office. Governor CLINTON and Lieutenant-Governor TAYLER were re- nominated by the Clintonians, and, after a spirited canvass on both sides, re-elected by about fourteen hundred majority. The Democrats succeeded. however, in carrying a majority of both Houses of the Legislature.
20. The success of Governor Clinton at this time was due in a very great measure to his popularity as the leading champion of the canal interest. During the progress of that great work a decided revolution had taken place in the public mind as to its practicability and prospective value, and the agricultural and mercantile interests of the State especially looked forward to its completion with the highest expectations of success. To the merely kval issnes of the canvass they were comparatively in- different : but on this absorbing question they were determined to sustain be alle and far-seeing statesman who had identified himself and his administration with the splendid system of in- ternal imyn vement now in progress.
First bout em the Erie Canal. - Proceedings of the Legislature. - Re- election of Rafts K as United States Senator. - Exciting political cam- paign. - Reverte of Governor Clinton and Lieutenant Governor Tayler. - Republican mamas in the Legislature. - The canal policy.
206
SIXTH PERIOD.
21. The Legislature reassembled in November for the ap- pointment of presidential electors. Governor CLINTON, in his address, recommended the passage of a law for the choice of presidential electors by the people, and for the calling of a con- vention for the amendment of the State Constitution. He also entered a solemn protest against the interference of the officers of the United States Government with the State elections.
22. After the choice of presidential electors, General Roor, of Delaware County, introduced a bill declaring the incom- patibility of the existence of slavery in this State with its con- stitution and laws. No action was, however, taken upon the proposition, although it was ably supported by its mover. On the 10th of November a bill was introduced and passed accept- ing a release, on the part of Vice-President Tompkins, of all claims against the State, and directing the Comptroller, on filing the same, to balance all accounts between the respective parties.
23. The bill for the call of a Constitutional Convention passed both Houses on the 18th, but was rejected by the casting vote of Governor Clinton in the Council of Revision. After calling upon the Governor for proof of his charges of interference on the part of the officers of the general government with the State elections, and the interchange of a few brief but spicy messages between the Senate and Governor, the Legislature adjourned. Messrs. MONROE and TOMPKINS were re-elected President and Vice-President without serious opposition.
Choice of presidential electors. - Governor's message. - Proceedings of the Legislature. - Settlement of the controversy between the Vice-President and Comptroller. - Re-election of President Monroe and Vice-President Tompkins.
207
THE STATE GOVERNMENT.
CHAPTER XI.
SECOND ADMINISTRATION OF GOVERNOR CLINTON. - CONSTITUTIONAL CONVENTION OF 1821. - ADOPTION OF THE NEW CONSTITUTION.
1. Ox the 2th of January, 1821, the Legislature again 1821. assembled, and on the 17th the Governor transmitted a special message, containing specific and voluminous proofs of his allegations in reference to the interference of the general gov- ernment in State elections. A new and amended bill was in- troduced, and passed both Houses, providing for the call of a Constitutional Convention, subject to the approval of the people at the ensuing spring election. MARTIN VAN BUREN was elected United States Senator to fill the vacancy occasioned by the expira- tion of the official term of Nathan Sanford and WILLIAM C. BOUCK, of Schoharie, appointed an additional Canal Commissioner.
2. GIDEON HAWLEY, of Albany, was at this time removed by the Council of Appointment from the office of Superintendent of Common Schools, - a position which he had occupied for eight years to the universal acceptance of all parties, and with the greatest ability and fidelity to the important interests confided to his charge. His successor was Welcome Esleeck, a young lawyer of Albany, so utterly incompetent for the position that the Legislature abolished the office, devolving its duties upon the Secretary of State.
3. The joint committee of both Houses, to whom was referred the special message of the Governor, presented their report on the 15th of March, commenting with great asperity on the lan- guage of the message, submitting counter-evidence to its charges, and concluding by expressing the opinion that no extraneous influences had been shown to exist in any State election. The Legislature finally adjourned in the latter part of March.
