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De Witt Clinton and the Origin of the Spoils System in New York
73] Cornell University Library JK 731.M2 ... De Witt Clinton and the origin of th 3 1924 002 312 662 SlrUDEES IN HISTORY, ECONOMIOS AND PUBLIC LAW EDITED BY THE FACULTY OF POLITICAL SCIENCE OF COLUMBIA UNIVERSITY Volume XXVIII] [Number 1 De WITT CLINTON AUD THE ORIGIN OF THE SPOILS SYSTEM IN NEW YORK HOWARD LEE McBAIN, Ph.D., /Sometime Honorary Fellow in Constitutional Lam, Colwmhia Univeriity THE COLUMBIA UNIVERSITY PRESS THE MACMILLAN COMPANY, AGENTS London : P. S. King & Son 1907 THE LIBRARY OF THE NEW YORK STATE SCHOOL OF INDUSTRIAL AND LABOR RELATIONS AT CORNELL UNIVERSITY 1 DeWITT CLINTON AND THE ORIOIN OF THE SPOILS SYSTEM IN NEW YORK Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924002312662 STUDIES IN HISTORY, ECONOMICS AND PUBLIC LAW EDITED BY THE FACULTY OF POLITICAL SCIENCE OF COLUMBIA UNIVERSITY Volume XXVIII] [Number 1 De WITT CLINTON AND THE ORIGIN OF THE SPOILS SYSTEM IN NEW YORK HOWARD LEE McBAIN, Ph.D., Sometime Honorary Fellow in Constitutional Law, Colvmhia University THE COLUMBIA UNIVERSITY PRESS THE MACMILLAN COMPANY, AGENTS London : P. S. King & Son 1907 Copyright, 1907, BY HOWARD LEE McBAIN 1 JK 1S) CONTENTS CHAPTER I EARLY PATRONAGE UNDER THE CONSTITUTION PAGE Introduction 11-15 Misrepresentations of DeWitt Clinton's policies 11-12 Sources for study of 12 Plan of present study of New York patronage 13-15 Relation of systems previous to 1801 13 Relation of national systems I3~i5 Washington's policy of patronage 15-25 His problems differ from those of his successors 16-17 His attitude toward anti-adoptionists 17-20 In general 17-18 In Rhode Island 18-20 His consideration of Revolutionary services 20-21 His general principles in making appointments 21-23 Later consideration of politics in cabinet appointments 23-24 His New York appointments—Theory of Hamiltonian influencejrefuted. -
Introduction to the Ratification of the Constitution in New York
Introduction to the Ratification of the Constitution in New York During the decade preceding the War for Independence, New York was divided into two large provincial factions—the Delanceys and the Livingstons. When independence neared, the Delanceys were in power and they remained loyal to the king. The opposition to British imperial policy consisted of three groups—the radical elements led by New York City mechanics who advocated independence from Great Britain, a very conservative group that wanted reconciliation, and another conservative group that wanted to delay independence but would not give up key colonial rights. Because conservatives controlled the third Provincial Congress, that body gave no instructions on the question of independence to New York’s delegates to the Second Continental Congress meeting in Philadelphia. Not being instructed, the New York delegation, standing alone, did not vote on independence on 2 July 1776. Earlier, in response to the Continental Congress’ resolution of 15 May 1776, the third Provincial Congress had called on the electors in the different counties to elect a fourth provincial congress which might draft a constitution creating a state government. The election took place and the new Provincial Congress on 9 July resolved unanimously to join the other colonies in declaring independence. The next day it renamed itself the Provincial Convention. On 1 August the Convention appointed a committee of thirteen to draft a state constitution and to report by 26 August. The committee did not report until 12 March 1777. After almost six weeks of debate, the Convention on 20 April voted “in the name and by the authority of the good people of this State” to adopt the constitution. -
Washington and Saratoga Counties in the War of 1812 on Its Northern
