INTRODUCTION. 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 grew 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 something 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, lieutenant-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 
unlimited 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. Platt 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. 