Proceedings of the Legislature. - Governor's special message. - Bill for Constitutional Convention. - Election of United States Senator. - Ap- pointment of Canal Commissioner. - Proceedings of the Council of Ap- pointment. - Abolition of the office of Superintendent of Common Schools, and devolvement of its duties on the Secretary of State. - Report of the joint committee on the Governor's special message.
208
SIXTH PERIOD.
4. The April elections resulted in a decided Democratic tri- umph in both branches of the Legislature, and a majority of nearly seventy-five thousand for the proposed convention for the amendment of the Constitution. On the third Tuesday of June an election was accordingly held throughout the State for the appointment of delegates from the several counties.
5. Although a large majority of these delegates were mem- bers of the Democratic party, political distinctions and local residence were, in many parts of the State, set aside for intellect- ual ability and high moral worth. Mr. VAN BUREN, though a resident of Columbia, was returned from Otsego ; and Vice-Presi- dent TOMPKINS, Chancellor KENT, Judges SPENCER, VAN NESS, and PLATT, NATHAN SANFORD, of New York, JOHN DUER, from Orange, Colonel YOUNG, of Saratoga, General ROOT, of Delaware, SAMUEL NELSON, of Cortland, RUFUS KING, ABRAHAM VAN VECH- TEN, and STEPHEN VAN RENSSELAER, of Albany, ELISHA WILLIAMS, of Columbia, and several others of the most distinguished citi- zens of the State, were elected to this body.
6. The convention assembled at the capitol, in the city of Albany, on the 28th of August, presenting an array of talent, political ability, public experience, and weight of personal char- acter unsurpassed by any similar body of men heretofore con- vened in the Union. One hundred and ten delegates were present ; and after having been called to order by General Root, DANIEL D. TOMPKINS of Richmond, Vice-President of the United States, was, with almost entire unanimity, elected President, and John F. Bacon and Samuel L. Gardner, Secretaries. Wil- liam L. Stone, editor of the New York Commercial Advertiser ; Nathaniel H. Carter, of the Statesman ; Moses I. Cantine, of the Albany Argus ; Marcus T. C. Gould and Levi H. Clarke, stenog- raphers, - were forinally admitted within the bar as reporters.
7. The Convention remained in session for two months and a half, during which period the debates and discussions were of the highest interest, and conducted with the most signal ability. The right of suffrage was extended to every male citizen of the
Spring elections. - Triumph of the Democracy. - Delegates to the Con- stitutional Convention. - Meeting and organization of the Convention. - Proceedings of the Convention. - Character of the debates. - Extension of the right of suffrage.
209
THE STATE CONSTITUTION.
age of twenty-one years and upwards, with no other restriction than that of residence and exemption from criminal conviction, and the requisition of a freehold qualification of two hundred and fifty dollars in the case of colored voters. The councils of appointment and revision were abolished, the functions of the former being devolved upon the Governor and Senate, and of the latter upon the Governor, who was vested with the veto power.
8. The judiciary system was remodelled by the substitution of circuit courts in eight judicial districts, into which the State was divided, in place of the previous system of trials of im- portant issues before one of the judges of the Supreme Court ; the reduction of the Supreme Court to a Chief-Justice and two Assistant Justices, with the right of appeal to the Senate, Chan- cellor, and Judges of the Supreme Court, sitting as a Court for the Correction of Errors, the several judges to hold office until the age of sixty years, unless previously removed for cause ; and the appointment of a chancellor, for the determination, subject to the same right of appeal, of all cases of equity jurisdiction. The various county courts of Common Pleas and General Sessions, and Justices of the Peace in the several towns, were retained, the judges and justices to be appointed by the Governor and Senate.