D. Reid Ross 5-8-15 WASHINGTON AND SARATOGA COUNTIES IN THE WAR OF 1812 ON ITS NORTHERN FRONTIER AND THE EIGHT REIDS AND ROSSES WHO FOUGHT IT 1 TABLE OF CONTENTS Illustrations Maj. Gen. Jacob Brown 3 Map upstate New York locations 4 Map of Champlain Valley locations 4 Chapters 1. Initial Support 5 2. The Niagara Campaign 6 3. Action on Lake Champlain at Whitehall and Training Camps for the Green Troops 10 4. The Battle of Plattsburg 12 5. Significance of the Battle 15 6. The Fort Erie Sortie and a Summary of the Records of the Four Rosses and Four Reids 15 7. Bibliography 15 2 Maj. Gen. Jacob Brown as depicted3 in an engraving published in 1862 4 1 INITIAL SUPPORT Daniel T. Tompkins, New York’s governor since 1807, and Peter B. Porter, the U.S. Congressman, first elected in 1808 to represent western New York, were leading advocates of a war of conquest against the British over Canada. Tompkins was particularly interested in recruiting and training a state militia and opening and equipping state arsenals in preparation for such a war. Normally, militiamen were obligated only for three months of duty during the War of 1812, although if the President requested, the period could be extended to a maximum of six months. When the militia was called into service by the governor or his officers, it was paid by the state. When called by the President or an officer of the U.S. Army, it was paid by the U.S. Treasury. In 1808, the United States Congress took the first steps toward federalizing state militias by appropriating $200,000 – a hopelessly inadequate sum – to arm and train citizen soldiers needed to supplement the nation’s tiny standing army. -
The Constitutional History of New York
The Constitutional History of New York Charles Z. Lincoln's five-volume The Constitutional History of New York from the Beginning of the Colonial Period to the Year 1905, Showing the Origin, Development, and Judicial Construction of the Constitution remains the authoritative history of the evolution of the State Constitution through the 19th century and the forces that shaped the principles it has embraced. The Historical Society of the Courts of the State of New York has excerpted a number of passages from this compilation which are of particular relevance to the history of the State Courts: • A profile of the author • The Colonial Judiciary • The New York Judiciary, 1777-1845 • The Judiciary Article Under the Third Constitution (1846) • The First Constitution, 1777 • Amendments to the First Constitution - The Convention of 1801 • Woman Suffrage • Woman Suffrage Addendum CHARLES Z. LINCOLN Charles Z. Lincoln was born August 5, 1848, at Grafton, Vermont. An orphan at eight years of age, he resided during his childhood years with various relatives. He was educated in public schools and at Chamberlain Institute, in Randolph, New York. Mr. Lincoln taught school in Cattaraugus and Chautauqua Counties until 1871, when he began the study of law with Joseph R. Jewell, at Little Valley, New York, and with Charles S. Cary, at Olean, New York. He was admitted to the bar in 1874 and thereafter engaged in private practice. He has been President and Attorney of [photograph and biographical Little Valley, a member of the Board of information courtesy of the Education, a State Senator and a Convention Manual of the Sixth New Delegate to the New York Constitutional York State Constitutional Convention Convention of 1894. -
The Council of Revision and the Limits of Judicial Power James T
COMMENTS The Council of Revision and the Limits of Judicial Power James T. Barry IIIt The limits of judicial power and the proper role of the judici- ary in the Constitutional scheme have always been matters of great controversy. Recent manifestations of this controversy include the debate over the scope of the Fourteenth Amendment, the breadth of standing requirements, the inclusion of judges on the Federal Sentencing Commission, and the role of the judiciary in appointing independent counsels to investigate executive branch officials. Al- though these issues are usually discussed on more abstract grounds, the historical background of the Constitution often creeps into the debate. In this context, one event often mentioned is the Framers' de- bate over and rejection of a Council of Revision at the Constitu- tional Convention of 1787. The proposed Council would have vested the federal veto power in an institution composed of the President and several members of the federal judiciary, presuma- bly the Justices of the Supreme Court. The history of this proposal illustrates how the Framers, faced with a model of judicial involve- ment in the lawmaking process, chose instead a judiciary that took no part in the creation of laws. In so doing, the Framers effectively chose to preclude the courts from deciding matters of public policy and to create a special place for the courts in the separation of powers scheme. Though the history of the proposed Council is relevant to many issues that perennially confront the courts, scholars have given that history remarkably little attention. This comment seeks to remedy that lack of scholarship by examining the history of the t B.S.F.S., Georgetown University, 1986; J.D. -
