In 1822 he was, with John B. Yates, appointed agent for the

[Transcriber's Note: Every effort has been made to replicate this

text as faithfully as possible, including obsolete and variant spellings

and other inconsistencies. Text that has been changed to correct an

obvious error is noted at the end of this ebook.]

1797 A Century in the

TO Comptroller's

1897 Office

State of New York

BY

JAMES A. ROBERTS

COMPTROLLER

ALBANY

JAMES B. LYON, PRINTER

1897

[Illustration: _STATE HALL_]

A CENTURY IN THE COMPTROLLER'S OFFICE.

On the 17th of February, 1897, occurred the one hundredth anniversary of

the establishment of the office of Comptroller of the State of New York.

The present incumbent of the office trusts it will not be considered

unwarranted pride which has led him to collect and transcribe, in honor

of its one hundredth birthday, such general facts relating more or less

directly to the office, or to the former incumbents thereof, as he has

gathered from unsystematic reading and in the performance of his duties.

An office which has without scandal managed the financial affairs of

this great State, and has otherwise borne a conspicuous part in its

government for a century; an office from the thirty incumbents of which

have been chosen a Vice-President and a President of the United States,

two United States Senators, four Governors of the State, one Chief

Justice and one Chief Judge of its Court of Appeals--to say nothing of

others who have achieved distinction in less conspicuous civil

positions--would seem entitled to something more than a passing notice

on its centennial anniversary.

The office, as created, and from time to time enlarged, is a unique

feature in our State government. There are Auditors in nearly all of the

States of the Union; but the duties of Comptroller are far broader,

comprehending largely the ordinary duties of a State Treasurer as well

as many others. There had been Auditors in the Colony of New York from

1680 down to the time of its organization as an independent State, and

that office was continued in the State until it was merged in the office

of Comptroller. There have been Treasurers of New York with varying

duties from 1706 down to the present time. From the time of the

organization of the State government the offices of Treasurer and

Auditor had not been found to work harmoniously or satisfactorily. Bills

might be audited which the Treasurer did not wish to pay, and the

Treasurer might wish to pay bills which the Auditor would not pass, so

in a tentative, experimental way in 1797 the office of Comptroller was

created to combine the power to audit and the power to pay. The act

creating it was framed by Samuel Jones, a man of note in his time (for

whom Samuel Jones Tilden, the distinguished Governor of this State, was

named), and on the 17th of February, 1797, it became law by the

signature of that distinguished patriot, Governor John Jay.

[Illustration: Samuel Jones (signature)

_1st COMPTROLLER_]

The appointment of Comptroller upon the creation of the office fell to

the "Council of Appointment," as was the case at that time with all

State, county and municipal officers, except the Governor,

Lieutenant-Governor and members of the Legislature. The "Council of

Appointment" was an anomaly in government. The article (XXIII of the

Constitution of 1777) establishing this "Council" was framed by three as

pure, patriotic and disinterested statesmen as New York has ever

produced, John Jay, Robert R. Livingston and Gouverneur Morris, and was

designed to prevent a dangerous centralization of power in the hands of

the Governor. It provided "that all officers, other than those who by

this Constitution are directed to be otherwise appointed, shall be

appointed in the manner following, to wit: The Assembly shall once in

every year openly nominate and appoint one of the Senators from each

great district" (then four in number), "which Senators shall form a

council for the appointment of officers, of which the Governor, for the

time being, or the Lieutenant-Governor, or the President of the Senate

(when they shall respectively administer the government), shall be

president, and have a casting vote, but no other vote."

Under the power thus conferred this council appointed the heads of the

various State departments; all Judges, as well as Justices of the Peace,

District Attorneys, Sheriffs, County Clerks, Mayors, and other officers

throughout the entire State.

The cautious and anxious gentlemen who framed this provision in 1777

could by no means have foreseen the disastrous and disgraceful spoils

system that grew up under it. It remained in full effect until a

disgusted people abolished it by an amendment to the Constitution in

1821. At that time its power had so grown that there were 6,663 civil

and 8,287 military offices which it controlled. The modern political

boss must experience a feeling of profound regret as he realizes that

this rich harvest can no longer be garnered by his sickle.

Chapter 21 of the Laws of 1797, which created the office of State

Comptroller, provided, among other things, that "all matters and things

theretofore required to be done by the Auditor of the State should be

done by the Comptroller, and that the salary and wages of all

legislative, executive, judicial and ministerial officers of the

government of this State, and all moneys directed by law to be paid to

any other person, should be paid by the Treasurer on the warrant of the

Comptroller;" that the Comptroller should keep an account between the

State and the Treasurer; that he might lend out moneys in the treasury

not otherwise appropriated, and that when money was directed to be paid,

and not sufficient money in the treasury to satisfy the same, he might

"in the name, and on behalf of the People of this State, borrow a sum

sufficient for that purpose of a bank of New York, or bank of Albany."