9. The legislative department was declared to consist of a Senate, composed of thirty-two members, distributed equally over eight Senate districts, elected for four years, one fourth of this number going out each year, presided over by the Lien- tenant-Governor, with a casting vote ; and an Assembly con- sisting of one hundred and twenty-eight members, apportioned among the several counties according to population, and an- nually elected. A Governor and Lieutenant-Governor were to be biennially elected, and the several State officers, with the exception of the Adjutant-General, chosen by joint ballot of the Senate and Assembly once in every three years. Sheriff's, county clerks, and coroners were to be elected by the people of the several counties for a term of three years.
10. After adopting these various provisions, and also a sec-
Judicial system. - Legislative and executive departments. - County and State officers.
14
210
SIXTH PERIOD.
tion requiring the call of future conventions for the amendment of the Constitution on the expiration of each period of twenty years thereafter, and authorizing the Legislature, in the mean time, by a two-thirds vote, to submit any amendment deemed requisite to a popular vote for its ratification, the Convention finally adjourned on the 10th of November ; and at a special election, held in the ensuing February, the new Constitution was approved and adopted by a majority of thirty-four thousand votes.
Provisions for future amendments. - Adjournment of the Convention. - Ratification of the Constitution by the people.
Aqueduct Bridge on the Erie Canal at Little Falls.
SEVENTH PERIOD.
FROM THE CONSTITUTION OF 1821 TO THE CON- STITUTION OF 1846.
CHAPTER I.
ADMINISTRATION OF GOVERNOR YATES. - THIRD ADMINISTRATION OF GOVERNOR CLINTON. - THE ELECTORAL LAW. - PEOPLE'S PARTY. REMOVAL OF GOVERNOR CLINTON AS CANAL COMMISSIONER. - RE- ELECTION AS GOVERNOR. - VISIT OF GENERAL LAFAYETTE. - STATE ROAD. - COMPLETION OF THE CANAL. - GRAND CELEBRATION.
1. THE Legislature assembled on the 2d of January, 1822. 1822. Governor CLINTON, in his address, after adverting to the importance of protection to the domestic manufactures of the State, congratulated the Legislature on the rapid progress of the canals, and the probability of their carly completion,
Meeting of the Legislature. - Governor's address.
212
SEVENTH PERIOD.
and recommended various modifications of the civil and crim- inal laws. The two Houses then proceeded to apportion the members of the Assembly among the respective counties, pre- scribe the time and manner of appointing State and county officers, and divide the State into thirty congressional dis- tricts.
2. The new Constitution having provided that no lottery should hereafter be authorized. in the State, and directed that the sale of tickets, except in lotteries already established by law, should be prohibited, John B. Yates and Archibald Mc- Intyre were appointed managers of the existing State lottery for the provision of funds for the several colleges and academies theretofore authorized by various legislative acts. This trust was faithfully executed by these gentlemen, in accordance with the spirit of the endowment ; and at its termination, within a short time afterwards, this objectionable system of supporting the literary institutions of the State, was abandoned.
3. The time for holding the general State elections having been changed by the new Constitution from April to the first week in November, JOSEPH C. YATES, of Schenectady, one of the judges of the late Supreme Court, was elected Governor, and Gen- cral ERASTUS ROOT, of Delaware, Lieutenant-Governor, with no other opposition than that of SOLOMON SOUTHWICK, a self-nomi- nated candidate for Governor, who received a few scattering votes in different sections of the State. Both branches of the Legislature were overwhelmingly Democratic.
1823. 4. This body met and organized on the 7th of January of the ensuing year. Governor YATES transmitted a brief message to the two Houses, recommending the early passage of the various laws necessary to carry into effect the provisions of the new Constitution, and suggesting improvements in the penitentiary system of the State, and a general revision of the statute laws. The new Supreme Court was organized by the appointment of JOHN SAVAGE of Washington as Chief-Justice, and JACOB SUTHERLAND of Schoharie, and JOHN WOODWORTH
Abolition of lotteries. - State literature lottery. - Election of Joseph C. Yates as Governor, and Erastus Root, Lieutenant-Governor. - Democratie majority in both Houses. - Meeting of the Legislature. - Appointment of Chancellor, judges of the Supreme Court, and circuit judges.
