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The motion was modified by the consent of Mr. Briggs, and the question on inserting the word "sheriffs" after the word "appoint," in the third line, was taken by ayes and noes, add decided in the negative, as follows:

NOES-Messrs. Bacon, Baker, Barlow, Birdseye, Rrooks, Carpenter, Carver, D. Clark, R. