■^rS^^K- sS;S's;;>-'>^:^;' ^ Century in the Comptroller's Office 1797-1597 ^■^r^. ^^%-2f-^ ^^=-'-*^ ^mmll Wimvmxi^ Jihmg THE GIFT OF ..O^.v..§t%.,.....Q>,^yv.AjnuM.Aj«>..... .A.,.X.o.5.'H>2. aa...|.ix../^.. 4534 The date shows ' In this volume was taken j ^2oH-^ S E THI 1D76 F , H API (2 u lyftll"* HOME USE RULES. Books not , nfeeded for insttuction or re- search are returnable within 4 weeks. Volurnes of periodi- cals and of pamphlets are held in the library as much as possible. For special purposes they are given out for ' a ^imited time. ' Borrowers should , not use their library . privileges for the bene- fit of other persons. Books not needed during recess periods should be returned- to the library, or arrange-- i ^ ., ,, ments madfe for thiir I Comptroller. y-D return during borrow- er's absence, if jvanted. Books needed by more than one person are held on the reserve list. Books of special value and gift books, . when the giver wishes it, are iiot allowed to eirculatle. ' K'W^} Cornell University Library HJ606 .R64 1797 to 1897 : olin 1924 032 545 380 Cornell University Library The original of tliis book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924032545380 1797 TO 1897 J H Century in the Comptroller's ©mce. State of IFlew 15orh ^ t3^ «^ BY JAMES A. ROBERTS COMPTROLLER *S6 feS* «^ ALBANY JAMES B. LYON. PRINTER 1897 A CENTURY COMPTROLLER'S OFFICE. ?N the 17th of February, 1897, occurred the one hundredth anniversary of the establish- ment of the office of Comp- troller of the State of New York. The present incumbent of the office trusts it will not be considered unwar- ranted pride which has led him to collect and transcribe, in honor of its one hun- dredth birthday, such general facts relat- ing 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 con- 3 A Century in the spicuous part in its government for a century ; an office from the thirty incum- bents 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 Jus- tice and one Chief Judge of its Court of Appeals — to say nothing of others who have achieved distinction in less conspicu- ous 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 Audit- ors 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 4 vw^^u^^^^^irne<^ 1st COMPTROLLER Comptroller' s Office. with varying duties from 1706 down to the present time. From the time of the organization of the State government the ofifices 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 oiifice 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 Til- den, 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. 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 Gover- nor, Lieutenant-Governor and members 5 A Century in the of the Legislature. The " Council of Appointment " was an anomaly in gov- ernment. 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 Sena- tors 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 govern- ment), shall be president, and have a casting vote, but no other vote." 6 Comptroller' s Office. Under the power thus conferred this council appointed the heads of the vari- ous State departments ; all Judges, as well as Justices of the Peace, District At- torneys, Sheriffs, County Clerks, Mayors, and other ofificers 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 1 82 1. At that time its power had so grown that there were 6,663 civil and 8,287 military oiifices which it controlled. The modern political boss must experi- ence 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 7 A Century hi the should be done by the Comptroller, and that the salary and wages of all legisla- tive, 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 pur- pose 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 8 Comptroller s Office. 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 Treas- urer of this State, that it is not strange the then Treasurer, Gerardus Bancker, who had held the office from April i, 1778, resigned in disgust. His feeling was, as Lossing has stated in his " Em- pire State," that the Comptroller was made "the highest financial ofificer of the State, and the Treasurer merely a clerk to him." 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 Legisla- ture 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 main- tained for upwards of twenty years as the Capitol simply by the adjournment of the Legislature at the end of each ses- 9 A Ccntnry in the sion to meet again at the city of Albany. The original act creating the Comptrol- ler's office provided that it should con- tinue in force for a period of three years. On the 28th day of February, 1800, eleven days after the office had expired by limi- tation, chapter 1 1 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 con- tinued the office to February 28, 1812, with a like confirmatory clause. The act of February 28, 1812, at last made per- manent the Comptroller's office, with the powers theretofore conferred upon it. By chapter 31 of the Laws of 1797 the 10 Comptroller s Office. 