North America — Volume 1

by Anthony Trollope

The third article provides for the election of the Senate and the Assembly. The Senate consists of thirty-two members. And it may here be remarked that large as is the State of New York, and great as is its population, its Senate is less numerous than that of many other States. In Massachusetts, for instance, there are forty senators, though the population of Massachusetts is barely one third that of New York. In Virginia there are fifty senators, whereas the free population is not one third of that of New York. As a consequence the Senate of New York is said to be filled with men of a higher class than are generally found in the Senates of other States. Then follows in the article a list of the districts which are to return the Senators. These districts consist of one, two, three, or in one case four counties, according to the population.

The article does not give the number of members of the Lower House, nor does it even state what amount of population shall be held as entitled to a member. It merely provides for the division of the State into districts which shall contain an equal number, not of population, but of voters. The House of Assembly does consist of 128 members.

It is then stipulated that every member of both houses shall receive three dollars a day, or twelve shillings, for their services during the sitting of the legislature; but this sum is never to exceed 300 dollars, or sixty pounds in one year, unless an extra Session be called. There is also an allowance for the travelling expenses of members. It is, I presume, generally known that the members of the Congress at Washington are all paid, and that the same is the case with reference to the legislatures of all the States.

No member of the New York legislature can also be a member of the Washington Congress, or hold any civil or military office under the general States Government.

A majority of each House must be present, or as the article says, "shall constitute a quorum to do business." Each House is to keep a journal of its proceedings. The doors are to be open,—except when the public welfare shall require secresy. A singular proviso this in a country boasting so much of freedom! For no speech or debate in either House shall the legislature be called in question in any other place. The legislature assembles on the first Tuesday in January, and sits for about three months. Its seat is at Albany.

The executive power, (Art. IV.) is to be vested in a Governor and a Lieutenant-Governor, both of whom shall be chosen for two years. The Governor must be a citizen of the United States, must be thirty years of age, and have lived for the last four years in the State. He is to be commander-in-chief of the military and naval forces of the State,—as is the President of those of the Union. I see that this is also the case in inland States, which one would say can have no navies. And with reference to some States it is enacted that the Governor is commander-in-chief of the army, navy, and militia, showing that some army over and beyond the militia may be kept by the State. In Tennessee, which is an inland State, it is enacted that the Governor shall be "commander-in-chief of the army and navy of this State, and of the militia, except when they shall be called into the service of the United States." In Ohio the same is the case, except that there is no mention of militia. In New York there is no proviso with reference to the service of the United States. 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 £800 a year. In some States this is as low as £200 and £300. In Virginia it is £1000. In California £1200.

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 Governors 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 Comptroller, 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. As regards these nominations in general, 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, Comptroller, &c., 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. After considerable study I have failed to understand it. The judges are elected by vote, and remain in office for, I believe, a term of eight years. In Sect. 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 for ever." 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 is the second on the list, 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.