erting an influence through the distribution of patronage, De Witt Clinton, then Governor of this State, addressed the Legislature as follows: "As a member of the American confederacy, it is not only our duty, but our interest, to sustain the respectability and to promote the authority of the national government, by a patriotic and enlightened exercise of our suffrages, and by contributing all our energies to establish a wise and public-spirited administration. But in attending to measures so important, we ought not to overlook the duties which we owe to ourselves. Our government is complex in its organization, and it is essentially necessary to preserve the State governments in their purity and energy. A free government could never exist in a country so extensive as the United States without a judicious combination of the federal and representative principles. The apprehensions which some of our wisest statesmen entertained, at the formation of the Constitution, that the State governments would constantly encroach on the powers of the national government, appear not to have been realized. The practical tendency has been in the opposite direction. The power of the general administration has increased with the extension of its patronage. And if the officers under its appointment shall see fit, as an organized and disciplined corps, to interfere in the State elections, I trust there will be found a becoming disposition in the people to resist these alarming attempts upon the purity and independence of their local governments; for, whenever the pillars which support the edifice of the general government are undermined and prostrated, the whole fabric of national freedom and prosperity will be crushed in ruin. I have considered it my solemn duty to protest against these unwarrantable intrusions of extraneous influence, and I hope that the national legislature will not be regardless of its duty on this occasion." These words, more applicable now than then, are so forcible and eloquent that I quote them, in the hope that they may impress themselves upon the minds and upon the hearts of the whole people. To depend, for the peace and order of localities, on the Federal army is not self-government; to substitute the regular soldier with his musket as a peace officer, in place of the constable with his writ, is not to preserve the peace but to establish the condition of war; to surrender elections to the control of the President, supported by armed forces, is to surrender liberty and to abandon a republic. JOHN T. HOFFMAN. SPECIAL MESSAGES. STATE OF NEW YORK, EXECUTIVE CHAMBER, TO THE LEGISLATURE: Intelligent and fair minded men of all parties agree that one of the greatest evils of the times, connected with elections, is the corrupt use of money to influence the votes of electors. All laws and measures which aim at establishing purity in elections will fail in their purpose, if they fall short of reaching this one great evil. Registry laws, no matter how stringent, do not prove effective. No power can guard the ballot-boxes to any purpose if the men whose constitutional privilege it is to vote, are to be influenced in the exercise of that privilege by the corrupt use of money. In all countries the purchase and sale of offices, civil or military, is prolific of evil. In a Republic like ours, the purchase and sale of voters and of votes endangers the whole organization and structure of the government. It cannot be disputed that all through the State, nominations to office, Federal and State, are often bestowed upon men for the reason, and for the only reason, that they will indulge in lavish expenditure of money to secure success. Money, not merit, secures nominations and controls results. It is a fact, too general and too apparent to be denied, that large amounts are expended by candidates for office at every election for other than lawful and honest election expenses; that they are directly applied to the purpose of corrupting and debauching the electors, and very often to the almost open purchase of votes. This pernicious and dangerous practice is not peculiar to cities and villages; it pervades the whole State. Scarcely a neighborhood is exempt from it. It is practiced with entire impunity, because, under the existing Constitution and laws, the wrongdoers know very well they cannot be convicted or punished. We shall never have pure elections till we strike at the root of the evil. Public opinion cannot be concentrated with sufficient force against the wrong to correct it. What is absolutely necessary is that some men who seek their own advancement by corrupting their fellows should be convicted and punished as criminals. It is far more important to punish the man who tempts and corrupts, than him who, being tempted, yields and falls. Under our present Constitution, laws may be passed excluding from the right of suffrage persons who may be convicted of bribery, larceny, or of any infamous crime, and for depriving persons who may make wagers upon the result of any election, of the right of voting at such an election. And this is all that can be done under existing provisions. The Consitution needs to be amended in this respect. Resolutions, proposing amendments, passed the Senate and Assembly in 1853, but failed to receive the assent of the Legislature chosen at the next election of Senators. These resolutions were as follows: แ "IN ASSEMBLY, April 1, 1853. "Resolutions proposing an amendment to the Constitution : Resolved (if the Senate concur), That section two of article two of the Constitution of this State be amended by inserting therein, immediately after the word election,' where it first occurs in said section, as follows: 'or who shall pay, give or receive, or promise to pay or give any money or other property or valuable consideration, with intent to influence any elector in giving his vote, or to deter any elector from voting,' also, by adding at the end of said section as follows: or from holding any office voted for at such election. Laws may also be passed for determining, in a summary manner, at the polls, any question affecting the right of any person to vote thereat,' so that said section two, as amended, shall read as follows: "Laws may be passed excluding from the right of suffrage all persons who may have been or may be convicted of bribery or larceny or of any infamous crime, and for depriving every person who shall make or become directly or indirectly interested in any bet or wager depending upon the result of any election, or who shall pay, give or receive, or promise to pay or give money, or other property, or valuable consideration with intent to influence any elector in giving his vote, or to deter any elector from voting, from the right to vote at such election, or from holding any office voted for at such election. Laws may also be passed determining, in a summary manner, at the polls, any question affecting the right of any person to vote at such election. "Resolved (if the Senate concur), That said amendment to said section two, be referred to the Legislature to be chosen at the next general election of Senators, and that, pursuant to section one of article thirteen of the Constitution, it be published for three months previous to the time of such election." I respectfully recommend the adoption of these resolutions by the present Legislature, with such modifications, if any, as to them may seem proper, so that the next Legislature (a new Senate being chosen next November) may act upon them, and, as I trust, they will do, concur in them and send them for approval to the people. JOHN. T. HOFFMAN. STATE OF NEW YORK, EXECUTIVE CHAMBER, TO THE LEGISLATURE: A joint resolution was passed by the Legislature, at its last session, authorizing me to appoint three commissioners "to revise the laws for the assessment and collection of taxes." I appointed David A. Wells, Edwin Dodge and George W. Cuyler; and I now transmit their report. This report was not completed, in time, to allow such an examination of it, on my part, as would enable me to form an opinion of the expediency of adopting the recommendations made. It is apparent, however, that the report contains a great amount of information, and of argument, which will afford most valuable aid to the Legislature and the people in coming to an intelligent judgment upon the questions involved. No subject is more important than this one, to the interests of the people, and, consequently, none is more worthy of your attention. The tax system prevalent in the other States is, in its main features, the same as in our own; and the information furnished in this report will be very valuable, not only to the people of our own State but to the country at large. It is right that New York, the State foremost in population and wealth, should take the lead in investigating this great question, and in adopting such improvements as are shown to be valuable. The interests of the people require a method of taxation at once equitable, effective and free from unnecessary oppression; one which will yield the requisite revenue, while subjecting them as little as possible to inquisitorial vexation, and which shall be attended with the least expense for official services, and afford the fewest temptations to fraud, concealment or evasion. If the commissioners have succeeded in devising such a system, it should be adopted as early as possible. In view of the importance of the subject to the general welfare, I earnestly commend the report to your immediate and careful consideration. Unless otherwise instructed by the Legislature, the commissioners will deem themselves authorized to go on and complete their work, by preparing and submitting such laws as they think necessary to the carrying out of their views. JOHN T. HOFFMAN. |