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213
THE CONSTITUTION OF 1821.
of Albany, Justices. NATHAN SANFORD, of New York, was appointed Chancellor, with circuit judges in the several judicial districts.
5. On the 13th of February the Legislature, by joint ballot, made choice of JOHN VAN NESS YATES, of Albany, as Secretary of State and ex-officio Superintendent of Common Schools; WILLIAM L. MARCY, of Rensselaer, Comptroller ; SAMUEL A. TALCOTT, of Oneida, Attorney-General ; and SIMEON DE WITT, of Albany, Surveyor-General.
6. At the fall elections the Democratic organization through- out the State was divided upon the question of the choice of presidential electors by the people ; and a new party sprang up, known as the " People's Party," which received a consider- able accession of strength at the polls, and succeeded in carry- ing several of the largest and most Democratic counties in the State.
7. On the 6th of January, 1824, the Legislature again 1824. convened, and Governor YATES, in his message, repeated his recommendation for a general revision of the statutes of the State, urged the importance of encouraging domestic manu- factures by an increase of duties on foreign importations, and called the attention of the Legislature to the subject of such a change in the electoral law as would give to the people the choice of presidential electors. A bill was accordingly intro- duced at an early period in the Assembly, in accordance with these views, but requiring that the persons so elected should have received a majority of all the votes cast; and in this shape it passed the House by nearly a unanimous vote. In the Senate, however, it was indefinitely postponed by a vote of seventeen to fourteen.
8. On the last day of the session, and a short time previous to its final adjournment, the Senate, on motion of Mr. Bowman, of Monroe, passed a resolution for the removal of DE WITT CLINTON from the office of Canal Commissioner, which was im- mediately concurred in by the House by a large majority.
Election of State officers. - Fall elections. - The "People's Party." - Legislative proceedings. - Message of the Governor. - Choice of presi- dential electors. - Defeat of the electoral law. - Removal of Governor Clinton as Canal Commissioner.
214
SEVENTH PERIOD.
This unjustifiable procedure created an intense feeling of popular indignation throughout the State, and, in conjunction with the rejection of the electoral law, gave a powerful im- petus to the People's party. Large and enthusiastic public meetings were held in the principal cities of the State, denoun- cing the action of the Legislature, and warmly approving the high public services and character of Governor Clinton.
9. On the second day of June, Governor Yates issued a proc- lamation convening an extra session of the Legislature on the 2d of August for the reconsideration of the subject of the electoral law. A full attendance of the members of both Houses was obtained ; and, after listening to the Governor's message, re- citing his reasons for the call, Mr. Flagg, of Clinton, offered a resolution for an immediate adjournment, on the ground that no necessity for special legislation at this time existed. The House, after adopting a resolution in favor of the passage of the electoral law, concurred in Mr. Flagg's motion, and, with the assent of the Senate on the 6th, an adjournment to the first Monday in November was carried.
10. At the November election, DE WITT CLINTON, previously nominated by a State Convention at Utica, was re-elected Governor, over Samuel Young, by a majority of nearly seventeen thousand votes; and General JAMES TALLMADGE, of Dutchess, Lieutenant-Governor, over General Root, by a majority of up- wards of thirty-two thousand, he having received the undivided support of both the Democratic and People's party. The latter party secured a majority of three fourths of the Assembly, and elected six of the eight senators. Mr. Bowman, the mover of the resolution for Governor Clinton's removal as Canal Commissioner, was defeated by an overwhelming majority in the seventh district by Mr. John C. Spencer.
11. On the 2d of November the two Houses assembled for the choice of presidential electors. At this period five promi- nent candidates for the Presidency were in the field, and public opinion throughout the Union was divided on their respective
Intense public indignation. - Extra session of the Legislature. - Election of Governor Clinton and Lientenant-Governor Tallmadge. - Triumph of the People's party in the Legislature. - Defeat of Mr. Bowman in the seventh district. - Choice of presidential electors. - Candidates for the Presidency.