Claudius Victor Boughton: Namesake and Mystery Man
Claudius Victor Boughton: Namesake and Mystery Man By Preston E. Pierce The Ontario County Town of Victor was created by the legislature on May 26, 1812. Ch. 52 of the Laws of 1812 not only created the town by subdividing the old Town of Bloomfield, it also named the new township Victor. There is no doubt that the town is named for Claudius Victor Boughton. He was the son and grandson of a prominent founding family.1 His father and grandfather (Hezekiah Boughton, Sr. and Jr.) were soldiers of the Revolution. His uncle, Enos Boughton, made the original purchase (Number 11; 4th Range) of the land that became the Town of Victor from the Phelps and Gorham land company, using money supplied by Hezekiah Boughton, Sr. (and “other members of the family,”).2 Detail of 1790 map of Phelps and Gorham Purchase (see p. 19). Since at least 1851, the accepted explanation for the choice of a name for the town has been that Claudius Victor Boughton was a man of affairs and distinguished himself as a bearer of dispatches in the War of 1812.3 For his distinguished service, the state legislature may have presented Claudius Victor Boughton with a sword. That story has been widely repeated in nearly every local history. 1 Claudius Victor Boughton was the son of Hezekiah Boughton, Jr. (and Huldah Wilson); a brother of Enos Boughton who actually made the initial purchase of what became the Town of Victor. Enos was a secretary to William Walker, a land agent for Phelps and Gorham. See: Willis A. -
CHAPTER IV. the Second Constitution, 1821
CHAPTER IV. The Second Constitution, 1821. The evolution of our Constitution has brought it to a condition where amendments are comparatively easy. The rule requiring a vote by the people once every twenty years, or oftener, as the legislature may provide, to de termine whether a convention shall be called to revise the Constitution, affords frequent opportunities for con sidering the Constitution as a whole; while, by another provision, the legislature may, at any time, submit to the people specific propositions for amendment, without con sidering the whole instrument. This provision furnishes an easy method of altering the Constitution to meet new conditions; indeed, the method is rather too easy, for it affords opportunity for frequent attempted changes in the fundamental law; and if the Constitution, for any reason, happens to be unsatisfactory to a given class of people, and they find that they cannot do all that they think they wish to do, under the existing Constitution, they immediately seek to amend it, as if it were a statute, not possessing permanent character. The ease with which we may now propose amendments is in marked contrast to the difficulties surrounding the subject of constitutional changes during the first forty-five years of our history. It has already been noted that the first Constitution contained no provision for its own amendment. The legislature could not, as it may now do, submit to the people propositions for specific amendments, nor could [613] Digitized by the New York State Library from the Library's collections. 6i4 Constitutional History of New York. it direct that a convention be held to consider amend ments, or a general revision. -
1St New York State Legislature - Wikipedia
