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LIFE OF MARTIN VAN BUREN.
BY WILLIAM .'l. HOLLAND.
Chapter A.
Mr. Van Buren is elected a Senator of I
the United Slates. His participation in
the Convention to amend the Constitution
of New York. Speech on vesting veto
power in the Governor. On the length
of Governor’s tenure of office. On pre
fixing a bill of rights. On the Elective ,
frachise. Vole on admitting coloured
people to be electors. iSpcech on the
appointment oljuslices o the peace. On
tiie re-organiiatiou of the Supreme
Court so as to eject the incumbents.
On the 6lh of I ebrtiary, 1821, Air. A an
Buren was appointed, by the Legislature oi
New Y ork, a member ot the betiate ol the
Cnited State?. In thy House ol Represen
tatives lie received si.rty-n.nc votes, and
Nathan Sanford ; in tiie Senate
the majority for Mr. \ an Buren was eight.
The Ciintoaians, together with the Feder
alists, voted for .'dr. Sanlord, an expressio
of their confidence lor which, it is believed,
that gentleman was not remarkably grate
ful.
.Before attending Air. X an Buren to this
dignified theatre oi action, it will be proper
to examine his exertions, as a member oi a
public body in his native stale, charged
with the mostsolenm and responsible dudes.
This public body was a convention to
amend the Constitution of the State.
The constitution oi the state oi New
York was adopted in 177 7, ami received
some amendment in 1801. it was, bower-1
er, disfigured by many defects, especially
with regard to the mode of appointing to oi
fice. tiie revision exercised by aCouncd over
the acts of the Legislature, and the limita
tions imposed upon the right ol suffrage.
Thesi e obnoxious provisions became so ap
parent, during the party collisions which
preceeded the year 1821, that the Legisla
ture in its session that year, provided, by
Jaw, for the election of delegates to a con
vention for the revision of the constitution.
The measure was warmly advocated by Air.
Van Buren, especially with reference to the
extension of the right of suffrage.
Accordingly, the convention was opened
on the 28lli day of August, 1821. Air.
Van Baren, then United S'ales Senator e-
Jcct, was, unexpectedly to himself, returned
as a member of the convention by the re
publicans of Otsego County. The conven
tion was not limited, cither in the nature or
extent of its amendments, which, however,
were only to become a part of the constitu- i
jtution, by the subsequent assent of the peo
ple.
Public expectation was highly raised with
regard to the results of this convention,
which embraced some of the most venerable,
distinguished, and active men in the state.
It appeared to be their duty, almost to fix
anew, the principles of government for a
free people. The magnitude of the chan- j
ges finally proposed even exceeded all pre
vious anticipation. The executive, judi
cial and legislative departments were all re
modelled; and the appointing and revisory
powers were placed in new hands. Sever
al important miscellaneous alterations were
made, and tiie right of suffrage very great
ly extended.
During the discussions which resuited in
these amendments, ail tie- great interests o!
a free people passed under review ; the
principles of government Were largely deba
ted; the political history of the state was
retraced, and the foundation > of it, civil,
religious, ami social in-titutions underwent
examination. In short, the convention ex
orcised the right which li.id been entrusted
tothein by the sovereign people, of offering
to their acceptance a constitution which w.r,
to form the bail of tin ir government, ami
the great charter ol their rights and lile-rtyes
The active age vof Mr. Van Boren in
.ptiginatirig this convenii'iii, avowedly for
the extension of popular rigiits ; his con
spicuous station, a. Senator elect of the
United State . ; lii-promii>e,ice as the leader
of a great party ; his high reputation for
. * e gal knowledge; his political experience
ami inl'.r.-naiioii ; and tiie confidence re
pose Jin , jug gri'y ai)d talents, conspired
Illi.- lll'uii trt M
( to fix public attention upon his conduct and
to dux olx e upon him a iirav v responsibility.
It will be impossible to embody in the
present i.arriitive a complete account of his
laborious services in tins convention, or, at
a subsequent period, in the Senate of the
I nited States. The writer will, therefore,
ann to indicate his leading measures, ami
the part h? took on all qiiewions of impor
tance, sul joining such extracts from his
speeches am; propositions as seem to illus
trate his views ol tiie general principles of
pofflical science, as will as the reasons ol
his course in each important matter. These
extracts wi.l enable the reader to form mi
opinion oi liis discretion, candor am! use
. tulness, ami oi the manner in which he
j was accustomed to discuss questions of pn
-1 i.i.c.il itnpoi lance.
1 hey will however, but imperfectly in
dicate the leal amount el his laborious par
ticipation in the business oi the convention.
.It will be impracticable to follow him
j through the tedious forms and practical de
tails, indispensable to the operations of an v
regularly organized deliberative body ;
nor is it possible to display his assiduous
industry, thorough research’ and indefati
gable efforts in the committee-room. He
m ver detained the convention with speak
ing except vviii'ii compelled by necessity,
and although, in that enlightened assembly,
I his experience in public affairs and his uii
! rivalled political influence, gave him the
I foremost rank, his conduct was rather dis
| linguished lor its moderation, dignity and
patriotism, than by any over-bearing exer
cise of tiie power conferred by his favorable
position. The proceedings of the conven
tion have been laid before t e public in a
separate volume, and whoever refers to it,
" ill find the speeches ol Mr. \ an Buren to
be among the ablest it contains. The clear
ness and comprehensiveness displayed in his
■ discussions ol the great principles of go
i yernment; the soundness, justice, and mo-
- deration ol his views of the important ques
( lions w hich arose in the convention, will not
I fail to impress the reader witli the most fa
vorable opinion of his integrity am! talent.
1 he business of the c-aiventian was brought
forward, by referring each important portioned'
die consul ilimi to a committee, wididirections
to report the alterations aud amendments it
might seem to them to require. That portion -
v. hie!) related to “the power of appointment to
office, ami the tenure thereof,” w is referred to
aeon: nhtee of seven, of which Mr. Van Buren
was chairman.
1 he first occasion upon which Mr. Van Buren
expressed his views, at length, in the conven
t oi, was upon a report of the committee on
the revisory power, proposing to vest in the
Governor, the right to return a bill which had;
p s.isi both houses, and requiring it to l.e rc
|> sod, in each house by a majority of two thirds,
fetor:' it should become a law. The provision
was nearly in tiie words of tiiat article of the
constitution of tiie United Hates, which confers
upon the President the veto power. The ex- ;
ercise of tiiat power, by the President of the ;
L nited States, on two of throe occasions of
great interest during the last six years, has
turned public attention to an examination
of its utility and the proper method of its cxer-
Thc views of Mr. Van Buren on this impor- !
taut question deserve, therefore, particular at
tention ; and tliespeech here subjoined, not on
ly fully e tphuus these views, but embraces an
aa.‘(iiscu-sion of some oi the most important;
principles of government.
i Bui en - id; “I had ii ittered myself,'
Mr. Chairman, that the Convention wo’uld have
pled th i revi sory powei proposed by the sc-
I lect committee, with the same unanimity with
which th y determined, oil Tuesday, to ex- ;
punge the third article of the ci.itaitution, aud
to separate the judiciary from tae Legislature.
But m that expectation I have been disappoint
ed. Notwithstanding the unanimous reconl
mendation of the select committee, and the able ;
m umer in which ii has been supported, a pow- j
erful opposition to it appears to exist. A pro
position ir: been made by the gentleman from
Dutchess (Mr. Livingston) which, from the res- ;
P''ctaoi!ity of the source from wh mce it eman
' ates, the precedents on which it i founded, and
the talents and character enlisted in its support,
is entitled to the highest consideration. 1 shall,
therefore, proceed to the discussion, with all the I
brevity which the importance of the subject I
will admit, and all the simplicity of which 1 am
capable.
“In the course of that discussion, the first
<pi: tion for our consideration, is, whether it is
wise and proper that a restriction of any kind ;
' should Im placed upon tiie legislative power I ,
| On that subject it would seem that little doubt !
I could remain. That a check of some kind is !
necessary, is a principle that has received the ;
1 sanction, and been confirmed by the experience j
of ages. \ large majority of the states in the '
I inon, in which, i! the science of government I
b : not better understood, its first principles arc j
, certainly more i'aiihtully legnrdcd than in any |
other cou.iuy, have provided restrictions of this j
, sort. In the constitutions of tiie freest govern- i
meats in Europe, the same principle is adopt
ed. It is conceded in both tiie propositions be
j lor-' the committee.
t _ “ I’he one imposes the restriction by requir- '
' ing two-thirds ol the Lt tislatnrc to pass a bill '
[ which may have been returned; and tiie other, ■
1 by r.:qu;r:ng not only a majority oftlr- im-mlier,
t present, but a majority of all the members c- ;
lected. 1. would s'".;m, therefore, that on tiie
■ oeticral principle that a reslrietion is proper, ,
we arc all agree 1 ; ami tiie question arises, is
; the am. ndmmit proposed by the. gentleman
from I) itciiess more dn.irablc', and better adap- j
' t :d to p riorm th-' office intended, tba i the pro- !
position iii’rod i-e.d by th • committee ? Tear- j
rive at a just conchi-i >n on this subject, it will i
- I): ary caref.iliy to con ider the design of
such a check, and the advantages which arc ex- .
■i ito re -lit from it. Its object is, first to
•! i-;r.'l agtinst ha yand improvident legislation :
but more eymrially, to p'rmeet the executive
and jndi ial dep u tmenls from legislative cn-
<ro •<:am< nt. 1. i'h rcgai'l to the first of these
obj ct-. —Hi • prevention of hasty and improvi
dent le-'islation—the system of every free gov
ernm''l;t pi m reds on tl.e a sumption that checks,
for tii it purpo.e, arc wise, salutary, and proper. !
ilene ■ the divisi in of all th-: leg'idulive bodies '
into distinct bran'.heq each with an absolute
ii- ialive upon the other. Thu talents, v.isdom, j
i and p i ri'ilism ol the representatives could be j
ihrown in > one bram li, and the public mom v '
iv :d by this procedure ; siiil experience <1 - '
. mmrlra'e ; that such a plan tends alike to the \
; destruction <1 public liberty and private ,
right-. Tiiey adopted it in Fennsvlvania,;
anti it i> aid tQ have rm i.i .eii the apnroba-
K OfI&fVIUW, AlTiirUSir a. IS3U.
1 lion of the illustrious Franklin ; but tiny
. found that one Branch only, led to perni
cious effects. Ihe sy? t. in endured but for
a sea mil ; and the necessity. of different
, braiiclies oi their to act as tnu
' tual checks upon each other, was perceived,
and the conviction was followed l>v an al
teration of their constitution. The first
step, then, towards checking the wild c areer
ol legislation, is the < r ;aiii.'mtion ol' two
; braiiclies ol th ' Legislature. Composed ol
different materm s, they mutually watch o
, ver the proceedings of each oilier. And
j navmg the benefit oi separate discussions,
their measures receive a more thorough ex
amination, which uniformly leads to more
favorable results.—But between these bran
■ clii's, as they are kindred bodies, it might
' someti nes happen that the same feelings and
passion- would prevail—feelings and pas
sions w hi. Ii might lead to dangerous results.
Flii- rendered it necessary to establish a
third branch, to revise the proceedings o!
the two. But as this revisory power has
generally been placed in a small body, ora
single hand, it is not vested with an absolute,
■ out merely w ith a qualified negative. And
: our experience has proved that this third
provision against hasty and unadvised acts
; ol the Legislature, has been salutary ami
, ; profitable. The people oftliis state h ive
, been in the habit of' looking at the proceed-
■ ■ iugsol the Legislature thus constituted, and
I they have been accustomed to this revisory
power. I heir objections Lave never been
I that tiiis revisory power existed, or that it
■ ! was distinct f om tiie Legislature ; but they
■ | do complain that it is placed in improj'i'r
■ , hands; in the hands oi persons not directly
i I responsible to the people, and whose duty
, forbids all connection with the Legislature.
1 1 am one of those who fully believe in
the force and efficacy of that objection.
“ The Council of revision was disposed
■ ol by the vote of Tuesday, and 1 could
• j have wished that all further discussion on
■ I the subject ol its merits or demerits had
; been dispensed with ; but a different course
I has been pursued. From the explanations
of the chairman of the select committee,
the public would infer that we voted for the
I abolition of the Council of revision from
tee-lings ol delicacy and tenderness to the
j judiciary and to shield them from unjust
(calumny. Sir, my vote was not given from
any such motive. 1 will not vote tor the
abolition of any article of the constitution
( out of kindness to any indix idual. I should
be ashamed to have my vote go forth to my
constituents upon any sue!) grounds. The
Council ot revision has not answered the
' pm-poses for which our fathers intended it.
• This is the ground and motive upon which
my vote was given. 1 object to the Coun
cil, as being composed of the judiciary, who |
are not directly responsible to the people.
1 object to it, because it inevitably connects
thejudicinry—those who, with pure hearts, (
and sound head;., should preside in the sane- j
tuaries of justice, with the intrigues and I
collisions of party strife ; because- it tends I
to make our judges politicians, and because ;
such has been its practical effect. lam war
ranted by facts in making this objection. If
such had not been the case, I should have
voted for expunging the third article of the
constitution.
,s J highly esteem the honorable gentle
; man from Oneida, (Judge Platt.) who yes
terday thought it his duty to raise a disctis-
I sion upon the merits of the Council. 1 re
gret tiiat lie has done so. [Judge Platt!
( rose and stated, that that part of the subject
( was distinctly introduced by the gentleman
from Dutchess, (Mr. Livingston) and that ;
he fek it his duty to reply. It was that
gentleman "ho had given this direction to
- the debate.] Mr. Van Buren. I was!
not aware of that fact, but it in no sense
changes the character of what 1 feel it my !
( duty to say. No man on this floor is more !
; averse to a discussion on that subject than I (
am; but since the example has been set 1
(shall proceed. 1 respect the members ofj
' the Council of revision, and fortheir sakes, ;
this debate should never have been intro- (
(duced. It.will become our duty to revise!
! that part of our constitution relating to the
judiciary, and it is of vital importance to
its members, to preserve them free from pre
judice.
, “Sir, have I notassiimed the true ground
i which occasioned the unanimous vote of
( Tuesday, for separating the judiciary from
j the legislative department ? It needs but
| a slight view to show that the operations of
i the Council have been such as I havestated.
'On this subject I will only call the atten
' lion of the committee to two instances.
( The first, is that to which the gentleman
! from Dutchess yesterday adverted. 1 ask
the con vention for a moment to recur to that (
lamentable occasion, when the high power ;
; of prorogation was exercised by the execu- I
I live, to check the torrent ot corruption, !
I which had set in upon the Legislature, and (
which proved the wisdom and necessity ol ;
i some constitutional check.® This proving ;
ineffectual, every eye "as turned to the
I Uoiinci! of revision, to arrest the progress I
|of the measure about to be adopted. AV hat i
was their course ? The hili which had oc- !
! casioned that strong exercise of power, was i
I passed by the Council, although there were I
; not. wanting in that Council, men who were I
alive to the interests and the honor of the j
( state ; the language of the majority was, !
that the bill upon its face, contained no pro- |
vision contrary to the constitution, and
that the Legislature were the judges of its
expediency.
“ Pursue the subject farther. The scenes
which passed within these walls, during the
darkest period of the late war cannot befor
l gotten. It is "ell known that the two
■ branches of the legislature were divided;
j while in the <ne home we were exerting
( ours Ives to | invide for the defence ol tiie
! country, the other house were preparing im
( pcacliments against the executive for ap-
* i bis allusion is to the prorogation of the i
! Legislature by <»ox. Tompkins in 181!’, to ;
| prevent the incoi poiation ol the Bank oi Amer- j
1 ica.
W f'eesisriettfc—•Citer
I m-opi latmg money intti.mt |, iw> f ()| . t [ ie de
( f'tiee ol tne state, taut the efurt was una
vailing. An election’mtervened, am] the
| people, with honorable fide ity to the best
interests of their country, n turned a Legis
lature ready mid filing to :i pp| v lhi , public
resources lor the public defence.- They di<l
so. They passed a variety of nets, called
lor by the exigencies of our country. But
from the Council ol' revi.-ipn were fulmina
ted objections to the | assageof those acts
o» [ji.11.<ms uhi.ii "ei imltistr:ousiy eireu
lat-.-d tlirougiioiit the state to foment the el
ements of faction. Beyond all doubt, al
that moment, was protluced the sentiment
which has led to tiie unanimous vote to
abolis’i the Council. iThe Legislature hud
exerted themselves in the public defence;
and the object ot these objections was to im
press the public mind with a belief that their
representatives were treading under foot the
laws and constitution ol their country. The
public voice on that occasicu was open and
decided; and it has ever siice contiuneil to
set in a current wide and <e-ep against the
Council. In making these remarks, i dis
claim ah personal allusion- to the author
ot those objections. 1 entertain for him the
highest respect. As a judicial officer, hei?
entitled to great consideraton.and I s'.ioul I
esteem his loss from the situation which he
fills, as a public calamity.
“Air. V an Buren again repeated his rc
gretlhat this discussion had ke t n called forth,
as the constitution ol onr jidiciary is to be
i reviewed. Butliecould not 'oiisent, in abol
ishing the Council, to she! tears over its
; rums, or pass an eulogy cn its character,
j Dy doing this, and by the course of some
gentlemen s arguments, ve are mourn
ing over our own act;, ant preparing the
1 public to distrust our since-itv. We our
i -elves are undermining tvhit we ourselves
j have done.
“ To return to the argument—That Le
. gislalive bodies are subject to passion, and
■ sometimes to improper inline ice is not to be
i denied. Their acts are frequently so detri
. mental to the public interest, hat tl.e united
voice ol the peoph-, calls for their repeal—
; a striking proof, il proof were necessary—
that legislators are but men, subject to ail
the infirmities ami frailties of our nature,
iT he cases cited by the gentleman from
i Dutchess, (.ur. iallmadgei are strong and
I directly in point. They show, tint the
representatives of the people do sometimes
err. 1 hey shew also the necessity of pre
serving a controilmg power. And what is
the consequence of placing such a power,
upon the footing recommended, ‘-v the re
port ol tne committee? It may suspend for
a time the operations of the Legislature.—
It may prevent the passage of a had law,
but never can defeat the passage of a good
one. If a good law be returned with ob
jection q it will come before the people, they
wih pronounce upon it, and return repre
sentatives, xx ho xviil insist upon its passage.
If it be a bad one, the revisory power "ill
be justified; delay, thee, fore, for the most
part, will be the only consequence of the
check, and that xxill be followed, by ail the
benefits of further discussion, ami a fuller
understanding of the subject. Lot the ad
vantages of such a power, are not confined
to its exercise. 1 concur with my honora
ble friend from O.ieida (Judge Piatt) as to
its silent effect. The advantages arising!
from its silent ami unseen operation, are
doubtless greater than thoseari.-ing from an
exercise ot the power. A bare majority is
not always an indication of honesty, or that
a l.ix’orite measure is correct. Great xveight
of character and powerful talents a e olien
embodied in th 'minority. Many laws pass
by a bare majority; but when there is a
qualified negative upon the : cts of the Le
gislature, the gentlemen of tiie majority, a
ware of this power, may be restrained from
passing many improper bills. 1 have no
doubt but considerations of this kind have
influenced the conduct of legislators for
years past. In every point of view, wheth
er from our own experience, or the experi
ence of other states, xve discover this liab'di
ity of legislators to act hastily and inconsid
erately. The judgments of most reflecting
men unite in the expediency cf some check
like that proposed by the committee; and
when it can be productive of no other effect
than to suspend the passage of a bill, and
thereby enable the people to express their
will upon the subject, it is to me, sir, matter
ol surprise, that so much hostility should be I
shewn to the report of the committee.
“ But, sir, the prevention of partv legis->
latiou is not the only, nor the most impor
tant reason, xvliy xve are disposed to give this
poxver to the executive. Our government
is divided into separate and distinct depart
ments—the executive, judicial and legisla
tive. And it is indispensable to the preser
vation of the system that each of these de
partments should be preserved in its proper
sphere from the encroachments of the oth
ers. It is objected, however; to vesting the
power in the hands of a single individual,
on account of the liability of man to the a
buse of power. But an instance of tne a
btise of power thus confided, has never exis
isted, where it did not defeat the yerv ob
ject for which it was abused.
“ Distinct branches are not only necessa
ry to the existence of government, butwhen
xou have prescribed them, it is necessary
that von should make them in a great de
gree, independent of each other. No gov
ernment can be so formed as to make them
entirely separate ; but it has been the study
ol the wisest and best men, to invent a plan,
by which they might be rendered as inde
pendent of each other as tiie nature of
government would admit. The legislativ,-
department is by far the strongest, and is
constantly inclined to encroach upon the
weaker branches of government, and upon
individual rights. This arises from a vari
ety ol causes. In the first place, the powers
ol that department are more extensive and
undefmable than those ol any other, xx liich
gives its members an exalted idea of their
superiority. They are the representatives
ol the people, from "bicb circumstam e,thev
ti.imx they po-sess, and < f right ought to
oossess, all the powers of the people. This
s natural ami it is easy to imagine ti e con
sequences that may follow.
“Tiiis i- not ail—they bold the purse
strings of the state; and every m-mber oi
all the branches of the government is e’ep 1 ’ 11 "
dent on them for his subsistence. You have
been told, and correctly told, that those who
eed men, and enjoy the privilege of dispell
ing the public bounty, xviil in a greater or
:ess degree ii.ff iciicc and control them. Is
t unreasonable, or improbable, to suppose,
.hat power, thus constituted, should iiave a
tendancy to exert itself, for puljioses..not
congenial with the true interests oft'M: oth
er branches oi government. 3 The gentle
man from Dutchess, (Mr. Tallmadge,) re
t rred to seme striking illustrations of the
conductol legislative bodies, in this partic
ular, which show that power thus vested is
too freqveiitly abused. The case of Pen
nsylvania is entitled to our serious consid
eration In 1753 they provided a board of
censors to examine into the proceedings of
tneir Legislature. Those censors though
some ol them had taken part in the
proceedings ol (hat body for years poin
ted out and reported a long list of le
j islat.ve i’;fr; ctions of tl.e constitution,
tn 1799 a Convention was called, xvhich
lermed a new constitution. Ti;at body af
ter lull a:. I deliberate discussion, inserted in
their constitution tiiat very article which has
been reported as worthy oi a place in ours.
1 hat Convention was composed of the
wisest aud best men in the state, many of
"uom assisted in forming’ the constitution
ol ihe Lnited States. It contained Miiliin.
M’Keah, Addison, Gallatin, and a longlist
ol < t ier statesmen, distinguished tor their
talents, wisdom, and expei ience. Tiie peo
ple ol Pennsylvania, at the adoption of their
tirst constitution, did not believe in the prin
ciple for which I am contending ; hut expe
rience soon taught them that they were
wrong. The check proposed in 1790 was
adopted, am! the Legislature has since been
kept in tiie line oi their rlntx. In my view, .
the cmmuct of Pennsylvania affords the ]
s.rorgest testimony in favor of adopting the j
courserecommenned by the committee ; and (
1 cannot but believe, that if the proposition
of the gentleman from Dutchess, (Mr. Liv
ingston) should prevail, Nexx- York would
> experience the same evils and be eommpelled
| Io resort to the san;e measures, to get rid of
the experiment.
“ 'i fie gentleman from Dutchess, (Mr.
Livingston) has referred us to Virginia,
and discanted on the number, wisdom, and
; integrity ol their statesman. Air. Van Bn
-11 en would assent cheerfully to all he had
j said upon that point. In that number xvas
[ included the political father of the stale, i
Mr. Jefferson, No man bad more experi-!
ence in the government of that state ; j
no one bad more fearlessly pointed out the |
uefects ol tlieirconstitution. Unfortunately !
it imposts no check upon the legislative
poxver ; their Governor is elected by the
Legislature, ami of course is hut a creature ■
of that body. Ami, sir, (said Mr. Van Bu~ ,
ren) at this moment it is a source of regret !
to the best statesmen of Virginia, that they i
haveno cheek. Mr. Jefferson, in his Notes
on Virginia, expresses himself thus:
‘“Ail the powers of government, legisla
' live, executive, mi l judicary, result to the
legislative body. Tne concentrating these
in the same bands is precisely the definition
oi despotic government. It w ill be no al
leviation that these powers will be exercised '
by a plurality ol hands, and not by a single ;
one. One hundred and seventv-three des
pots xvould surely he as oppressive as one.
