an envelope, inside of which was a one hundred dollar greenback, without a word of explanation upon the subject. Nothing was said whence it came, or for what purpose it was intended But, said my informant, the mind of that individual became suddenly converted, and in two or three days, when the bill came up for the third reading, he voted for its passage. I said, "Why was not that man ex, osed?" He said that the member

selves to the minds of the Convention. The re-forced upon my mind that the idea which prevails quirement will not only serve as a more sure among the people is true. In a conversation that protection against all fraud and corruption which I had not many years since with a member of the may be attempted on the part of those interested House of Assembly, representing one of our first in the passage of the bills, but will no doubt counties, he gave me a piece of information which greatly relieve the Executive from ceaseless I will impart for the benefit of two or three gentleand incessant importunities and temptations, to men who ask these questions. I inquired of him which the unscrupulous and designing are ever how it was possible that the minds of men who are ready to resort." Again, sir, they say, "By the known to be opposed to bills on their passage existing Constitution no bill can be passed unless before his body had become suddenly converted. by the assent of a majority of all the members He said: "It is a matter of almost every day elected to each House; and yet, if the Governor occurrence. There is one case within my own shall object, each House, on a reconsideration, may knowledge where a member was approached by a approve of such bills, by a vote of two-thirds of person interested in the passage of a bill, in all the members present." Thus, for instance, the these words: 'Now, here I am, very anxious to objections of the Governor may go back to the secure the passage of this bill by the LegislaSenate, and seventeen of that body constitute a ture. It is a matter of minor importance and quorum for the consideration of bills which are personal interest. It is a matter in which the objected to by the Governor. Two-thirds of that interests of the State are not very deeply conquorum-less than a majority of all which will be cerued, and I should like very much to have your required to pass a bill originally-may override vote in favor of its passage. There certainly can the Governor's veto, and send the bill to the House be no harm, You will not affect the interests of for concurrence. We supposed, in the first in your constituency at all, or those of the State. stance, that the Convention of 1846 had over-I shoul! be very much pleased if the looked this inconsistency, and that it had inad- passage of the bill could be effected." Nothing vertently ben suffered to remain in the Constitu- more was said, but the next morning very mystetion, but on looking at the debates and proceed-riously that member found in his post-office box ings of the Convention, we find that it was the subject of much discussion. While all intention to destroy the veto power was denied, and it was conceded tl at it should be retained to prevent illconsidered nd hasty legislation, it was thought advisable to permit the Legislature to override it, after receiving the objectious, by a two-thirds vote of those present. Yet the majority differed from the views of the minority, and it was finally adopted as it exists now in the present Cou-informed him of the fact of his having receivəd stitution, thus leaving the inconsistency which the one hundred dollars, and asked him for adI have endeavored to expose, to prevail as it now vice as to what he should do upon the subject, does. I believe the amendment that requires a and that he advised him to bring it to the attenvote of two-thirds of all the members elected to tion of the Speaker of the House, in his place, the each House ought to prevail, and I trust it will next morning. The gentleman thought it was not prevail in the minds of this committee. If ever advisable to do so, but that he would have the it was necessary as a safeguard, it surely is at privilege of sending it to a religious institution. the present day. It has been remarked that there It was accordingly so done, and the gentleman's has been corruption; it has been frequently re- conscience, if it was affected at all, was salved marked upon the floor of this Convention, during over by the remedy which he provided. If its sittings, and I sincerely believe such is the the gentlemen want another instance I will prevailing opinion throughout the length and give one more without delaying the committee breadth of this State, that there is corruption, too long. It was asked during the last session that there has been corruption, among our public of the Legislature how a certaiu Senator was as officials and members of the Legislature of the to his integrity and morality, and whether it State. Is there not great reasou for entertaining was believed that by tying $5,000 over his eyes, such a belief? "By their fruits ye shall know it would enable him to see more openly the prothem" is an old sentence which commeuds itself priety of overriding the Governor's veto to a to us all and which has been approved ever since certain railroad bill. The question was asked; it was uttered by Him who spake as never said my informant, I told him he must answer man spake. Look at our mammoth and huge his own questions." Whether the attempt was corporations at the present day, which can ex-made or not I am unable to determine. Oue gen. pend any amount of money to secure the passage tleman remarked yesterday that in case these of bills. Gentlemen on the floor very gravely great corruptions were going on, why should not and seriously, when they have been talking about the Governor prorogue the Legislature as was these charges of corruption, ask for the evidence. done during the session of 1812, and when the Why, the evidence exists, sir, in such a manner enormous frauds elicited on that occasion, certainly that he who runs may read. Do the gentlemen who entitled the Governor to use that power. Why, ask these questions ask any proof from me upon this does not my friend remember, or had it escaped him subject. It is a subject on which I do that by the Constitution of 1777 the Governor had not willingly enter. It is an unpleasant mat-the power to prorogue the Legislature for a ter to me, but at the same time the conviction is period not exceeding the term of sixty days, that