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215
GENERAL LAFAYETTE'S VISIT.
claims to support. WILLIAM H. CRAWFORD, of Georgia, was the Democratic candidate, placed in nomination by the con- gressional caucus. JOHN QUINCY ADAMS, of Massachusetts, Sec- retary of State of the United States, was the candidate of the national administration. HENRY CLAY, of Kentucky, late Speaker of the House of Representatives ; General ANDREW JACKSON, of Tennessee ; and JOHN C. CALHOUN, of South Caro- lina, Secretary of War, - were respectively nominated by their personal and political friends and admirers in different sections of the Union. Mr. CALHOUN's name was subsequently with- drawn, and he became a candidate for Vice-President. On joint ballot of the Senate and Assembly thirty-two electors in favor of Mr. Adams and four in favor of Mr. Crawford were chosen.
12. On the 15th of August of this year, the illustrious LA- FAYETTE, the companion-in-arms of WASHINGTON during the Revolutionary struggle, arrived on our shores, in the ship Cad- mus, by invitation of the United States Government, on a visit to the country of his adoption, after an absence of forty years and a brilliant but diversified career. He landed at Staten Island, and remained as the guest of Vice-President TOMPKINS until the next day, when he was escorted to the city of New York by a large naval fleet. Landing at Castle Garden on the Battery, amid the ringing of bells, the salutes of artillery, and the shouts of the multitude, he was welcomed by the Corpora- tion, conducted to the City Hall, and became the guest of the city for several days, visiting the public institutions and holding crowded levees of the citizens.
13. From New York he made a tour through the principal cities and villages of the Union, everywhere receiving magnifi- cent ovations from a grateful people, welcomed by the President and Congress, by governors and State legislatures, and civic municipalities, and attended by vast crowds of citizens, until September of the ensuing year, when he took his final departure from New York, at the conclusion of a brilliant ovation at Castle Garden, with the blessings of millions indebted to him, in great . part, for the rich inheritance of freedom bequeathed to them by the Revolution.
Visit of General Lafayette to the United States. - His reception in New York.
216
SEVENTH PERIOD.
14. The new Legislature convened on the 4th of Jan- 1825. uary, 1825, and Governor CLINTON, in his message, recom- mended the passage of a law for the choice of presidential electors by the people by a plurality of votes on a general ticket, and the creation of a board of internal improvements, for the completion and extension of the canal system and the construction of a State road from the Hudson River to Lake Erie, through the southern tier of counties. No choice of Presi- dent having been made by the electoral colleges, General JACK- SON, Mr. ADAMS, and Mr. CRAWFORD, the three candidates who received the highest vote, were balloted for by the House of Representatives, in pursuance of the provisions of the Constitu- tion. JOHN QUINCY ADAMS, of Massachusetts, was duly elected President ; and JOHN C. CALHOUN, of South Carolina, having re- ceived a majority of electoral votes, was declared elected Vice- President.
15. In accordance with the recommendation of the Governor, and the memorial of a convention of prominent citizens of the southern and western portions of the State, the Legislature at this session passed an act for the appointment of three commis- sioners to explore and cause to be surveyed a route for a State road from the Hudson River to Lake Erie, through the southern tier of counties. NATHANIEL PITCHER of Washington, and JA- BEZ D. HAMMOND and GEORGE MORELL of Otsego, were appointed Commissioners under this act.
16. One of the earliest acts of President ADAMS, after his in- auguration on the 4th of March, was to offer Governor Clinton the post of Minister of the United States to Great Britain. This offer was, however, respectfully declined, and Rufus King ap- pointed to that station. During the summer, Governor Clinton visited Philadelphia, where he met with a cordial and most grat- ifying reception ; and soon afterwards, in company with Judge Alfred Conkling, of Cayuga, and several other distinguished
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