Thus the important powers which have distinguished the Comptroller's

office--the power of audit; to draw warrants for all payments from the

treasury; to keep its books of financial transactions; to invest its

funds, and to borrow money--were embodied in the first act. The

powers thus granted infringed so largely upon the ordinary rights and

duties of a Treasurer, and so largely upon those which had been

theretofore exercised by the Treasurer of this State, that it is not

strange the then Treasurer, Gerardus Bancker, who had held the office

from April 1, 1778, resigned in disgust. His feeling was, as Lossing has

stated in his "Empire State," that the Comptroller was made "the highest

financial officer of the State, and the Treasurer merely a clerk to

him."

[Illustration: John V. Henry (signature)

_2d COMPTROLLER_]

The early history of the office is an illustration of the cautious and

doubtful temper of the Legislatures of the time--so unlike those of the

present day. It is a well-known fact that while the Legislature of the

State met for the first time at Albany, in the same year, 1797, in which

the office of Comptroller was created, it was not then made a permanent

location for the Capitol; and that city was maintained for upwards of

twenty years as the Capitol simply by the adjournment of the Legislature

at the end of each session to meet again at the city of Albany. The

original act creating the Comptroller's office provided that it should

continue in force for a period of three years. On the 28th day of

February, 1800, eleven days after the office had expired by limitation,

chapter 11 of that year went into effect, which re-established the

office for another period of three years. Chapter 22 of the Laws of 1803

extended the office, with the powers and duties then prescribed by law,

to February 28, 1805. By chapter 60 of the Laws of 1805, passed March

30th, the office was continued to February 28, 1808, and the acts of the

then Comptroller, between the 28th day of February, 1805, and the day

when this act went into effect, were ratified and confirmed. On March

11, 1808, chapter 34 of that year was passed, which continued the office

to February 28, 1812, with a like confirmatory clause. The act of

February 28, 1812, at last made permanent the Comptroller's office, with

the powers theretofore conferred upon it. By chapter 31 of the Laws of

1797 the office of Comptroller was to be located either in Albany or

Watervliet.

The Council of Appointment chose for the first Comptroller Samuel Jones,

of Oyster Bay, Queens county. This was done by the casting vote of

Governor John Jay, the four senatorial members of the council being a

tie. He was a lawyer of high standing at the time of his appointment, a

Federalist in politics, and had held with credit a number of civil

positions. In 1775 he had been a member of the Provisional War

Committee, and had performed arduous services on that committee. He was

a member of the convention that adopted the Federal Constitution, and

voted for it. He was a delegate to the Continental Congress in 1778; a

Member of Assembly from Queens county in 1786, 1787, 1788, 1789 and

1790; a State Senator from the southern district from 1791 to 1799.

The honors which he had won and worthily worn were supplemented in his

son who, as the Chancellor of this State (succeeding Nathan Sanford and

succeeded by Reuben H. Walworth), and as Chief Judge of the New York

Superior Court, won for himself enviable renown in our legal annals.

Comptroller Jones was the author of the "Act for the amendment of law

and better advancement of Justice," passed in 1789, which was a valuable

contribution and addition to our law. He was also the author of many

other of the best statutes placed upon our books in those early years.

He was distinguished throughout his career as an upright and useful man,

though he was sometimes accused of a little uncertainty in politics. He

is said to have replied to a question from Judge Spencer as to how he

managed to secure his elections from Queens county whatever party might

be in the ascendant, that "If my troops will not follow me, I follow my

troops."

The Comptroller's salary was fixed by the act at $3,000, and this was to

include all clerk hire and ordinary expenses connected with the office.

In 1800 the compensation was reduced to $2,500, and in consequence of

this action Mr. Jones resigned the office. He had faithfully

performed its duties, and his resignation terminated his public career.

[Illustration: Elisha Jenkins (signature)

_3d COMPTROLLER_]

During his term, in 1799, the Legislature prohibited the payment of any

money from the treasury except upon the warrant of the Comptroller, and

required all receipts to be countersigned by him, and this has remained

a part of the duties of the Comptroller from that time to this.

On March 12, 1800, John V. Henry, an eminent Albany lawyer and a

Federalist, was chosen Comptroller. There are some still living who

know, at least by oral tradition, his great influence at the bar, and

Albanians have a just pride in his high reputation. He was a member of

the convention called in 1801 principally to settle the question whether

the Governor alone could nominate persons for appointment, or whether

that power also lay in the Senators composing the Council of

Appointment. He was a Member of Assembly from Albany county in 1800,

1801 and 1802. During his term, by chapter 61 of the Laws of 1801, the

Comptroller was made _ex-officio_ a member of the State Board of

Canvassers, and by chapter 69 of the same year he was made one of the

Commissioners of the Land Office.

In 1801 the Legislature also directed the Comptroller to sell lands for

the payment of taxes due to the State, and this power, variously

modified and enlarged, still remains in him. Under it sales were held in

1808, 1811, 1812, 1814, 1815, 1821, 1826, 1830, 1834, 1839, 1843, 1848,

1853, 1859, 1866, 1871, 1877, 1881, 1885, 1890 and 1895.