Daniel D. Tompkins, by virtue of the power, rise above all partisan considerations and above given by the Constitution of 1777, prorogued that all party feelings, and do what I might in unison corrupt Legislature, and for which he has been and in connection with my brethren to make a thanked a great many times. By the Constitution Constitution which shall redound to the benefit of 1821 that power was withheld from the Gover-aud good of the whole people. Let us, then, so nor, and again by the Constitution of 1846 it was act in reference to the provisions which we will withheld from him, aud he has no power to pro-adopt as will enable us to reflect and say that we rogue the Legislature. You have got to protect are not ashamed to have been a member of the this power in some other way-by this veto Convention of 1867.

A DELEGATE-The gentleman from Queens [Mr. S. Towusend] is referring to a subject embraced on the eighth section-not the one under consideration.

power which the committee recommend. Now, Mr. S. TOWNSEND-The suggestion of the sir, the propriety and safety of this veto power committee in favor of proposing to give more was demonstrated during the last session of strength to the veto power, is an admirable one. the Legislature. Look at the pile of bills I wish the committee had gone further, and inthat were on the tables of our members stead of saying two-thirds, had required threeduring the last year. But for the timely fourths of the members elected to pass a bill over interposition of the Governor's veto the peo-the Governor's veto. people of the State of New York to-day would have been living under a State tax of more than ten mills on the dollar, while even now it will exceed the sum of seven mills. We should look to it to see that the interests of our State are protected; that our own individual interests are protected, and protected by the timely exercise of this power. But, sir, it is not this alone. The alarming state of public morals at the present day calls upon us to guard well this veto power. We need but to take up the papers of the day to read evidences of the declension of public morals. The standard of public morality has long been trailing in the dust. Officers in high stations of trust and responsibility are continually proving criminals, and destroying the confidence and property of thousands and thousands of those who have placed confidence in them, and deposited their little all for safe keeping, in their hands, and many a widow and orphan has been reduced to poverty in the last ten years who had a competency which would have taken care of them for life and solaced their declining years to the grave, and have been cast upon the cold charities of a heartless world for the bread necessary for their support. I am no alarmist or prophet of evil, but I may be permitted to remark that if as a nation or a people we are to pursue the same downward course which has characterized us for the last ten years, we shall approach the fate which befel the republics which have preceded us. Let us endeavor to profit by past experience and by the lessons of history. Let us endeavor to guard well our public and private institutious and our public morality. Let us do what we can to stem the tide which is rushing upon us with a velocity calculated to endanger and destroy us as a people. Let us preserve this safeguard against the corruption of inconsiderate and unprincipled legislation. Let us stay it by every means in our power. I came here, sir, as a member of this body for that purpose; and came here to do what I might, in connection with those with whom I act, to correct the evils which prevail in our State. As regards myself, sir, and some other members of this Convention, we have passed the meridian of life; we have no aspirations but to do our duty for the benefit of those who come after us. For myself I feel as if the few declining years that are left to me should be devoted not to my self, not for myself, nor for my own interests, but for the interest of posterity. It is for that reason I came here as a member of this body, resolved to