Let those v. ho doubt it turn their eyes on the
republic of Venice. As little will it avail
us that they are chosen by ourselves. An
elective desptdisvi was not the government
xve fought tor; but one which should not
only be founded on free principles, but in
which the powers of government should be (
so divided and balanced among several bod
ies of magistracy, as that no one could tran
scen tneirlegal limits, without being effec
tually checked and restrained by the others.
I' or tins reason, that Convention which pas
sed the ordinance of government, laid its
foundation on this basis, that the legislative,
executive, ami judiciary departments should
be separate and distinct, so that no person
should exercise the powers of more than one
ol them at the same time. But" no barrier
ir:is provided between these several powers.
The judiciary and executive members xvere
left dependent on the legislative for their
subsistence in office, and some of them for
their continuance in it. If therefore the
Legislature assume executive and judicary
powers, no opposition is likely to be made;
nor it made can be effectual; because in that
case, they may put their proceedings into
the firm of an act of assembly, which will
render them obligatory on the other branches.
They have accordingly in many instances
decided rights which should have been left
judiciary controversy; and the direction
of the executive, during (he whole time of
their session, is becoming ha'oilual and fa
miliar.'
“ Here, sir, we have the opinion and the
c inplaints of this great man. The legisla
lure I as usurped the poxver of all the depart
ments. The people bad declared that those
departments should he independent, but
they deceived themselves bv trusting to
parchment regulations. And the gentle
man Irom Dutchess, (Mr. Livingston) wish
es us to go on. ami in the same manner in
vest the Legislature with all the powers of
the people,
“ But tins is not all. That there may be
no mistake in the views of this distin
guished man, I think it. proper to state, that
in 1783, it was contemplated to call a Co
vention. Mr. Jefferson, xvith paternal so
licitude to the state, trained a constitution,
to be submitted to that body. It may be j
lomided in the appendix to the Notes on I
Virginia. Il contains a provision, declar
ing that the governor, two Conncellors of
state, and a Judge ot each ot the Superior
Courts, shmdd be a Council for revise all ;
| mils pissed by the L< gis'atnre, anti that a
(bill when returned by the Coumil should
! not become a law unless two-thirds of each
( house should concur in its dassnge. Here,
j then, xve have bis deliberate opinion, that an
efficient check is necessary upon the legis
lative power. And 1 Dave no doubt that
should there ever be a Convention in Vir
ginia to revise their constitution, such a pro
vision would be one of the first to be adopt
ed. But it is undeniably true and so ad
mitted by Air. Jefferson, that Virginia is
emphatically the land of steady haLi s, anti
although there are many defects acknowl
edged to exist in their constitution, still their
, r< Lictaiicc to introduce a charge,
, to prevented tiie call of a Convention.
( “Tkegentlen .an from VVeslchestw, (Mr. Jay)
has presumed a long list cf instances, where the
; Lagis'ature have encroached upon the execu
' tivc, by concurrent resolutions; a striking proof
of the truth of my remarks. And, sir, if you
pioxidu no check, the Legislature can go on to
, I strip the executive of all his power. Then is ii
not necessary, for the well being of government,
to vest a salutary check in some odijr depart
ment? A contrary doctrine, I am satisfied, is
dangerous and absurd. In the constitution of
ike Lnjtcd Btates, and in several of tiie other
states, you have a provision precisely similar
to that for which xve are now contending. Al
though amendments to the federal constitution
have been proposed from almost every part of
j the Union, still against that provision we have
never heard q murmur. That provision was
avowedly copied from the constitution of Mas
s ichusetls, where its utility has never been ques
tioned. Alaine lived under it for nearly forty
yeats, and on being separated into an indepen
dent sjate, has adopted the same provision.—
The late Convention in Massachusetts affords
one of the strongest evidences th it a patriotic
people can give, in favor of its provisions. This
Convention was composed of their wisest and
best mon, selected without reference to partv,
and embracmg almost the whole body of the
t dents ol that state. 1 hey were two months
in session, and in the pour.se cf all their debates,
not a word ofcompiaint was uttered against this
part of the constitution.
“Sir, such is the superior force and influence
, of legislative power—such is the reverence and
j regard witn xxhich it is looked up to, that no
I man in the community will have the temerity,
' on ordinary occasions, to resist its acts, or check
i its proceedings. 1 cannot illustrate this posi
tion more strongly than by a reference to the
constitu.i.in ol tmgluid. There the executive
is a branch ol the Legislature, and has an abso
lute negative. Surrounded as he ii with pre
( rogative. and placed far beyond the reach of
I the people, yet since the year 1G92, no objec
| tion lias been made by the King of Great Bri
! tain to any bill presented for his approbation.
