A Political History of the State of New York, Volumes 1-3Alexander, De Alva Stanwood
History
A Political History of the State of New York, Volumes 1-3
Alexander, De Alva Stanwood
New York (State) -- Politics and government
The proposition that no authority should be exercised over the people
except such as came from the people necessarily opened the door to an
election of the governor by the people; but how to restrict his power
seems to have taxed Jay's ingenuity. He had reduced the number of
voters to its lowest terms, and put a curb on the Legislature, as well
as the governor, by the creation of the Council of Revision; but how
to curtail the chief executive's power in making appointments,
presented a problem which gave Jay himself, when governor, good reason
to regret the manner of its solution.
The only governors with whom Jay had had any experience were British
governors, and the story of their rule was a story of astonishing
mistakes and vexing stupidities. To go no farther back than Lord
Cornbury, the dissolute cousin of Queen Anne, not one in the long
list, covering nearly a century, exhibited gifts fitting him for the
government of a spirited and intelligent people, or made the slightest
impression for good either for the Crown or the Colony. Their
disposition was to be despotic, and to prevent a repetition of such
arbitrary conduct, Jay sought to restrict the governor's power in
making appointments to civil office.
The new Constitution provided for the appointment of sheriffs, mayors
of cities, district attorneys, coroners, county treasurers, and all
other officers in the State save governor, lieutenant-governor, state
treasurer and town officers. Some members of the convention wished the
governor to make these appointments; others wanted his power limited
by the Legislature's right to confirm. Jay saw objections to both
methods. The first would give the governor too much power; the latter
would transfer too much to the Legislature. To reconcile these
differences, therefore, he proposed "Article XXIII. That all officers,
other than those who, by this Constitution, are directed to be
otherwise appointed, shall be appointed in the manner following, to
wit: The Assembly shall, once in every year, openly nominate and
appoint one of the senators from each great district, which senators
shall form a Council for the appointment of the said officers, of
which the governor shall be president and have a casting vote, but no
other vote; and with the advice and consent of the said Council shall
appoint all of the said officers."[8]
Public-domain text, read in full here on John Shaqi.
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