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
To bring the question of electing or appointing justices of the peace
squarely before the convention, Van Buren, at a later day, introduced
a resolution providing that the board of supervisors in every county
should, at such time as the Legislature directed, recommend to the
governor a list of persons equal in number to the justices of the
peace in such county; that the respective courts of common pleas of
the several counties should also recommend a like number, and from the
lists so recommended the governor should appoint. In the event of
vacancies, like recommendations were to be made. The governor was also
authorised to remove a justice upon the application in writing of the
body recommending his appointment. This scheme was not very
magnificent. It put the responsibility of selection neither upon
supervisors, courts, nor governor, although each one must act
independently of the other, but it gave the governor a double chance
of appointing men of his own political faith. This was Van Buren's
purpose. He believed in a central appointing power, which the Albany
Regency might control, and, that such power should not be impotent,
these minor and many magistrates, thickly distributed throughout the
State, with a jurisdiction broad enough to influence their
neighbourhoods, became of the greatest importance. To secure their
appointment, therefore, Van Buren was ready to sacrifice the
appointment of sheriffs, with their vast army of deputies.
Van Buren's scheme was ably resisted. Rufus King, who was counted a
Bucktail but until now had taken little part in debate, spoke against
it with all the sincere emotion of one whose mind and heart alike were
filled with the cause for which he pleaded. He thought justices should
be elected. Each locality knew the men in whom it could trust to
settle its disputes, and farmers as well as townspeople should be
allowed to select the arbitrator of all their petty quarrels and
disagreements. It was the very essence of home rule. In vigorous
English Ambrose Spencer, William W. Van Ness, and Jacob R. Van
Rensselaer supported the Senator, while Ogden Edwards of New York
City, an able representative of Tammany, burning with a sense of
injustice, violently assailed the proposed plan. "The unanimous vote
of this convention," he said, "had shown that the Council of
Appointment was an evil. A unanimous sentence of condemnation has been
passed upon it, and I had not expected so soon to find a proposition
for its revival."
Public-domain text, read in full here on John Shaqi.
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