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 ap- pointment, a Federalist in politics, and had held with credit a number of civil positions. In 1775 he had been a mem- ber 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 suc- II A Century in the ceeded 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 amend- ment 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 $3,0(X), and this was to include all clerk hire and ordinary expenses con- nected with the office. In 1800 the com- pensation was reduced to $2,500, and in consequence of this action Mr. Jones re- 12 /f 3d COMPTROLLER Comptroller' s Office. signed the office. He had faithfully per- formed its duties, and his resignation terminated his public career. During his term, in 1799, the Legisla- ture 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 tra- dition, 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 appoint- ment, or whether that power also lay in the Senators composing the Council of Appointment. He was a Member of As- sembly from Albany county in 1800, 1801 and 1802. During his term, by chapter 61 of the Laws of 1801, the Comptroller 13 A Century in the 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 pay- ment 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 de- rived 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 18 14, 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 14 4th COMPTROLLER Comptroller's Office. 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 Cham- plain canals were in process of construc- tion. 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 alto- gether and with it the bright dream of our forefathers of a commonwealth with- out 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 invest- ment were intrusted to the Comptroller. In this way the last of the debt was paid in 1878. IS A Century in the Mr. Henry was removed from his office August lo, 1801, by reason of political changes in the Council of Appointment, and he then and there renounced pol- itics 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 EHsha Jenkins, a merchant and a Democrat (or Republican as the party was then called) of Hudson, who held the office from August 10, 1 801, to March 26, 1806. Pre- vious 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 Comptrol- ler he served three different periods as Secretary of State, to wit : From March 16, 1806, to February 16, 1807; from February i, 1808, to February i, 18 10, and from February i, 181 1, to February 23, 1813. During his term as Comptrol- ler there was a defalcation in the office 16 (:2.-c^^t Bth COMPTROLLER Comptroller s Office. of Treasurer, then held by Robert Mc- Clellan, and a more rigid system of test- ing the correctness of accounts was adopted, many features of which still survive. There was not much legisla- tion 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. Mr. Jenkins was succeeded by Archi-, bald Mclntyre, a Democrat of the Clin- tonian 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 con- tinued 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 181 1 as to render neces- sary the services of a deputy, and by chapter 78 his appointment was author- 17 A Century in the ized, with substantially the same limita- tions 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 Mclntyre in 1 8 17, 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 Commis- sioners, with the Comptroller, constitutes a quorum. No quorum of that board has ever been possible without the pres- ence of the Comptroller. This board, from that time to 1848, re- ceived 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 war- 18 Comptroller' s Office. rant 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 ofifice. 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 per- form 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 181 7 under legislative authority, and their disposition and the management of the sinking fund which was pro- vided 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 i860 it reached the sum of $27,107,321.28. Fom that time it con- 19 A Century in the tinuously decreased through the pay- ments to, and the application of, the sinking fund, until on the ist 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 in- terest 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 i860 the rate again fell to five and six per cent. In 1 861 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 ^ ^yfl^?^(y^ eth COMPTROLLER Comptroller' s Office. that authority have been at the rate of three per cent. Perhaps the most notable circumstance of Comptroller Mclntyre's term, and cer- tainly one of the most notable in the whole history of the office, was his con- troversy with Daniel D. Tompkins. Dur- ing, 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 dis- bursed very large sums of money. For much of this money he had taken, or could produce, no vouchers, and, conse- quently, in 1 819 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 un- business-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 A Century in the by the " Bucktail " Republicans that he was the only man who, in the State elec- tion of 1820, could beat Governor Clin- ton for re-election. This unsettled bal- ance, 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 Legisla- ture of 1 8 19 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 bor- rowed 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, 22 ^^V'^>^ 7th COMPTROLLER Comptroller' s Office. 