Rather than produce the excitement and irrita
tion xvhich, even there, would result from the
rejection of a bill passed by the parliament, he
has resorted to means which have degraded the
govc. ii.ni'ih, ami dishonored th * nation, to pro
l vent the passage of bills xvhich lie shoiild feel it
■ his cln.y to reject. In tne declaration of iride
: pendence, in the catalogue of wrongs under
I wnich our fathers had been suffering, one of the
i most prominent xvas, that the king had exercised
| his prerogative, and had refused his san,ct : on to
I salutary laws, Gentiemep may therefore rest
i sutiskea, that very little danger is to be appre
’ bended on this subject. There is, besides a
' proposition to reduce the term of service of the
; Governor, from three years to one. Is it pos
| sible, then, that when thus made immediately
. responsible to the people, there can exist aqv
i well founded causes of alarm ?
“I hope, sir, xve shall adopt the report of the
committee, for these, and many other reasons
which I shall not tire the patience of the com
mittee by detailing. It is a common re/mar'k,
that in alterations in government, people are
! apt to go from one extreme to the other. And,
sir, are not gentlemen nowgoing upon extremes?
We have abolished the Council of revision, and
weakened the revisory (lower, and by the a
mendment offered by the gentleman from Dutch
ess, (Mr. Livingston) wo destroy it altogether.
True, the Governor can return a bill with his
object’ >us. But what will it avail? A bare
majority can pass the bill notxvithstanding, and
as h.is reasons v, ill probably be those which the
Legislature have already considered, can it he
believed, sir, that his recommendation xviil have
any effect ? Can it be supposed for a moment,
that the members of the Legislature would to
day recotd tneir names on the journals in one
way, mid tomorrow record them in a different
way? And will not the Governor be restrained
from exercising that (lower, when he knows it
is vain and idle ?
“ >» e have heretofore had the revisory power
in the hands of the judiciary and executive uni
ted ; and noxv, because the people call for its
separation, shall xve destroy it altogether! .Shall
xve go to the other extreme, and have no re
striction whatever? 1 cannot perceive the ben
efits to iCsiilt front such a course ; I ant per
suaded of its impropriety. We have decide I
on abolishing the Council of revision, in a man
ner that will redound to our credit: and I had
flattered myself from the pronqitness witli xvhich
that decision was made, that the passage of the
amendment xvould have fallowed xvithmit oppo
sition. Let us not agitate and excite the fears
of the community. They have expected an al
teration of the legislative check, but not an
abandonment of the principle. A portion of the
people of this state, believe the Council of revi
sion to have been wisely instituted, and of great
practical utility. There arc others, who think
a change ii necessary, and that the judiciarv
should have no connection with the other bi a'-.cli
cs of government. Adopt tiie proposition of
the gentleman from Duchess, and what will be
the consequence? You alarm those two groat
bodies of our citizens, and hazard the rejection
of your proceedings. If xve xvould inspire the
people xvith confidence in our acts—if wo would
ensure their approbation—if we would effect
those xvise and salutary amendments which the
public voice and the public interest demand,
xve should beware of vibrating to extremes, and
of introducing an innovation so hazardous ami
unexpected, as that which we are discussing.”*
The article, as reported by the committee,
and sustained by Air. Van Bulen, xvas finally a
dopted into the constitution.
Analogous to the question involved in the a
bove article, was that xvhich arose on the term
tor which the Governor should be elected, A
part of Mr. \ an Buren’s remarks on this point
xvere as follows :
“As xve increase the (lower of the executive,!
xve should also increase the responsibility of'the
Governor. We should bring him more fre- ;
fluently before the people. 1 lis conflicts, if any, I
will not be with the Legislature. lie xyas rei;- |
dered by the provision noxv proposed, utterlv j
* Carter and Htoun’s Reports of the New York !
Con' r-ntiuti, page7l). i
ss BY c. c,. u«.iirrc.4*iN,'
wetrnjE iwo. 13$,
mid entirely independi nt of the Legislature,
Os the peoplj he nil not think, he should be
itndeifd so independent. In the exercise,
ot the veto, v.liich will only take place
on important cecasions, he will be supported,
if he should have acted manifestly for ti c pub
lic geod. He had not experienced ike evils of
ti ierniial elections; but as xve had vastly in
c: ea.'t':l the power ot the Governor, a strong
dedreis manifested to abridge-his term, and hi
this sentiment he concmrui, lJulhuw abridge
it? Me wish the people.to have an opportu
nity ol testing their Governor’s conduct, not
by the feelings of temporary excitement, but
by tiiat spber second thought, which is never
xvreng. (an that be effected if you abridge tlio
term to mtw year I sir.: it is tkoewssary
that US P'ljwt r exist tons enough ta sui viv that
temporary excitement, wkich a measure of pub,
lie importance must occasion, and to enable
tne people to detect the fallacy with which the
acts of government may be veiled as to their
real motives. Can a fair judgment of motives,
or < f the effect of measures, be n a'e in a few
niond.s? No, sir—even a term longer that,
three years, must sometimes be necessary to
enable us to judge of the effect of measures.—
But vp must no: g > into extremes, or we sbalj
rouse thejeali u i-s ol the people, in weakening
the resj>onsibiiity to them, of their public t.filr
cers. Let us lest the question Ly reason. You
have a sta.e and population, whose concerns
bear u strong analogy to the interests of the Un?