In 1800 the Legislature authorized the Comptroller to settle the credits

of the State with the Secretary of the Treasury of the United States.

The moneys derived from this source formed the basis of the general

fund. The Comptroller was made the custodian of this fund with power to

invest it. The fund was augmented from sales of land and other sources

until, in 1814, it had reached the sum of $4,396,943.97. The income of

the fund together with the salt and auction duties, it was believed, in

the early part of the century, would be sufficient to maintain the

government. And from 1814 to 1842 no money was raised in this State by

direct taxation except during the years in which the Erie and Champlain

canals were in process of construction. To avoid a direct tax, however,

it had been found necessary from time to time, to draw on the principal

of the fund, and in 1834 it disappeared altogether and with it the

bright dream of our forefathers of a commonwealth without taxation.

Before the adoption of the Constitution of 1846 the fund had been

succeeded by a general fund debt of $5,992,840.82. This was increased

before the breaking out of the Civil War to a total of $6,505,684.37.

This was the high-water mark of the general fund debt if we do not

include in it the bounty debt of 1865. The Constitution of 1846 made

provision for a sinking fund to meet this debt and its management and

investment were intrusted to the Comptroller. In this way the last of

the debt was paid in 1878.

[Illustration: Arch. McIntyre (signature)

_4th COMPTROLLER_]

Mr. Henry was removed from his office August 10, 1801, by reason of

political changes in the Council of Appointment, and he then and there

renounced politics forever. At the time of his death, in 1829, the

leading Albany paper of the period spoke of Mr. Henry as "the idol of

his friends; the ornament of his native city; the pride of the bar; the

eloquent defender of the oppressed."

Henry's successor in office was Elisha Jenkins, a merchant and a

Democrat (or Republican as the party was then called) of Hudson, who

held the office from August 10, 1801, to March 26, 1806. Previous to his

appointment as Comptroller he had served as Member of Assembly from

Columbia county for the years 1795 to 1798. After his service as

Comptroller he served three different periods as Secretary of State, to

wit: From March 16, 1806, to February 16, 1807; from February 1, 1808,

to February 1, 1810, and from February 1, 1811, to February 23, 1813.

During his term as Comptroller there was a defalcation in the office

of Treasurer, then held by Robert McClellan, and a more rigid system of

testing the correctness of accounts was adopted, many features of which

still survive. There was not much legislation affecting the office

passed during the period of his incumbency; but the work of the office

would seem to have been done in a systematic and business-like manner.

[Illustration: John Savage (signature)

_5th COMPTROLLER_]

Mr. Jenkins was succeeded by Archibald McIntyre, a Democrat of the

Clintonian order, of Albany, who, besides the reputation of a most

excellent officer, has left behind him the record of a term of service

in the office longer than that of any person who has filled it. He was

appointed on March 26, 1806, and continued in office until February 12,

1821. He had previously served as Member of Assembly from Montgomery

county for the years 1798, 1799, 1800, 1801, 1802 and 1804. The duties

of the office had so far increased in 1811 as to render necessary the

services of a deputy, and by chapter 78 his appointment was authorized,

with substantially the same limitations which now exist. He cannot sign

warrants so long as the Comptroller is within the State; nor can he act

on the various boards. Comptroller McIntyre in 1817, under legislative

authority, procured the aggregate valuation of the real estate in the

several towns and wards of the State. By chapter 262 of the Laws of 1817

the Board of Commissioners of the Canal Fund was created, and the

Comptroller made, _ex-officio_, a member of that board. This act

contained a curious provision to the effect that a majority of the

Commissioners, with the Comptroller, constitutes a quorum. No quorum of

that board has ever been possible without the presence of the

Comptroller.

This board, from that time to 1848, received and disbursed all canal

moneys, audited the canal accounts, and in general transacted the

financial business of the canal department. In 1848 the canal funds were

turned over to the Treasurer and made subject to the warrant of the

Canal Auditor. By his audit and warrant all accounts against the canals

were paid; the management of the canal debt and sinking fund remaining,

as before, in the Commissioners of the Canal Fund. In 1883 the duties

devolving upon the Canal Auditor were transferred to the Comptroller's

office. The majority of the Commissioners of the Canal Fund signed all

checks on canal account prior to 1848. Since 1883, the Commissioners of

the Canal Fund have had no duties to perform except to designate banks

for the deposit of canal funds, and, ordinarily, to supervise the

issuing of canal bonds.

The first canal debt bonds were issued in 1817 under legislative

authority, and their disposition and the management of the sinking fund

which was provided for their payment were put in the hands of the

Commissioners of the Canal Fund. The amount of the debt that year was

$200,000. As the canal system was extended, and later when the canals

were enlarged, this debt was from time to time increased until in 1860

it reached the sum of $27,107,321.28. From that time it continuously

decreased through the payments to, and the application of, the sinking

fund, until on the 1st day of October, 1893, the last of this, the last

bonded debt of the State, was paid. Something of financial history may

be learned from a study of the rates of interest paid on these loans to

the State. On the loan of 1817 the rate of interest was six per cent.

