I Mention This As It Bears With Some Strength On
The Question Of The Right Of Secession, And Indicates The
Jealousy
of the individual States with reference to the Federal government.
The Governor can convene extra sessions of one House
Or of both.
He makes a message to the legislature when it meets - a sort of
Queen's speech; and he receives for his services a compensation to
be established by law. In New York this amounts to 800l. a year.
In some States this is as low as 200l. and 300l. In Virginia it is
1000l. In California, 1200l.
The Governor can pardon, except in cases of treason. He has also a
veto upon all bills sent up by the legislature. If he exercise
this veto he returns the bill to the legislature with his reasons
for so doing. If the bill on reconsideration by the Houses be
again passed by a majority of two-thirds in each house, it becomes
law in spite of the Governor's veto. The veto of the President at
Washington is of the same nature. Such are the powers of the
Governor. But though they are very full, the Governor of each
State does not practically exercise any great political power, nor
is he, even politically, a great man. You might live in a State
during the whole term of his government and hardly hear of him.
There is vested in him by the language of the constitution a much
wider power than that intrusted to the governor of our colonies.
But in our colonies everybody talks, and thinks, and knows about
the governor. As far as the limits of the colony the governor is a
great man. But this is not the case with reference to the
governors in the different States.
The next article provides that the Governor's ministers, viz, the
Secretary of State, the Controller, Treasurer, and Attorney-
General, shall be chosen every two years at a general election. In
this respect the State constitution differs from that of the
national constitution. The President at Washington names his own
ministers - subject to the approbation of the Senate. He makes many
other appointments with the same limitation, and the Senate, I
believe, is not slow to interfere; but with reference to the
ministers it is understood that the names sent in by the President
shall stand. Of the Secretary of State, Controller, etc.,
belonging to the different States, and who are elected by the
people, in a general way, one never hears. No doubt they attend
their offices and take their pay, but they are not political
personages.
The next article, No. VI., refers to the judiciary, and is very
complicated. As I cannot understand it, I will not attempt to
explain it. Moreover, it is not within the scope of my ambition to
convey here all the details of the State constitution. In Sec. 20
of this article it is provided that no judicial officer, except
justices of the peace, shall receive to his own use any fees or
perquisites of office." How pleasantly this enactment must sound
in the ears of the justices of the peace!
Article VII. refers to fiscal matters, and is more especially
interesting as showing how greatly the State of New York has
depended on its canals for its wealth. These canals are the
property of the State; and by this article it seems to be provided
that they shall not only maintain themselves, but maintain to a
considerable extent the State expenditure also, and stand in lieu
of taxation. It is provided, Section 6 that the "legislature shall
not sell, lease, or otherwise dispose of any of the canals of the
State; but that they shall remain the property of the State, and
under its management forever." But in spite of its canals the
State does not seem to be doing very well, for I see that, in 1860,
its income was 4,780,000 dollars, and its expenditure 5,100,000,
whereas its debt was 32,500,000 dollars. Of all the States,
Pennsylvania is the most indebted, Virginia the second, and New
York the third. New Hampshire, Connecticut, Vermont, Delaware, and
Texas owe no State debts. All the other State ships have taken in
ballast.
The militia is supposed to consist of all men capable of bearing
arms, under forty-five years of age. But no one need be enrolled,
who from scruples of conscience is averse to bearing arms. At the
present moment such scruples do not seem to be very general. Then
follows, in Article XI., a detailed enactment as to the choosing of
militia officers. It may be perhaps sufficient to say that the
privates are to choose the captains and the subalterns; the
captains and subalterns are to choose the field officers; and the
field officers the brigadier-generals and inspectors of brigade.
The Governor, however, with the consent of the Senate, shall
nominate all major-generals. Now that real soldiers have
unfortunately become necessary, the above plan has not been found
to work well.
Such is the constitution of the State of New York, which has been
intended to work and does work quite separately from that of the
United States. It will be seen that the purport has been to make
it as widely democratic as possible - to provide that all power of
all description shall come directly from the people, and that such
power shall return to the people at short intervals. The Senate
and the Governor each remain for two years, but not for the same
two years. If a new Senate commence its work in 1861, a new
Governor will come in in 1862. But, nevertheless, there is in the
form of government as thus established an absence of that close and
immediate responsibility which attends our ministers. When a man
has been voted in, it seems that responsibility is over for the
period of the required service. He has been chosen, and the
country which has chosen him is to trust that he will do his best.
I do not know that this matters much with reference to the
legislature or governments of the different States, for their State
legislatures and governments are but puny powers; but in the
legislature and government at Washington it does matter very much.
But I shall have another opportunity of speaking on that subject.
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