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 re- sponsibility," but on the joint responsi- bility of the State and himself. The Comptroller offered to submit the sound- ness 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 polit- ically hostile to him. Correspondence relating to the matter, and marked by great bitterness of tone, took place 23 A Century in the between these eminent ofificials ; 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 inti- mately. 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 1 820. The controversy was finally settled under an act of the Legislature of 1820, which directed the Comptroller to bal- ance 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 Mclntyre 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 24 8th COMPTROLLER Comptroller' s Office. State which has scarcely been equaled by any of our citizens since his time. At no time in the history of the State has the Comptroller's ofifice been more ably filled, and occupied a more promi- nent position, than during the adminis- tration of Archibald Mclntyre. 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 respon- sible for the defeat of Governor Tomp- kins, and, although Clinton was elected, the Legislature and the Council of Ap- pointment were decidedly hostile both to Clinton and to him, and on February 12, 1821, Mr. Mclntyre 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 A Century in the great ability. Mr. Mclntyre 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 appoint- ing 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 benefici- aries, and also with satisfactory pecuniary results to the agents themselves. Upon his retirement from his agency Mr. Mcln- 26 ComptrolleH'' s Office. tyre was able to withdraw both from poli- tics 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. Lot- teries 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 27 A Century in the 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 181 3 ; Member of As- sembly from Washington county in 1814, and Member of the Fourteenth and Fif- teenth 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 quali- ties can be given to any official. Later in life the positions of Chancellor and Treasurer of the United States were of- fered 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 28 Bth COMPTROLLER Co?nptroller s Office. 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 in- creased. By the act of 1805 the proceeds of the first 500,000 acres of vacant and unappropriated land sold by the Sur- veyor-General were appropriated as a permanent fund for the support of com- mon 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 29 A Century in the contributions are taken into account. Judge Savage was the last Comptroller who owed his selection to the Council of Appointment. 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 nomi- nate one person for the said offices respectively ; after which they shall meet again, and if they shall agree in their nominations the person so nomi- nated 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 Secre- tary of State, Comptroller,Treasurer, At- torney-General, Surveyor-General and Commissioner-General shall hold their of- fice for three years, unless sooner removed 30 S^L^ j^,4<^i the Comptroller. He had been chosen in the previous election over Arthur C. Wade. He had held no office previous to that time. He served one term, ran for re-election in 1893 and was defeated. He has held no office since. By chapter 651 of the Laws of 1892 the supervision of the funds de- posited in court was transferred from the General Term of the Supreme Court to the Comptroller, and this work the Comp- troller's office has since performed ; and by chapter 681 of the Laws of the same year he was required to approve all of- ficial undertakings. In 1892 the authority was given to the Comptroller to license common carriers. He was relieved from this duty by the new Excise Law of 1896. By chapter 248 of the Laws of 1893 he, with the Secretary of State and Treasurer, was directed, before the first day of January of each year, to designate the State paper. The largest amount thus far collected in any one year under the In- heritance Tax Law was $3,071,687.09, in 1893, during Mr. Campbell's term. The 78 ^ /T^'Zrx^-T^.^yXf 28th COMPTROLLER Comptroller' s Office. amount collected under the Corporation Tax Law was increased during his term. On January i, 1894, James A. Roberts, a lawyer and Republican, of Buffalo, became Comptroller. He had served as Member of Assembly from the third district of Erie county in 1879, and from the fourth district of the same county in 1880. He was unanimously renominated from the fourth district in 1891, but de- clined. He was re-elected Comptroller in 1895 over John B. Judson. In 1894 the Comptroller was given power to appoint appraisers in cases of tuberculosis and glanders.. In the same year the chancery fund, so called, which had been man- aged by the Clerk of the Court of Appeals after the abolition of the Court of Chan- cery, was turned over to the Comptroller. This fund, amounting to $169,935.52 in securities and cash, besides real estate of the possible value of $10,000, was the residue and remainder of moneys that had been deposited in the old Court of Chancery and never called for. By a rider on the appropriation bill of that 79 A Century in the year the superintendent or other man- aging officer of each State charitable institution or reformatory in the State was required to estimate monthly, in detail, the articles