ion. Can a Governor, in a term of one year,
make himself acquainted with the interests, ti e
wants, and cond.t.on cf this great state ? There
was one remark he made v. i h great deference ;
in al! the eastern states, the tenure of the chief
magistrate is for only oi.p year: and the major!
ty oftliis Convention have imbibed their notions
(Eider those constitutions, and naturally consider
diem wise. Others, xvlio have lived under the.
constitution of this state, have preferred, as ho
had been accusten.ed to do. the tenure of tbiep
years; and ho asked, if there was not some
respect, some coiuiiy dee, tp those who have
viewed lids, among other provisions of cur con
slitu i p, with reverence. For these reasens I e
iioped the blank xvould be filled with twoycars.”**
Ou the 17tb t>f Sept< inber, Mr. Van Bu
ren, as chairman of the committee on the
appointing power, presented an elaborate
report, the result of great consideration and
reitecliim on the pail of the comniittep.
The principles of this report were defended
and explained by Mr. Van Buren on several
occasions, but as his remarks, on .this se.L?
ject, do not hivplxe any important general
views, they are pot here inserted. Tl.e pro
position oi the committee, 'xiilijonie moiii
lication, xvas finally adopted. The Coui.-
cil of ap],ointment wire abolished ; the sub
stitutes adopted, appear in the constitution
of that state.®
Ou the proposition of prefixing to ti e
coiretitmi-m a bill of lights, Air. Van Bti
ico xvas averse to it : “A bill of rights, Sir,”
said be “ ispi privileg.e, according to she <>-
rigmal signification pt it ; a concession,
extoried from the king in favor of popular
liberty. But how does that applv here ?’ ?
He then went into a l.jstory of the origin
oi bills of right in England, and concluded
by expressing a wish that, as a bill of rights,
this might not prevail ; but that any pro
vision on it, which might be deemed saluta
ry, should be engralted upon the constitu
tion.
One of the principal objects of amend
ing the constitution xvas to extend the riulit
ol suffrage; and the leading discussions in
the Convention related to that topip. The
committee to xx horn t|)at subject was referred,
proposed a residence of six months in the
state, and the having'paiil taxes, or xvorked
on the highways, or done military duty, as
the qualification of an elector. Judge Spen
cer as tin amenument, to require, as a qual
ification to vot.e lor Senators, a freehold es
tate of the value of two hundred ami f-fiv
dollars. Air. Van Buren strenuously op
posed this amendment. and the following
extracts from bis speech on this occasion,
will shew his general views with regard to
the propriety of restricting the elective Iran
ebise to freeholders.
“ Air. Van Buren, said he was opposed
to the amendment under consideration, 0.-
tered by the gentietnan from Albanv,
(Chief Justice Spencer ;) and he would bee;
the indulgence of tlje committee, for a short
time, while he should attempt to explain the
reasons, which, in his opinion, required its
njectiou. The extreme importance which
the honorable mover had attached to thy
subject, and the sombre and frightful pjc
ture which had been drawn bv bis colleague
(the Chancellor,) of the alarming copse?
quences, which would result from tjie n.dup
t on of a course, different from the pije re
commended, rendered it a duty, tylpch those,
w.io entertaimd a con r iry opinion, owed
t > themselves and their constituents, to ex
j 1 tin the motives xvhich governed them. If
a stranger had heard the discussions on this
subject, and had been unacquainted withthe
character of our people, and the character
and standing of those, who find it their da
tv to oppose this measure, he might wt
have supposed, that we were on the poin
of prostrating with lawless violence, ope c
the lairest and hrinest pillars ct the govern
ment, and of introducing into the san.ctim
ry of the constitution, a mob or a rabb’c,
violent and disorganizing, as were the Jac
obins ot Fin ice ; and furious and visiona
ry as the radicals of Engiaud,.aj-e, by some
gcntletnc::, supposed to be. The houorale
gentl ’inan from Albany, (the Chancellor,)
t dis •>*» that if we send the constitution to
the people, w ithout the provision, contem
plated by the proposition now under coi:
sidetation, it will meet with the scorn oftlu
wise, and he bailed xvith exultation by the
vicious and the profligate. He entertained,
he sail], a high personal respect for the mo
ver e.f this amendment, and also for his lear
ned colleague, who had so eloqttenily and
pathetically descrilud to them the many
evilsand miseries xvhich its rejection wotil
occasion; he declared his entire convKimn
of his sincerity in what he jiarl uttered, bis
simplicity of character, he bad himself s.
* Debates in New York Convention, page 147
*-Seo an able speech by Air. \ an Buren ex
plaining the report of the committee, in the De
bates of the Convention, page 296,