Mr. S. TOWNSEND-I shall speak of the first section. The committee will remember that the Convention yesterday agreed, by a very considerable majority, to extend the term of office for State Senators to four years. We have an analogy then in the term of office of United States Senators being six years, and the chief executive office of the United States being four years. I would amend this first section by inserting in lieu of the words "two years" the words "three years," so that the term of office of the Governor shall be three years. There is no occasion to dilate upon the reasons why the principle of a farther extension of the time of service would add to the importance of the office. Yet, if the propriety of devolving upon local boards of county, town and city officers is not adopted under the action of some appropriate committee, I should then favor a shorter term than four years for Senators, and I should also favor a two years' service for Governor. It would be better that the election of Governor, and the election of Senator, should take place at different times, and for periods of office. This idea of separating in as many distinct questions and different issues as possible, is a favorite one to my mind, and one that I have attempted often to sustain. With reference to the difficulty of the submission of various points, I think we should endeavor to thus prepare and submit them to the consideration of our constituents. A gentleman stated on this floor that in another State (Masaachusetts) nine separate propositions were thus presented. What was valuable in them we could succeed in preserving. From the first day of October to the November election would give ample time for the electors of intelligence in the State of New York, who I believe are daily advancing in their knowl edge and fitness to discuss and decide questions of large importance. We have the advantage of education, the dissemination of knowledge, the electric telegraph, and above all the newspaper press, affording the means for much more than usual opportunity for reflection and consideration on the part of our constituency than has ever before existed in our State. I say that I should be willing, even if we rise from our deliberations, having succeeded with fifteen different proposi tions as the result of our labors, if we adjourn at

Mr. KETCHAM-I offer the following amend

ment.

In line 2 strike out the word "two" and insert four," and after the word "years" in line 2, insert "but shall not be eligible for re-election for the next term."

a arly perio, to submit as many distinct | have served the second term. I believe the first pro ositions the people as we can. In two years as well as the next two they have that idea, with a view of separating the elec-filled the Executive Chair, have been devoted in tion of the Gornor, we may safely and prop-all cases to the making of a good record of the erly put the term of Senators at four years. Ifaithful discharge of public duy, and to so placo think that for Governor it may be properly ex- themselves before the people, that their acts panded to three years. on the grounds should be approved, and not with reference to I have stated, and the particular point I am re-election, not with reference to any other office endeavoring to elucidate is, that the election of to which they may aspire, but for the benefit of Governor shall take place on a different year their constituency. I do not believe, myself. in from that of Senator. extending this term beyond two years. Nor do I believe in declaring the incumbent in office ineligible for the next two years. I believe in a return to the people for their approbation as often as once in two years. I don't believe in saying that the experience that has been gained the State during two years shall be lost necessarily by putting aside the incumbent for another person. There is a difficulty, I admit; something may be said on both sides of the question, some may desire to reduce the term to one year; some may desire to extend it to three. But I ask, has there been any call on the part of the people for any change in this term of office? Are not all satisfied with the imcumbency of two years, and with the privilege of being again a candidate for a place before the people? I do not believe, Mr. Chairman, that we should make changes here in matters of this kind that have not been called for by the public, and I am not aware of auy dissatisfaction in any portion of the State with the incumbency of a term of two years. I believe it is safer, and so thought our committee; and I trust this committee will retain this Constitution as it is, with regard to the term, and with regard to future eligibility.