From 1820 to 1830 the highest rate was six per cent and the lowest,

five. From 1830 to 1840 a rate of five was sufficient. From 1840 to 1850

the rate advanced, the lowest being six and the highest seven per cent,

the latter rate being in about 1842, the period of uncertainty as to the

State's financial policy. From 1850 to 1860 the rate again fell to five

and six per cent. In 1861 a small loan was made at seven. From 1870 to

1880 the rate was six per cent. This was the last of the old canal loan.

By vote of the people in 1895 a loan of $9,000,000 was authorized to be

used in the enlargement of the canals. The amounts thus far borrowed

under that authority have been at the rate of three per cent.

[Illustration: W. L. Marcy (signature)

_6th COMPTROLLER_]

Perhaps the most notable circumstance of Comptroller McIntyre's term,

and certainly one of the most notable in the whole history of the

office, was his controversy with Daniel D. Tompkins. During the War of

1812 Governor Tompkins had been the agent both of the State and of the

National Government, and in this dual capacity he had received and

disbursed very large sums of money. For much of this money he had taken,

or could produce, no vouchers, and, consequently, in 1819 he stood upon

the Comptroller's books a debtor, if not a defaulter, to the State in

the large amount of $120,000. He claimed, and his friends claimed for

him, that he had honestly disbursed all the money that he had received,

and that the apparent deficit was due to his acknowledged

unbusiness-like methods, and in his failure to keep books of account,

and to take vouchers. He was then Vice-President of the United States,

and it was thought by the "Bucktail" Republicans that he was the only

man who, in the State election of 1820, could beat Governor Clinton for

re-election. This unsettled balance, which had been standing for several

years on the books of the Comptroller, was a serious obstacle to the

execution of their plan. Accordingly, the Legislature of 1819 passed an

act requiring the Comptroller to settle the residue of the accounts of

Governor Tompkins, and in the settlement to allow him the same premium

on the amount of money borrowed by him "on his own responsibility" as

was allowed others for like service; and further requiring the

Comptroller to credit the Governor with sums paid by him, legally, to

any person, and to call upon such persons to account for the money.

Contrary, it was said, to what had been understood by those who had been

instrumental in passing the act of 1819, Vice-President Tompkins,

instead of presenting a claim for premium merely sufficient to offset

the claim of the State against him, presented one for $250,000, and

supported this claim by opinions both of experts and lawyers. This bill

furnishes a commentary on the credit of the State in the perilous times

of the War of 1812, or perhaps upon the value of the services of

financial agents at that time. The brokerage charged by Governor

Tompkins was at the rate of twenty-five per cent. The Comptroller,

feeling that this was not the legislative intent, and ever watchful as

he was of the State's interests, declined to allow the claim, on the

ground that the Governor had not borrowed the money "on his own

responsibility," but on the joint responsibility of the State and

himself. The Comptroller offered to submit the soundness of his position

to the Judges of the Supreme Court, and to join with the Judges, if it

was desired, the Chancellor or the Attorney-General. But this Mr.

Tompkins declined on the ground that all of these proposed referees were

politically hostile to him. Correspondence relating to the matter, and

marked by great bitterness of tone, took place between these eminent

officials; and in this the Comptroller showed not only a familiarity

with accounts, but a facility with the pen, which was a surprise to

those who had not known him intimately. This matter occupied much of the

attention of the Legislature for two years, and gave rise to protracted

and animated debates, and there is no doubt that it entered largely into

the defeat of Governor Tompkins by Clinton in 1820. The controversy was

finally settled under an act of the Legislature of 1820, which directed

the Comptroller to balance the accounts upon the filing of a release

from Governor Tompkins of all his claims against the State. It had

required no small amount of courage for Comptroller McIntyre to engage

in a trial of strength with this idol of the State. Daniel D. Tompkins

was four times elected Governor of the State, and twice elected

Vice-President. He was a man of great personal magnetism; with large

abilities, and he held a place in the affections of the people of

this State which has scarcely been equaled by any of our citizens

since his time.

[Illustration: Silas Wright Jr (signature)

_7th COMPTROLLER_]

[Illustration: A. C. Flagg (signature)

_8th COMPTROLLER_]

At no time in the history of the State has the Comptroller's office been

more ably filled, and occupied a more prominent position, than during

the administration of Archibald McIntyre. He had the unbounded

confidence of all, and although there were several Councils of

Appointment during his term of service which were hostile to him, no one

seems to have thought of removing him. He was regarded as a public

servant whose services could not well be spared to the State. He was

held in a measure responsible for the defeat of Governor Tompkins, and,

although Clinton was elected, the Legislature and the Council of

Appointment were decidedly hostile both to Clinton and to him, and on

February 12, 1821, Mr. McIntyre was removed, and John Savage appointed

in his place. His removal would have created far greater dissatisfaction

than it did, although the dissatisfaction was considerable, had not his

successor been a man of concededly great ability. Mr. McIntyre was, the

year of his removal, nominated as the Clintonian candidate for Senator

from the middle district, and, although strenuous efforts were made to

defeat him, he was elected by a substantial majority.

In 1822 he was, with John B. Yates, appointed agent for the State

lotteries. The Constitution of 1821 had forbidden any further lotteries

within the State, and authorized the Legislature to pass laws preventing

the sale of tickets except in the lotteries already established by law.

These were mostly instituted under the law of 1814 for the purpose of

aiding literary institutions. By the act appointing him, the agents were

invested with sole authority to issue and sell all lottery tickets

which, for the future, were to be issued to pay some hundreds of

thousands of dollars due various institutions. The legislative intent

was carried out by the agents to the satisfaction of the beneficiaries,

and also with satisfactory pecuniary results to the agents themselves.

Upon his retirement from his agency Mr. McIntyre was able to withdraw

both from politics and business.

One would hardly expect to find in the books of account in the

Comptroller's office anything in the nature of a history of morals, but

the receipts from various lotteries forms a no inconsiderable part of

the receipts of the State for a number of years. This opens up a view

which almost shocks modern sensibility. Lotteries were not only

authorized by the State, but they were in the main devoted to beneficent

purposes. Union College owes no inconsiderable part of her early

usefulness to money derived from State lotteries. Indeed, the

institution of State lotteries in New York may almost be attributed to

the efforts of that truly great and good man, the Rev. Dr. Eliphalet

Nott. The first moneys ever appropriated by New York for the purposes of

free schools were raised by lottery.

John Savage, of Salem, a lawyer, and a Democrat of the "Bucktail" stamp,

was the fifth Comptroller, and at the time of his appointment he was

not new to public life. He had been district attorney of the fourth

district from 1806 to 1811, and again from 1812 to 1813; Member of

Assembly from Washington county in 1814, and Member of the Fourteenth

and Fifteenth Congresses. He rounded out his official career with eight

years (from 1823 to 1831) of honored service as Chief Justice of the

Supreme Court. As a public official it has been said that "he exhibited

candor, industry, caution and excellent judgment." No higher qualities

can be given to any official. Later in life the positions of Chancellor

and Treasurer of the United States were offered to him but declined.

During his term of office there was no substantial change or enlargement

of the powers and duties of the office, aside from the power given to

invest money belonging to the common school fund. The common school fund

had its origin in 1805, and was, as the determination for free schools

became more manifest, an application to a school system of the Utopian

vision of the makers of the State, who sought to pay all the expenses

of maintaining the government by interest from its invested funds. The

common school fund has, unlike the general fund, steadily increased. By

the act of 1805 the proceeds of the first 500,000 acres of vacant and

unappropriated land sold by the Surveyor-General were appropriated as a

permanent fund for the support of common schools. Other sources of

revenue were from time to time turned into this fund, until from its

small beginning of $58,757.24 in 1805, it has now productive investments

aggregating $4,448,140.77. It is a noteworthy fact that no direct tax

for school purposes was laid by the State until 1853, the interest of

the fund alone being appropriated. How small a portion the income plays

in maintaining the schools of the State to-day can be seen in the fact

that the State for the year 1896 appropriated for educational purposes

$4,970,134.53, and this is not a quarter of the amount expended in the

State for the purpose of free schools, when the local contributions are

taken into account. Judge Savage was the last Comptroller who owed his

selection to the Council of Appointment.

[Illustration: Bates Cooke (signature)

_9th COMPTROLLER_]

The Constitutional Convention of 1821, in deference to strong public

demand, had abolished that disgraceful anomaly, and by section 6 of

article 4 had provided that "the Secretary of State, Comptroller,

Treasurer, Attorney-General, Surveyor-General and Commissioner-General

shall be appointed as follows: The Senate and Assembly shall each openly

nominate one person for the said offices respectively; after which they

shall meet again, and if they shall agree in their nominations the

person so nominated shall be appointed to the office for which he shall

be nominated. If they shall disagree, the appointment shall be made by

the joint ballot of the Senators and Members of Assembly. The Secretary

of State, Comptroller, Treasurer, Attorney-General, Surveyor-General and

Commissioner-General shall hold their office for three years, unless

sooner removed by concurrent resolution of the Senate and Assembly."

[Illustration: John A. Collier (signature)

_10th COMPTROLLER_]

The Legislature, on the 13th day of February, 1823, elected, in the

manner provided by law, William L. Marcy, a lawyer and a Democrat, of

Albany, to succeed Savage. There was a contest in the caucus over his

nomination, his opponent being Genl. James Tallmadge, a man of

conspicuous ability and influence in the Senate. The power of Mr. Van

Buren, however, turned the scale in Mr. Marcy's favor. The only public

position which he had previously held was Adjutant-General, but from

that time on his name is closely linked with the history of the State

and Union. He was Comptroller for six years, Judge of the Supreme Court

for two years, and United States Senator for two years. He was three

times elected Governor, and defeated in his fourth run for that office

by William H. Seward. He was appointed Secretary of War by President

Polk in 1845, and Secretary of State by President Pierce in 1853. He had

for years, under Mr. Van Buren, been a leader of that most influential

political body which has become known to history as the "Albany

Regency." The remaining members are understood to have been at that time

Silas Wright, Azariah C. Flagg, Edwin Croswell, John A. Dix, James

Porter and Benjamin Knower. The records of the State show that these

men, while building up a compact and powerful political organization,

did not neglect their own personal and political advancement.

One of the vouchers in the Comptroller's office played a prominent part

in the last of Mr. Marcy's gubernatorial campaigns--a circumstance

which, Thurlow Weed says, Mr. Marcy pronounced the most disagreeable of

his entire public career. While serving as Supreme Court Judge, and on

Circuit in Niagara county, he included in his bill of expenses an item

as follows: "For mending my pantaloons, 50c." In the Seward campaign

Thurlow Weed, then the editor of the Albany _Evening Journal_, learned

of this fact and published the story. It was taken up by the press

generally throughout the State, and Mr. Marcy, with all his fine

organization and numberless friends, found himself for the time being,

like Spain's chivalry, "laughed away."

[Illustration: Millard Fillmore (signature)

_11th COMPTROLLER_]

The item, however, exhibits the scrupulous exactness of the man. Instead

of presenting the bill with an indefinite amount of incidentals, he

itemized it thus particularly to his own disadvantage; but, as Mr. Weed

afterward admitted, it was a credit to his honesty.

It was during Mr. Marcy's term that much of the work on the Erie canal

was done, and the careful scrutiny which the bills for this work

received was largely instrumental in keeping the cost within the

estimates. He took ground as chief financial officer of the State

against the construction of the Chenango and Genesee Valley canals, for

the reason that these canals would not, in his judgment, pay the

expenses of maintenance and the interest on the debt which would be

incurred in their construction. While friends of the measures endeavored

to convince the Legislature that the Comptroller was wrong in his

calculation, the result, when these works were finally completed, fully

justified the Comptroller's view. As Governor he made some friends, and

more enemies, by adhering to the same careful course he had maintained

as Comptroller. In 1826 the Legislature created the Canal Board, and the

Comptroller was made _ex-officio_ a member of it, and he has continued

to act as such member down to the present.

On the 27th day of January, 1829, the Legislature elected as the

successor of Mr. Marcy a man who, in his time, made a great impression

upon State and National politics--Silas Wright, of Canton, a lawyer and

a Regency Democrat. He had previously been Surrogate of St. Lawrence

county, State Senator from the fourth district for the years 1824, 1825,

1826 and 1827, and a Member of the Twentieth and Twenty-first

Congresses. In the latter position he had achieved considerable

reputation. After his five years' service as Comptroller he held with

high honor, for nearly twelve years, the position of United States

Senator. During the term of Mr. Van Buren as President he was considered

to voice the administration in his public utterances. He served

faithfully and intelligently upon some of the most important committees.

He resigned to take the office of Governor, which office he held in 1845

and 1846, and was defeated for re-election by John Young in November,

1846. Mr. Wright continued the careful and conservative policy of his

predecessor as to expenditures. He took strong ground against the

numerous and extensive raids on the treasury which were then organized.

His reports were always plain, business-like papers, which set out in

intelligible language the consequences of the rapidly-increasing

expenses. Mr. Wright in many ways was a remarkable man. The public

positions which he held were varied, and it was a great test of his

adaptability to be able to fill the duties of these various positions

with much more than ordinary success. In 1831 the financial law of the

State was revised, and the provisions relating to the powers and duties

of the Comptroller were codified and arranged.

[Illustration: W. Hunt (signature)

_12th COMPTROLLER_]

Upon his election as United States Senator Mr. Wright resigned and was

succeeded by Azariah C. Flagg, of Plattsburgh, a lawyer and a Regency

Democrat, who was elected on January 11, 1834. He had been a Member of

Assembly from Clinton county in 1823 and 1824, and held the office of

Secretary of State from 1826 to 1833. He had run counter to public

opinion in 1823 as the leader of the Assembly opposition to the

Electoral law--a law designed to give to the people directly the power

of chosing the presidential electors, instead of leaving that power

vested in the Legislature, as had been the law theretofore. The Albany

Regency had determined to prevent any change, and succeeded in warding

off legislative action. The measure, however, met the cordial approval

of the people, and that fact, together with the removal of Governor

Clinton as Canal Commissioner--a position in which his uncompensated

services had been of the greatest value--swept Clinton, whose political

fortunes then seemed at their lowest ebb, triumphantly into the

gubernatorial chair. But it was a principle of the Albany Regency, and

of Martin Van Buren, then at its head, never to forget a man who had

fallen or suffered in their service; and it was in reward for Mr.

