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CHAPTER XVIII.

Opinions of the Hunker and Radical Members of the Legislature of 1845 on the subject of the necessity of a Constitutional Convention-Different views of the Hunkers, Radicals, and Whigs on that subject-Character of John Young-Amendments to the Constitution proposed by the Legislature of 1844, and approved by the Electors at the November election of that year-Action of the Whig Members of the Legislature on those Amendinents-Circumstances which led to the passage of a Convention Bill-Final passage of the Bill in the Assembly-Debate on that occasion-Proceedings in the Senate on the Convention Bill-Its final passage in that House-Passage of the Canal Bill-Is vetoed by the Governor-Resignation of Judge Kent, and appointment of Judge Edmonds as Circuit Judge of the First Circuit.

THE session of 1845 was an exciting one, not only on account of the numerous and important appointments which were made by the legislature, but also on account of the discussion and decision upon the project of a convention to revise the constitution, and of the passage through both houses of the canal bill, and the governor's veto of it.

It may be safely asserted, that when the subject of a convention was first agitated, the hunkers were opposed to any convention, and with them, on this question, many of the leading radicals concurred. They probably reasoned in this way: There are, it is true, a few alterations which ought to be made in the constitutional law in relation to the judiciary, and in some other respects, but these amendments can be made in a constitutional way, if indeed they are called for by that strong current of public opinion, without the evidence of the

existence of which the great charter of our liberties and civil institutions ought not to be touched. As a measure of party policy, it is perfectly absurd. We have now the whole judiciary; and the appointing power, both executive and legislative, is now in our hands, and likely to remain so. We, therefore, can, by no possibility, gain any thing, but may lose much."

But there was undoubtedly a portion of the radicals, among whom we may safely reckon Mr. Hoffinan, Col. Young, and Col. Crain, who believed in the absolute necessity of making the substance of the act of 1842 a part of the constitution; and they believed this measure to be so highly important as to be paramount to all others. Hence the message of the governor was disliked by the radicals; for although Mr. Wright in his message admitted that a necessity for a convention might exist, the fair inference from his remarks on that subject is, that in his judgment such necessity did not then exist.*

Radical whigs, who constituted a large majority of the whig party, believed that some amendments ought to be made to the constitution, and they preferred making those amendments through the agency of a convention, than by the mode provided in the existing constitution. They had nothing to lose by the agitation which might be produced by a convention, and might gain much. Viewed as a question of party policy, their condition was precisely the reverse of the democrats. This the leaders of the radical whigs saw most clearly,

After the message was written, Gov. Wright invited Gov. Marcy, Mr. Croswell, and Chief-Justice Bronson, to meet with the state officers at the reading of it. The convention question was not, on that occasion, discussed or mentioned.

and therefore seized the occasion to avail themselves of all the advantages their position afforded.

The Native Americans also desired some alterations in the constitution, particularly in relation to the eligibility to office of adopted citizens, and they also reasoned like the whigs, that they could lose nothing, and might by possibility gain something by a convention, and therefore favored the project.

Of all the members who supported the bill for calling a convention, vested with unrestricted powers, the antirenters were probably the most sincere. They could not anticipate any effectual relief from the evils of which they complained, without some radical alteration of the fundamental law, and they therefore approached the convention question with great and no doubt honest zeal.

It would appear from the vote on the speaker question that the natives, anti-renters, and whigs amounted in the aggregate to sixty in number. The democrats therefore, when united, held but a small majority over all the other parties in the house, if on any occasion they should choose to combine.

JOHN YOUNG, the present governor, is perhaps one of the most sagacious politicians who ever took part in the political contests of this state. With talents of a high order, industry, patient perseverance, a profound knowledge of men, he was one of the ablest party leaders and most skilful managers in a popular body that ever entered the assembly chamber; quick to perceive when and how an advantage might be gained over an adverse party, he was ready and prompt to seize it; but no man could wait more quietly for the arrival of the proper time for action than he. He not only wished to effect the passage of a law recommending a convention, but

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he wished that such law should be passed in such a manner that it could be claimed as a whig measure. To do this it became necessary to avail himself of the division. among the democratic members, and he, by the aid of Mr. Worden, an able and eloquent member from Ontario, pursued his object with most consummate skill and address.

We will conclude our remarks upon the character of Mr. Young by quoting from a letter written by a democratic member of the legislature to the author:

"I do not know that I can give you a well-defined sketch of the character and position of Gov. Young. There are peculiarities in both which are difficult to describe. He is courteous and gentlemanly in his manners, and intelligent and interesting in conversation He appears to the best advantage in a deliberative body, and when he comes in immediate contact with those upon whom he wishes to act. He is an admirable debater, and carefully avoids weakening the interest with which he is heard, by speaking too diffusely or too frequently. Possessed of a good voice, a fine imagination, and an earnest and persuasive style of speaking, he always attracts and holds the attention of his audience. He is cool, cautious, and steady in the pursuit of his objects. In the winter of 1845, he displayed great skill and tact in procuring the passage of the bill for the convention, in such a form, and under such circumstances, that it had the aspect of a whig measure, while at the same time he prevented any union of the democratic members upon its form and provisions. His efforts during this session placed him at the head of the whig party, at the same time that they paved the way for his promotion by reviving the spirit of the whigs, which had been crushed

by the recent election, and by dividing and weakening the democratic party. In his intercourse with men he shows great tact and cunning, and he strives to adapt himself to the sentiments and feelings of the day, rather than to impress his own convictions upon others."

The preceding legislature had proposed several amendments to the constitution, which had at the last election been approved by the people, and which now required twothirds of the votes of the members of the present legislature to constitute such amendments a part of the constitution. The first proposed amendment was to incorporate substantially into the constitution the act of 1842.

The second restricted the power of the legislature to create debts, or loan the credit of the state.

The third, that no property qualification should be required to render a citizen eligible to hold any office or public trust.

The fourth, to prevent the removal of any judicial officer without cause.

The fifth, to add three associate chancellors to the Court of Chancery.

The sixth, to add two justices to the Supreme Court. These resolutions were all passed in the senate by the affirmative votes of more than two-thirds of the members of that body.

In order to render the call of a convention indispensable, it was necessary that these amendments, or some of those which were deemed material by the radical democrats, should be rejected. At this point Mr. Young commenced his labors; and when the amendments came up for consideration, all of them, except the third and fourth, were rejected, there being from 61 to 63 votes in their favor, and from 50 to 56 against them. If we

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