We all know, Mr. Chairman. that at the present time, the term of office of the Governor is practically four years. The first two years of a Governor's incumbency in office is almost always used to a very considerable extent in devising the means to secure a re-election. Appointments are made, bills are signed, and the sanction to bills withheld, with a view to secure a return for a second term. I submit that we may just as well and better provide that in effect and without the necessity for this effort on the part of the incumbent the first two years, that the term of office for Governor shall be four years, so that he may spend the whole of his time, instead of the last two years, in making up a good record for himself in the future, instead of having the first two years with a view of securing a re-election. Then the prohibition against his re-election still further removes him from any temptation to Mr. GREELEY-I believe the experience of occupy any portion of the time to that purpose. free and elective institutions all over the world Under this provision an election will take place tends to the establishment of this convictionnext year at the same time with the election of that an officer wielding great patronage and the Federal executive. You will thus have our power ought not to be eligible to re-election Governors elected each time when there is a while he wields that power. We have estabpresidential election, and a time when all the lished that principle with reference to sheriffs, voters are much more likely to be got to the and I believe to the very general satisfaction of polls, when there is a better and a fuller expres- the people. I am confident that a large majority sion of the will of the people. If the record for the of the people of the United States have, from first four years is a good one, and it is desirable General Jackson's day (I think he was the first that the Governor shall secure a re-election, hav-who put forth the idea prominently) been coning had the experience of the first term, he may be taken up if the people so choose. It strikes me, for these reasons, that it will be much better to have the term extended for four years, than to have it as now, but two.

Mr. A. J. PARKER-As a member of this committee I wish to say, in answer to what has been said, in regard to this subject, that this provision in regard to a two years' term of office, as well as all the other provisions in this report, were unanimously agreed upon by the committee after a very careful consideration of the subject, and after a full discussion. Now, I think the gentleman who has last spoken, does great injustice to the distinguished men who have filled the gubernatorial chair under the present Constitution, when he says the first two years have been devoted to securing a re-election.

Mr. KETCHAM- In pt-I said.

Mr. A. J. PARKER-1 don't think they have at all. In the first place, lut half the gentlemen

vinced that it would be better for the country that a President in office should never be a candidate for re-election. It is best that the subordinates of the President should not be under a sort of partisan obligation, as they are understood to be, to advocate his re-election. It is now regarded as a sort of pledge, or rather touchstone, of fealty-"Are you in favor of the President's re-election?" And, if you are not, you are to give place to some one who is. I do not say that this State has experienced the evil of this condition of things as signally as the Union has, because the Governor has for some years since 1846 been quite limited in his patronage. But after all, he is always assailed by this consideration: if you veto that bill giving money from the treasury to support that railroad, here is a great stretch of country that will be after you at the next election. This is continually held up to him. You say he desires to secure that stamp of popular approbation which is implied in his re-election.

He

Hence he must defer to these "shrieks of State should desire to secure his services for more locality" so continually sounded in his ear. than a single term. We should be doing somesays, "The people on the line of this railroad thing that has not been asked of us; something will remember my veto and vote against me at that perhaps in the future may work serious the coming election; while those who have no injury. I think this Convention will be wise in interest in the undertaking will vote according this respect, as in all others, if it leaves "well to their party bias respectively." Thus he is con- enough alone.” stantly tempted to sign bills devoting public money to local benefit, when he ought to veto them. I do not say that he yields; I believe he generally does not-that our Governors, though tempted, have not yielded. But he is continually placed between two considerations: his danger of alienating localities and his duty to the whole State. He knows that the specially interested localities will give him the cold shoulder if he dares to veto their bill or canal or railroad-they will veto his re-election; that, if he refuses to yield to the demands of this or that locality, it will be swift to visit him with its vengeance For that reason, without desiring to vote on the question of a two, three, or four years' term, I shall most earnestly vote for, as I shall advocate, the rendering of the Governor ineligible to reelection while he holds the executive office.