required by his insti- tution for the ensuing month. The expenditures Mere to be limited to the estimates, and the treasurers were re- quired to make monthly reports of their expenditures. This inaugurated substan- tially the same system, with reference to the expenditures of other charitable institutions, that was then used by the Lunacy Commission with reference to the hospitals. In 1895 this last provision was made more definite and explicit. The Comptroller was authorized the same year to appoint a second deputy, who was to have the same powers as the Deputy Comptroller. Twice before in the history of the office there had been a second deputy, but, after the continu- ance of the office for a few years, in each case it had been abolished. Chapter 79 of the Laws of 1895 provided for the issuing of canal bonds and created a sink- 80 29th COMPTROLLER Comptroller s Office. ing fund for their redemption. The isgUr ing of the bonds and the care of the sink- ing fund were intrusted to the Comp- troller. The same year the trustees of the Saratoga monument were authorized to transfer the property held by them to the State, and the Comptroller was made custodian of the monument. While in the hundred years there have been thirty Comptrollers, there have been but eleven Deputy Comptrollers. Upon the passage of the act authorizing the ap- pointment of a deputy, in i8il, Comp- troller Mclntyre appointed John Ely, Jr., and he held the position until 1822. He was succeeded by Ephraim Starr, who continued in the position until 1828. In 1828 Mr. Marcy appointed as deputy Philip Phelps, and, with the exception of two years, from February 28, 1840, to February 28, 1 842, this being substantially the administration of Bates Cook, when the office was filled by W. W. Tredwell, Mr. Phelps held the place until 1876, or in all for forty-six years. It was long felt that his services were indispensable, and A Century in the while Comptrollers might come and Comptrollers did go, the deputy seemed likely to go on forever. It is related that late in his official career he found himself growing footsore and lame, and no longer able to stand at his desk, as had been his custom, and scarcely able to reach the office, and there was talk of his resigna- tion, and grave fears for the future finan- ces of the State were expressed. In this emergency an attentive clerk found that the floor where the deputy had so long stood had been worn away so that an ob- durate nail protuded, and it was standing upon this nail which had worked the woe. One blow of the hammer saved the State. Mr. Phelps was an able man, and his serv- ices in the office made him invaluable to the frequently-changing Comptrollers. At his death high testimonies to his worth and character were given by San- ford E. Church, Thomas Hillhouse, Wm. F. Allen, Robert H. Pruyn, John V. L. Pruyn, and many others. A meeting of State officers was held, at which Wm. Dorsheimer, then Lieutenant-Governor, Comptroller' s Office. presided, and resolutions expressing his great worth and service were adopted. It was well said that " no prospect of pe- cuniary advantage could swerve him from the strictest line of triith and justice." Mr. Phelps was succeeded by Henry Gallien, who worthily filled the office from 187610 1884, when he died. Thomas E. Benedict held the ofifice from 1884 to 1886. He has since been Deputy Secre- tary of State and Public Printer at Wash- ington, and in all positions has acquitted himself as an able and upright man. Charles R. Hall succeeded to the ofifice for a little more than a year, and was him- self succeeded by Zerah S. Westbrook, who had the ofifice for four years, from January i, 1888, to January i, 1892. Cal- vin J. Huson was Deputy Comptroller during Mr. Campbell's term. At the end of his term he was succeeded by Colonel William J. Morgan, who still holds the office. The custom seems to have grown up in these degenerate times to make the term of the deputy co-terminous with 83 A Century in the that of Comptroller. This is of doubtful propriety. Too many men of tried integ- rity, familiar with their duties, cannot be retained in such an ofifice. But the dan- ger which would naturally be expected from a frequent change in both Comp- troller and deputy has thus far been avoided by the retention, through suc- ceeding administrations, of some of the most important clerks. Willis E. Merri- man has now been in service in the Comp- troller's office for thirty-one years, and, having worked up from the lowest to the highest service in the department, is fa- miliar with all its details, and his services have thus become indispensable. Upon the creation of the office of Second Deputy Comptroller, in 1895, he was ap- pointed to that position, and he has since discharged its duties with the fidelity and intelligence with which eveiy Comptroller for manyyears has found him fortunately endowed. No sketch of the office is complete without mention of George H. Birchall. He came into the office in 1883, at the 84 CWvWi i(i?crLe 30th COMPTROLLER Comptroller s Office. time of the abolition of the Canal Aud- itor's office. He had served seventeen years in the last-named office. He has had charge of the canal accounts since their transfer to the Comptroller's office, and has rendered most efficient service. Messrs. Williams and Bliss came into the office