Thus all poor whites, who paid no tax, and the masses of the blacks were still refused the right to vote.

The

Courts. There was less change in the judiciary. The court of errors was retained as the court of last appeal. The supreme court was reduced to a chief justice and two associates, aided by eight circuit courts. chancellor and an associate judged equity cases. The minor courts were unchanged. The governor appointed the judges. The courts were brought nearer to the people, and the judges made more dependent upon them. The law of the state was more clearly defined, also, and provision was made for future amendments.1

The Constitution of 1821, which was to be the public law for another quarter of a century, was ratified by a vote of 74,732 to 41,402 (Feb., 1822). Fundamental principles of government had been changed not by bloody revolution, but in peace, by law, to meet the needs of a more democratic epoch. At that time the action was thought to be radical, to-day it seems very conservative. Popular government had made a big advance. Civil revolution had been affected "by the votes of those who voluntarily surrendered political power into the hands of their fellow citizens."

1

Up to 1846 ten amendments were submitted to the people, mostly to extend the franchise and to make offices elective.

CHAPTER XXIX.-PARTY AND PERSONAL POLITICS

Hostility to Clinton. The last legislature under the first constitution was overwhelmingly Democratic. Governor Clinton's "speech" to the two houses was denounced as a "remnant of royalty remnant of royalty" (1822), and henceforth written "messages were used. So hostile was the feeling towards Clinton that in the first election under the new constitution (Nov., 1822) his friends induced him to withdraw from the contest. Joseph C. Yates of Schenectady, who had been mayor of his native city, state senator, and now served as judge of the supreme court, was nominated for governor and received. all but 3,000 votes, which were given to Solomon Southwick, a stump candidate."

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The Democrats were in complete control of the state. government. They had not a single opponent in the senate and only a few in the assembly. The state offices from that of city mayor to secretary of state were at their disposal. With no opposition and no state issues, personal likes and hates divided the party into factions that scrambled for place and power. The Democratic politicians were triumphant and their power centered in the famous "Albany Regency," composed chiefly of Martin Van Buren, William L. Marcy, Governor Yates, Robert Skinner, Samuel L. Talcott, Benjamin F. Butler, Edwin Croswell, and Benjamin Knower. They planned to control the state patronage and to become a deciding factor in national politics. For almost twenty-five years they dominated the Democratic party,

Choice of Presidential Electors. In the coming national election the "Regency" favored William H. Crawford for President, while the Adams, Clay, Calhoun, and Jackson men formed a party of opposition composed of two main branches-the Clintonians, and the Democrats hostile to the "Regency," who called themselves the "People's Party." At this time presidential electors were chosen by the legislature. It was feared that the "Regency " would secure the election of Crawford electors if this method were not changed. The selection of electors by popular vote was made the issue of the coming state election (Nov., 1823), since the legislature would have to decide the question. The "Regency" candidates won a majority in the legislature. After a bitter contest the assembly passed a bill favoring the choice of electors by the people, but the senate rejected it.

Result of the Defeat of the Measure.-The measure was popular. Its defeat caused great indignation. The names of those who defeated it were printed in the newspapers in bold-faced type and posted in public places. The "Regency's " enemies held Governor Yates responsible for the failure of the bill and resolved to defeat him for re-election. The "Regency" used him as a scapegoat and nominated Colonel Young to succeed him, because Young favored the proposed electoral law. The "People's Party" had favored him for governor, but protested against his alliance with the "Regency." They called a convention of the friends of the electoral law to meet at Utica September 21, 1824, and consequently were accused of working for the re-election of Clinton.

Clinton Removed. To weaken Clinton's candidacy the "Regency" rushed a resolution through the legislature to remove him from the office of canal commissioner, a position he had held faithfully and honorably for some years without pay. The act was hasty and ill-advised, for it led to the election of the very man it was intended to defeat. The people's sense of justice was shocked. The citizens of Albany rushed to the capitol and denounced the action as a "wanton violation of public trust unparalleled in the political history of this country," and sent a committee of sixteen to express their warmest thanks" to Clinton. This course was copied in New York City and all over the state. Clinton's shrewdly worded replies to the numerous addresses swelled the torrent of popular indignation. His friends at once insisted on his candidacy for governor.

Yates's Mistake.-Governor Yates sought to save himself by calling an extra session of the legislature (Aug. 2, 1824), and by urging the passage of the electoral bill. All parties were surprised at his course, and his own indignant. The legislature censured him for misusing his power, resolved that an electoral law ought to be enacted, and then adjourned. Meanwhile all eyes were on the Utica convention soon to meet (Sept. 21, 1824). Clinton wanted the nomination, and most of his friends were urging it. The "People's Party,' however, opposed it. Of the 122 delegates in this first popular convention, about 30 were of the "People's Party" and the rest were Clintonians and Federalists. Clinton was nominated by a large majority, and then, to appease the "People's Party," General Tallmadge was named for lieutenant-governor.

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Regency Defeated.-Clinton was elected by almost 17,000 majority. All parties were surprised. The "Regency was defeated and Democratic ascendency checked. The legislature was opposed to the Regency" in the ratio of three to one. This was a significant victory for the people, and likewise a vindication of Clinton. In the choice of presidential electors the Adams and Clay men agreed upon a union ticket, but owing to a breach of faith on the part of the Adams men Adams received from New York thirty-four electoral votes, Crawford four, and Clay none. Had the four votes gone to Clay, he might have been elected President. Though Clinton had favored Jackson, yet President Adams offered him the ministry to England, which he refused.

Clinton's Program, as given in his message, was radical. He recommended choosing electors by a general ticket; an expansion of white suffrage; the popular election of justices of the peace; a state board on internal improvements; and a state road from the Hudson to Lake Erie through the southern counties. The last project soon resulted in mass-meetings all along the proposed route, and culminated in a convention at Albany (Feb. 25, 1825) to urge the legislature to act. An act authorizing the building of the road was passed, and three commissioners were named to make the survey.