Mr. OPDYKE-I rise to express my entire concurrence in the views so clearly expressed by the gentleman from Westchester [Mr. Greeley]. I think that the experience of the people of the United States, in relation to the office of the President of the United States, which carries with it an immense amount of patronage, has satisfied them that a change in reference to that office, of the character proposed in the amendment now under consideration, is most desirable. The gentleman from Albany [Mr. A. J. Parker] has remarked that the people of this State have given no indication of a desire for the chauge now proposed. There is very good reason why they have given no such indications. They have given very little thought to the revision of the Constitution. They have given no indications of their desire on scarcely any subject in relation to changes that Mr. FLAGLER-As one of the committee re- may be proposed. But, sir, the people of the Uniporting this article now under consideration. Ited States have given consideration to this subwish to say this in reply to the distinguished ject, where the amount of patronage has been such gentleman from Westchester [Mr. Greeley], that as to enable the incumbent of this highest executhis very question occupied the time and thought tive office of our government to wield it in a direc of the committee as much, perhaps, as any other tion to secure his re-election. I believe the majorthat has ever engaged their attention. This circum-ity of the members of this Convention deem it stance, among others, influenced the decision of that desirable, and I anticipate they will so decide, to committee, first, that so far as any one knew, there increase the power and the patronage of the was no desire to have any change in the term of chief executive of the State. If that be done I this office. And I presume this remark applies as deem it very desirable, and am certain that it will be well to members of that committee as to the conducive to the public good, that he be ineligible members of this body as a whole. There is no to future service for the period of at least one dissatisfaction anywhere on this subject; there is term if not for all time. It is well known that no expression that has ever reached my ear in various efforts have been made to so amend the favor of a change in this regard, and the com- Constitution of the United States, as to make the mittee felt themselves bound to recommend no President ineligible to re-election, and I have no change which public sentiment did not demand. doubt but a majority of the people are to day in The gentleman from Westchester [Mr. Greeley]. favor of that change. With the very limited patadvocates this part of the amendment of the gen ronage and power now held by the Executive of tleman from Wayne [Mr. Ketcham], making the this State, it is a matter of less moment; but for Governor ineligible, by drawing a comparison the reasons stated by the gentleman from Westbetween the office of Governor and that of Presi-chester [Mr. Greeley] it is even material as regards dent of the United States; and yet the gentleman the Governor. I believe he would be more free himself, before he finished his argument, was from improper influence; more intent on a strict compelled to state the fact that, comparatively, and faithful performance of his duty, and his efforts the patronage of the Executive of this State is more ernestly directed to the promotion of the very small. And this very circumstance is a public good, if the subject of re-election were not circumstance which will justify us in leaving before his mind. I can see no objection to the the Governor eligible, as now, to a re-election. change. We have just voted to extend the term The gentleman referred to the exercise of of the senatorial office to four years. I think it the veto power, and the use of it with refer- proper in view of that fact that the term of ence to re-election. I submit that the recollec- Governor should also be extended. And if we tion of every member on this floor will corrobo-shall give him as I hope we shall, the appointrate the statement that, irrespective of what may ment of the chief executive officers, and most of have been the motives of the Executive in the use the other and inferior officers of the State, it will of this power, the electors, even in those localities then be, in my judgment, very wise and very affected by its exercise, have voted with their proper to insert the amendment now proposed. party, even when the incumbent himself was Mr. E. P. BROOKS-Mr. Chairman, while I debefore them for re-election. I hold, therefore. sire not to consume the time of this committee looking at it in every aspect, there is no reason with any extended remarks, yot, inasmuch as I why this Convention, without any demand for it. have heretofore expressed views elsewhere differshould throw this barrier in the way of a re-ing, in some respects, from those contained in this election of the Governor, if the people of this report, it may be proper for me to say, as a mem