in 1877, ^n<^ Mr. Graham in 1882. Several employees have been in the de- partment's service for six or eight years or more, and no department of the State government is better equipped with hon- est, faithful, public servants than is the Comptroller's office. It can be seen from the foregoing that the duties of the Comptroller's ofiF.ce are varied and important. The boards of which he is a member give some indi- cation of this fact. He is ex-officio a member of the State Board of Canvass- ers ; of the Board of the Commission- ers of the Land Office ; of the Board of the Commissioners of the Canal Fund ; of the Canal Board ; of the State Com- missioners of Charities ; of the board to fix prices for prison made products ; 85 A Century in the of the board for the establishment of State insane asylum districts, etc.; of the legislative printing board ; of the depart- ment printing board, and one of the officers to designate the State paper. He manages the finances of the State so far even as to supervise the expenditures of the State institutions. He designates the banks in which funds of all institu- tions shall be deposited. He levies and collects the tax on corporations ; super- vises the collection of the transfer tax, and sells the lands of delinquent taxpay- ers in the counties in which are included a part of the Forest Preserve. He audits all accounts against the State ; acts as a court in applications for cancellations of tax deeds or sales, and in disputed corpo- ration tax matters ; examines the court and trust funds deposited with the treas- urer of every county in the State, and regulates the form of accounts and the manner of their investment, and per- forms many other less important duties too numerous for mention. Of the men who have held the office 86 Deputy Comptroller, 46 Years, Comptroller' s Office. of Comptroller nineteen were lawyers ; three were gentlemen farmers ; three bankers ; one a merchant ; one a manu- facturer ; one a capitalist, and two were business men. In politics two were Federalists ; fifteen Democrats (includ- ing under the word Democrats original Republicans, whether Clintonians or otherwise) ; four Whigs ; two Anti-Ma- sons ; six Republicans, and one Ameri- can or Know Nothing. The total expenditures of the State for each tenth year since the establish- ment of the ofifice were as follows : 1797 $322,831 37 1807 425,689 69 1 81 7 1,296,590 88 1827 1,908,346 73 1837 4,926,449 04 1847 5,275,164 09 1857 10,176,939 70 1867 20,496,050 59 1877 *26,i86,744 70 1887 16,771,448 98 1897 26,510,425 -n * Includes $10,453,805.95 bounty debt. 87 A Century in the Each of these would very nearly rep- resent the average annual expenditures for the decade which it ends. The total expenditures of the National Government for the year 1797 were $8,625,877.37, and if we deduct from this the amounts paid for interest, and pay- ments upon the public debt, it leaves the amount of ordinary expenditure but $2,836,110.52. The ordinary expenditures of the National Government did not reach the amount expended in this State for the year 1896 until the year 1847, if we except the years 1813, 1814 and 181 5, when the expenditures were abnormal by reason of the War of 1812, and if we except also the years 1837 ^^^^ 1838, and in none of those excepted years did the annual ordinary expenditures very greatly exceed this State's expenditure for 1896. During the century, the State has expended for lands, construction, enlarge- ment or permanent improvement : Of its five canals $74,347,000 00 Of its new Capitol 22,254,023 60 88 2ci Deputy Comptroller Connected with the office 31 years Comptroller s Office. Of the twelve hospitals erected by it $15,204,099 59 Of its seventeen other charitable institutions 6,369,110 70 Of its forty-five armories and arsenals 3.349.543 73 Of its three State prisons 4,528,058 65 Of its twelve normal schools . . . 1,826,350 06 Making a total expenditure for those various purposes of . . . . $127,878,186 33 Far the greater part of this money has been handled by, and drawn on the war- rant of, the Comptroller, and no suspicion has ever arisen that this duty was not honestly performed. Nearly all of the sinking funds of the various bonded debts of the State have been managed by the Comptrollers, who, in these 100 years, have never been the occasion of the loss of a single dollar. Jenkins, in his political history of New York, says that the Comptroller bears the same relation to the State that the Secre- tary of the Treasury does to the National Government, and this is largely true. I cannot do better in closing this brief 89 A Century in the Comptroller' s Office. sketch of the Comptroller's office than by quoting from Thurlow Weed's auto- biography. His opportunities for, and keenness of, observation make his state- ment of peculiar value. He says: "It seems proper to say, amid all the muta- tions of party, and the liability under our form of popular government to occasion- ally find unworthy men elevated to high places, our State has ever been singularly fortunate in its highest financial officer. We have had unfaithful men in almost every other department of the State Gov- ernment. We have had, in two or three instances, comparatively weak men in the office of Comptroller, but as a rule its incumbents have been capable, firm and incorruptible." 90