Flagg's unpopular opposition to the Electoral bill that in 1826 he was

chosen Secretary of State. Mr. Flagg has the distinction of having

served longer as Comptroller than any other incumbent of the office,

with the exception of Archibald McIntyre. He held the office from

January 11, 1834, to February 4, 1839, and again from February 7, 1842,

to November 7, 1847. During his first term he was a member of the

commission for the erection of the State Hall, and that building still

stands as a monument to the Commission's good judgment in architecture,

and in the adaptation of means to an end. Upon the completion of the

State Hall the old State Hall, corner of Lodge and State streets, was

sold by the Commission. By chapters 2 and 150 of the Laws of 1837 the

Comptroller was made the custodian of moneys received from the United

States, since known as the United States Deposit Fund. Theoretically

this money was not given to the several States, but was to be subject to

repayment whenever called for. The National Government will hardly, at

this late day, call for these moneys. If it did not feel compelled to do

so in the trying financial straits of the war it is not likely that it

will do so in times of peace. But these moneys have always been kept as

a separate fund, substantially as required by the act of 1837, and the

principal, through all changes of, and losses from, investment, has been

kept intact.

[Illustration: P C Fuller (signature)

_13th COMPTROLLER_]

By chapter 260 of the Laws of 1838 the Comptroller, to guard against

counterfeiting, was authorized and required to have engraved and printed

in the best manner, circulating notes to be issued to the incorporated

banks of the State, and to countersign the same; and a system was

inaugurated for the deposit of securities in the Comptroller's office

which should be a guaranty for the notes issued by the banks--a system

very similar to that later adopted by the United States for National

banks. One feature which would be regarded as a most unwise one to-day

formed a part of this plan; the banks were authorized to deposit

one-half the security in bonds and mortgages. The bill also provided

that banking associations should file with the Comptroller a semi-annual

report of the transactions of the bank. This was practically the

inauguration of the supervision of the banks, which was later

transferred to the Banking Department. The Legislature had, in 1829, at

the time of the creation of the safety fund, authorized the appointment

of three Bank Commissioners, whose duty it was to visit the banks,

examine their condition, and report to the Legislature. The office of

Bank Commissioner was abolished in 1843, and the power of supervision

possessed by them was then transferred to the Comptroller, and he

continued to retain that power until 1851, when the Banking Department

was created. It was during Mr. Flagg's first term that the great

financial panic of 1837 took place, and the State's financial condition

at that time was not all that might be desired. There was a large debt,

mostly incurred in the construction of canals. The revenues had very

much decreased, and a new way of raising funds must be used to meet the

liabilities of the State and maintain her credit. Matters financial in

the State went from bad to worse. In 1842, after long debate, the

Legislature passed an act authorizing the laying of a tax of one mill

upon every dollar of real and personal property in the State, and

pledging the revenues of the State for the payment of its liabilities,

and suspending all public work, except where great loss would come to

the State by such suspension. In this manner the credit of the State was

made secure and its obligations met. This act was prepared and advocated

by Mr. Flagg. The significance of this legislation is found largely

in the fact that from 1826 to 1842 no State tax for general purposes had

been required.

[Illustration: J. C. Wright (signature)

_14th COMPTROLLER_]

The long lease of power which the Democrats had held in this State was

broken in the fall of 1838 by the combined efforts of the Whigs and

Anti-Masons, and, accordingly, on the 4th of January, 1839, Mr. Flagg

was removed, and Bates Cook, of Lewiston, a lawyer and an Anti-Mason was

chosen by the Legislature in his place. Mr. Cook's only previous

official service of note had been as Member of the Twenty-second

Congress. His appointment was largely due to the influence and

representations of William H. Seward, then the Governor, and Thurlow

Weed. He had been associated with these gentlemen in the prosecution of

the abductors of William Morgan, and, like Mr. Seward and Mr. Fillmore,

received his political start from Anti-Masonic influence. Mr. Cook soon

had an opportunity to show Mr. Weed his appreciation of the favor done

him. Chapter 1 of the Laws of 1840 authorized the Comptroller and

Secretary of State to enter into a contract with Thurlow Weed to do the

printing for the Legislature, executive offices and various boards, at

prices not exceeding ordinary prices in Albany.

This seems to have been the first time these officers were intrusted

with this responsibility, and it was not until 1846 that the general

power was definitely conferred upon them. Subsequent legislation has

added to the printing board then created the Attorney-General, so far as

legislative printing is concerned; but as to department printing, the

Secretary of State and the Comptroller are still clothed with the

authority of letting the contract.

By chapter 295 of the Laws of 1840 the Comptroller was assigned quarters

in the State Hall, together with the other State officers, and that

building was made the headquarters of the Canal Board, and there both

still remain, although the Comptroller, from time to time, as the needs

have compelled, has taken to himself more rooms, so that his offices

now occupy the entire first floor of the building.

[Illustration: J M Cook (signature)

_15th COMPTROLLER_]

On January 27, 1841, the Legislature elected John A. Collier, of

Binghamton, a leading lawyer and an Anti-Mason, to succeed Bates Cook.

He had previously served as District Attorney of Broome county from June

11, 1818, to February 22, 1822, and had served his district in the

Twenty-second Congress. After his retirement from the office of

Comptroller he was appointed, with Chancellor Walworth, to codify the

laws, but declined to serve. This was a high tribute to his ability.

