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
Clinton argued that the governor, being charged under the Constitution
with the execution of the laws, was vested with exclusive discretion
as to the number of officers necessary to their execution, whereas, if
left to one not responsible for such execution, too many or too few
officials might be created. With respect to the continuation of an
incumbent in office at the pleasure of the Council, "the Constitution
did not intend," he said, "a capricious, arbitrary pleasure, but a
sound discretion to be exercised for the promotion of the public good;
that a contrary practice would deprive men of their offices because
they have too much independence of spirit to support measures they
suppose injurious to the community, and might induce others from undue
attachment to office to sacrifice their integrity to improper
considerations."[70] This was good reasoning and good prophecy; but
his protests fell upon ears as deaf to a wise policy as did the
protests of Jay's friends when the board of canvassers counted Jay out
and Clinton in.
[Footnote 70: Jabez D. Hammond, _Political History of New York_, Vol.
1, p. 84.]
The action of the Council of Appointment was a stunning blow to
Clinton. Under Jay's constitution, every officer in city, county, and
State, civil and military, save governor, lieutenant-governor, members
of the Legislature, and aldermen, could now be appointed by the
Council regardless of the Governor; and already these appointments
mounted up into hundreds. In 1821 they numbered over fifteen thousand.
Thus, as if by magic, the Council was turned into a political machine.
Under this arrangement, a party only needed a majority of the Assembly
to elect a Council which made all appointments, and the control of
appointments was sufficient to elect a majority of the Assembly. Thus
it was an endless chain the moment the Council became a political
machine, and it became a political machine the moment Philip Schuyler
headed the Council of 1793.
This arbitrary proceeding led to twenty years of corrupt methods and
political scandals. Schuyler's justification was probably the
conviction that poetic justice required that Clinton, having become
governor without right, should have his powers reduced to their lowest
terms; but whatever the motive, his action was indefensible, and his
reply that the Governor's practices did not correspond to his precepts
fell for want of proof. Clinton had then been in office seventeen
years, and, although he took good care to select members of his own
party, only one case, and that a doubtful one, could be cited in
support of the charge that appointments had been made solely for
political purposes.
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