1st New York State Legislature - Wikipedia https://en.wikipedia.org/wiki/1st_New_York_State_Legislature The 1st New York State Legislature, consisting of the New York State 1st New York State Senate and the New York State Assembly, met from September 9, 1777, to Legislature June 30, 1778, during the first year of George Clinton's governorship, first at Kingston and later at Poughkeepsie. ← State 2nd → Constitutional Convention Background Apportionment and election Sessions State Senate Districts Senators Senate House, Kingston, the place Employees of the first session of the State State Assembly Senate (2007) Districts Overview Assemblymen Employees Jurisdiction New York, United States Notes Sources Term September 9, 1777 – June 30, 1778 Senate The 4th Provincial Congress of the Colony of New York convened at White Members 24 Plains on July 9, 1776, and declared the independence of the State of New President vacant York. The next day the delegates re-convened as the "Convention of Temporary Pierre Van Representatives of the State of New-York" and on August 1 a committee was President Cortlandt appointed to prepare a State Constitution. The New York Constitution was Assembly adopted by the Convention on April 20, 1777, and went into force Members 70 (de facto 65) immediately, without ratification by popular vote. Speaker Walter Livingston Sessions 1st September 1, 1777 – October The State Senators were elected on general tickets in the senatorial 7, 1778 districts, and were then divided into four classes. Six senators each drew 2nd January 5, 1778 – April 4, 1778 lots for a term of 1, 2, 3 or 4 years and, beginning at the following election in April 1778, every year one fourth of the State Senate seats came up for 3rd June 22, 1778 – June 30, 1778 election to a four-year term.[1] 1 of 7 12/17/2018, 12:04 PM 1st New York State Legislature - Wikipedia https://en.wikipedia.org/wiki/1st_New_York_State_Legislature Assemblymen were elected countywide on general tickets to a one-year term, the whole assembly being renewed annually. -
Commentaries on Chancellor Kent
Chicago-Kent Law Review Volume 74 Issue 1 Symposium on Commemorating the Two Hundredth Anniversary of Chancellor Article 3 Kent's Ascension to the Bench December 1998 Commentaries on Chancellor Kent Judith S. Kaye Follow this and additional works at: https://scholarship.kentlaw.iit.edu/cklawreview Part of the Law Commons Recommended Citation Judith S. Kaye, Commentaries on Chancellor Kent, 74 Chi.-Kent L. Rev. 11 (1998). Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol74/iss1/3 This Article is brought to you for free and open access by Scholarly Commons @ IIT Chicago-Kent College of Law. It has been accepted for inclusion in Chicago-Kent Law Review by an authorized editor of Scholarly Commons @ IIT Chicago-Kent College of Law. For more information, please contact [email protected], [email protected]. COMMENTARIES ON CHANCELLOR KENT JUDITH S. KAYE* INTRODUCTION It is my distinct pleasure to be a part of this symposium on Chan- cellor James Kent, whose name stands securely alongside the giants of the law.' At this school, which bears his name, you understandably feel a special connection to Chancellor Kent. As Chief Judge of the Court of Appeals of the State of New York-our state's highest court-I too feel a special connection to him. Chancellor Kent's por- trait hangs directly over my shoulder as I sit on the bench of our magnificent courtroom in Albany.2 Every day during the Court's ses- sions, he looks out on attorneys presenting issues that were unimag- inable 200 years ago when he took the bench, yet he unquestionably contributed greatly to their resolution. -
H. Doc. 108-222
1854 Biographical Directory County, N.Y., and Wellsboro Academy, Wellsboro, Pa.; stud- Eighty-second Congresses); interment in Forest Home Ceme- ied law; was admitted to the bar in 1847 and commenced tery, Forest Park, Ill. practice in Lawrenceville, Pa.; district attorney of Tioga Bibliography: Boxerman, Burton A. ‘‘Adolph Joachim Sabath in Con- County 1850-1856; during the Civil War assisted in the or- gress: The Early Years, 1907-1932.’’ Journal of the Illinois State Historical ganization of Company A of the famous Bucktail Regiment; Society 66 (Autumn 1973): 327-40; Boxerman, Burton A. ‘‘Adolph Joachim appointed by Governor Curtin paymaster with the rank of Sabath in Congress: The Roosevelt and Truman Years.’’ Journal of the Il- linois State Historical Society66 (Winter 1973): 428-43. major in the reserve corps; moved to Pottsville, Pa., and resumed the practice of law; elected as a Democrat to the SABIN, Alvah, a Representative from Vermont; born in Forty-sixth Congress (March 4, 1879-March 3, 1881); presi- Georgia, Franklin County, Vt., October 23, 1793; attended dent of the Pennsylvania National Bank for several years; the common schools and Burlington College; member of the also interested in various other business enterprises; died State militia and served during the War of 1812; studied in Pottsville, Schuylkill County, Pa., March 12, 1901; inter- theology in Philadelphia; was graduated from Columbian ment in St. Patrick’s (No. 3) Cemetery. College (now George Washington University), Washington, D.C., in 1821; was ordained a minister and preached at RYTER, Joseph Francis, a Representative from Con- Cambridge, Westfield, and Underhill until 1825, when he necticut; born in Hartford, Conn., February 4, 1914; at- returned to Georgia, Vt.; was pastor of the Georgia Baptist tended the parochial schools and St. -
"The Jacksonian Reformation: Political Patronage and Republican Identity"
University of Tennessee, Knoxville TRACE: Tennessee Research and Creative Exchange Doctoral Dissertations Graduate School 8-2019 "The Jacksonian Reformation: Political Patronage and Republican Identity" Max Matherne University of Tennessee Follow this and additional works at: https://trace.tennessee.edu/utk_graddiss Recommended Citation Matherne, Max, ""The Jacksonian Reformation: Political Patronage and Republican Identity". " PhD diss., University of Tennessee, 2019. https://trace.tennessee.edu/utk_graddiss/5675 This Dissertation is brought to you for free and open access by the Graduate School at TRACE: Tennessee Research and Creative Exchange. It has been accepted for inclusion in Doctoral Dissertations by an authorized administrator of TRACE: Tennessee Research and Creative Exchange. For more information, please contact [email protected]. To the Graduate Council: I am submitting herewith a dissertation written by Max Matherne entitled ""The Jacksonian Reformation: Political Patronage and Republican Identity"." I have examined the final electronic copy of this dissertation for form and content and recommend that it be accepted in partial fulfillment of the equirr ements for the degree of Doctor of Philosophy, with a major in History. Daniel Feller, Major Professor We have read this dissertation and recommend its acceptance: Luke Harlow, Ernest Freeberg, Reeve Huston Accepted for the Council: Dixie L. Thompson Vice Provost and Dean of the Graduate School (Original signatures are on file with official studentecor r ds.) The Jacksonian Reformation: Political Patronage and Republican Identity A Dissertation Presented for the Doctor of Philosophy Degree The University of Tennessee, Knoxville Max Matherne August 2019 Dedicated to the memory of Joshua Stephen Hodge (1984-2019), a great historian and an even better friend. -
Judicial Notice / Issue 5
ISSUE 5 AUTUMN 2007 The Historical Society of the Courts of the State of New York JOHN JAY AS NEW YORK'S FIRST TO BETTER THE BENCH: The Labor of CHIEF JUSTICE BY WalteR StahR C. C. Burlingham1 n the late spring of 1777, after finishing their work BY GEORge MARtin OFFICERS: on the state constitution, John Jay and the other del- egates meeting in Kingston turned to the question of Albert M. Rosenblatt, hat, YOU maY asK, who would fill certain key positions in the new state President I can a single lawyer, government. The constitution provided a procedure W not holding public office, for appointing justices and most other state officers: a council of John D. Gordan, III, do to improve the quality of appointment consisting of the governor and four Vice President his state’s judges? “Nothing” senators. However, fearing that the war doubtless would have been would delay the election of a governor Frances Murray, the answer given by most Secretary and senators and anxious for the new lawyers who practiced in New courts to start work, the delegates York City in the early twen- Stephen P. Younger, named the judicial officers imme- tieth century. But Charles C. Treasuer diately, with the proviso that they Burlingham, generally known Marilyn Marcus, ‘John Jay, by B.B.E.’, one of the earliest Executive Director portraits of Jay, by an artist now known only by his initials. BOARD OF TRUSTEES: Helaine M. Barnett would only continue to serve if con- Barbara A. Brinkley firmed by the council of appointment at its first session.