During 1841 the Comptroller's office was examined by a legislative

committee, to ascertain if warrants had been drawn in conformity with

the law, and the funds properly disbursed. The office was found able to

stand the fire of a rigid investigation.

Mr. Collier had been a Federalist and a Clintonian, but it was as an

Anti-Mason that he was elected both to Congress and as Comptroller. He,

too, was largely indebted for his appointment as Comptroller to the

potent influence of Thurlow Weed. The administration was a short but

efficient one, and Mr. Collier proved himself through life an able and

discreet man.

The Legislature, which for several years had been Whig, in 1842 became

Democratic, so that by concurrent resolution, on February seventh they

were enabled to remove John A. Collier and re-appoint Azariah C. Flagg.

During his second term Mr. Flagg performed the multiplying duties of the

office with his usual fidelity, and to the satisfaction of the people of

the State. There seems to have been no important enlargement of the

duties of the office during this period. By various statutes, passed

prior to the Constitution of 1846, the State had loaned its credit to a

number of corporations, mostly railroad, until, in 1845, the State debt

thus incurred, called the "contingent debt," amounted to $5,235,700.

Provision was made for a sinking fund, and the management of this fund

was placed with the Comptroller. Corporations have no souls, and,

consequently, we find that of the credit thus loaned the State lost

$3,665,700. From the additions to and accumulations of the sinking fund,

the last of the contingent debt was extinguished in 1877.

[Illustration: L. Burrows (signature)

_16th COMPTROLLER_]

By chapter 350 of the Laws of 1847, passed during his term, the

Comptroller was required to make a report of the fiscal year before the

close of the calendar year, and to present the same to the Legislature

shortly after the commencement of its session.

But at this point a new method of chosing a Comptroller was introduced

in the organic law. Section 1 of article 5 of the Constitution of 1846

provides that "The Secretary of State, Comptroller, Treasurer and

Attorney-General shall be chosen at a general election, and shall hold

their offices for two years." The constitutional provision was

supplemented by chapter 240 of the Laws of 1846. The first man elected

by the people to the office was Millard Fillmore, of Buffalo, an able

lawyer and a Whig. He had been a Member of Assembly from Buffalo in

1829, 1830 and 1831, and a Member from his district to the Twenty-third,

Twenty-fifth, Twenty-sixth and Twenty-seventh Congresses. During his

term as Comptroller he was nominated and elected Vice-President on the

ticket with Zachary Taylor, and upon the latter's death, on July 9,

1850, he succeeded to the Presidency. As President he is, perhaps, more

distinguished as the signer of the "Fugitive Slave Law" than for any

other one thing. He was elected Comptroller and Vice-President as a

Whig, but by the signing of that obnoxious measure he alienated very

many of his old Whig associates. He was, however, a clean, able man. In

politics he was thought by many to have been a favorite of fortune. Some

one of his acquaintances is said to have remarked, at the time of his

election as Vice-President, that he felt sorry for General Taylor,

because the General never could live out his term against Fillmore's

luck. Mr. Fillmore resigned the office of Comptroller on the 17th of

February, 1849, to assume the duties of Vice-President.

The Legislature appointed Washington Hunt, a lawyer of prominence and a

Whig, of Lockport, to succeed him. Mr. Hunt had been County Judge of

Niagara county from 1836 to 1841, and had been a member of the

Twenty-eighth, Twenty-ninth and Thirtieth Congresses. He was nominated

and elected Comptroller in the fall of 1849. In 1850 he was elected

Governor over Horatio Seymour, but in 1852 he was in turn defeated in

his run for the second term by Seymour. He made an excellent record as

Governor during the years 1851 and 1852. It was upon Mr. Hunt's

recommendation that the duties of supervising and superintending the

banking business of the State was transferred to the Banking Department,

specially created for the purpose. He felt that a greater burden of

responsibility was being imposed upon the office of Comptroller than

could be satisfactorily sustained. This is one of the rare

illustrations of a desire to surrender power. But what relief was gained

by the transfer of the supervision of the banks was replaced by the duty

which was imposed of superintending the business of insurance in this

State.

All insurance companies, prior to 1846, had been incorporated by special

acts, but the Constitution of that year prohibited the creation of such

corporations, except under general laws. In 1849 the Legislature passed

a general law for the incorporation of insurance companies. By the terms

of the act the duty of organizing and regulating insurance companies in

this State, both domestic and foreign, was conferred upon the

Comptroller. This was the first State supervision of insurance. The duty

remained with the Comptroller until January 1, 1860, when the act

creating the Department of Insurance went into effect.

The Comptroller's office feels proud of its two healthy and useful

children--the Banking Department and the Insurance Department, which

have been efficiently serving the State and protecting the interests

of its citizens for many years, and it ventures to believe that the

early tuition that they received from the parent department helped to

form their habits and prepare them for their career.

[Illustration: S E Church (signature)

_17th COMPTROLLER_]

A Century in the Comptroller's Office, State of New York, 1797 to 1897 · 第 1 / 3 段