46

ber of the committee that reported this article, | ventions?" He is assured that such an one that I deemed it desirable and that I proposed in attends to that county, and such an one can take the committee room that we provide for extending care of this district. These important personages the term of the Executive to three years, and for are applicants for office under his appointment; rendering him ineligible to that office for the three perhaps they are alike destitute of character or years next succeeding his election. I did so in intelligence sufficient to qualify them for any the belief that this Convention was about to con- place, except the penitentiary. The ambitious fer additional power and patronage upon the aspirant, regarding mainly his own chances for Executive, and in case it should do so, then the re-election, selects these serviceable men for imamendment proposed would be found desirable. portant public positions, when he suspects, perhaps This proposition, as has been represented by the knows, that they should be serving the State in a gentlemen from Albany [Mr. A. J. Parker], was different capacity. Would it not be well to rediscussed at length in the committee, and at first, move from him every temptation of this characI think, was received favorably by other mem- ter? Certainly, if he were a weak man, or a bers of the committee. It may not be improper bold, bad man," it would be. But, Mr. Chairman, for nie to state some of the considerations that in- another reason which influenced my acquiescence duced me to yield my own views upon this sub- in the report is that I believe it advisable to make ject. Among them was a desire to have our as few changes in the present Constitution as report unanimous, a proper deference for the possible, consistent with the necessities of the views and opinions of my colleagues, and the fur- times, and only those that experience has proved ther consideration arising from the probability to be necessary. For this reason I favored the that this Convention would provide for the mak- plan of small senate districts, and for this and the ing the Secretary of State and Attorney-General other reasons I have suggested, I yielded my own a part of the Governor's cabinet, to be appointed views in committee on the question of the term by him. In a conference with the "Committee on of office, united with my colleagues in this report, the Secretary of State, Attorney-General," etc., and with them unite in its support. it was understood that that committee pro- Mr. VAN COTT-I think the age in which we pose to fix the tenure of office of those officials live is one of suspicion and imputation, that the at two years. If the proposition to have those Constitution under which we live is one of susofficers form a part of the Governor's cabinet or picion and imputation. The general rule seems to council shall prevail, as I hope it may, I thought be to think the worst and say the worst of everythere might be less reason for extending the term; body; and the idea is that, by such a or of providing for the ineligibility of the incum-system-thinking the worst and saying the bent. The argument of the gentleman in regard worst-we are likely to get an administrato the increased patronage of the Governor and tion of angels, that the happy, golden the temptation to improperly dispense it, I think age of the millenium will come to us. There hapentitle to consideration. I concur fully in the pens, however, to be this incongruity in the sysviews, in this respect, expressed by the gentle- tem, a prevailing idea-that that which was to man from Westchester [Mr. Greeley] and the bring about these happy issues has brought gentleman from New York [Mr. Opdyke]. It has about issues of a reverse description. We were been said we have heard no complaint, that no one to have had infallible judges, and infallible legishas asked this Convention to change the tenure lators, and infallible Governors; and yet we have of office. Why is such the fact? Is it because heard from the beginning of the Convention thus attention has not been directed to this subject? far, that every part of the system has failed, and Probably that is one reason; another may be the charges of corruption have been almost unifound in the fact perhaps that there versal, and quite universally alarming. Now, I has been no just cause of complaint in do not believe in founding a government upon the past history of the State. The pres- that principle at all; of erecting and constructing honored incumbent has certainly given of rotten materials, with constant provision for none in this regard so far as I have heard. But the repair of the machinery, upon the assumption the State may not always be so fortunate. She that it is rotten, and at once to get out of repair. may not always have so intelligent, upright and I believe that a free government is a government discreet a man occupying the executive chamber. of faith; faith not only in the people who origiA weak, amb tious man may yet fill this high nate and establish it, but in the instrumentalities office, and the suggestions of ambition may influ- which they use for making it, and adapting it to ence him in dispensing the patronage of his office. the ends of its creation. I believe that we corRemembering that his predecessor had been re-rupt by the very process of suspicion; I think elected he would think his own re-election neces- we degrade by the very condition of distrust. I sary as an indorsement of his administration. He would repose a large confidence in what the peo would be likely to say to himself and friends: ple do in the administration of institutions, "I must justify my administration by a second and in the selection of the great officers of election. If I do not, the first is no compliment. the State. I would make the Governor venerGovernor Fenton was re-elected, and by an in-able; creased majority, and why should not I be?" He with respect. I would try to add confidence and casts about to see what patronage he has to be faith to the heart of the people; I would make stow, what offices to fill. He calls to his aid his government strong by making it good, and by lieutenants and political advisers and asks, "Who believing that it is good. I believe when we act is the man in this ward that controls the primary thus we act most in harmony with free instituelections, who in that county that attends the con- tions, with popular institutions, and with a large,

ent

I would surround the administration