INTKOUUCTION. 77 



revision, very earnestly insisted upon some more effective check on hasty and 

 improper legislation than he thought would be secured by the veto of the governor 

 dependent, (as it was supposed he would be,) on the legislature. Erastus Root 

 opposed these views and supported the amendment, declaring, with his customary 

 energy, that he deprecated the firmness which gi-ew out of an independence of 

 the popular voice to oppose the popular will. Chancellor Kent expressed his 

 apprehension "that the sober minded people of the state would not be satisfied 

 to see so important a column of the constitution destroyed, without having it 

 replaced by sometliing more efficient in its character, and useful in its operation," 

 than the qualified veto which was proposed. James Tallmadge supported the 

 proposition in a speech of great ability, and evincing deep research into the history 

 of government. Daniel D. Tompkins, who was the president of the convention, 

 approved the principle of a qualified negative upon legislation, but opposed the 

 conferring that power upon the governor alone, and proposed to establish a 

 council to consist of the governor, Ueutenant-governor, and attorney-general and 

 others. He also proposed to confine the powers of the governor's veto to cases 

 in which unconstitutional laws were offered for his signature. Abraham Van 

 Vechten, Samuel Young and John Duer, approved the plan proposed by the 

 committee, and it was finally adopted. 



Under the former constitution, the pardoning power was vested in the governor, 

 except in capital cases. That power was now conferred on the governor, with 

 unhmited power to pardon in all cases except treason ; after a debate in which 

 Mr.. Tompkins, Ogden Edwards, David Buel junior, Samuel Nelson and Peter 

 R. Livingston, endeavored to procure an amendment, by which the governor 

 should be obliged to assign reasons for granting executive clemency ; which pro- 

 position was opposed by Mr. Kent, Mr. Piatt and others, Mr. Root endeavored 

 to retain the legislative power of pardon in capital cases. 



The power to prorogue the legislature, conferred by the old constitution, was 

 abolished, on motion of Mr. Root; but the convention was at one time almost 

 equally divided on the question. 



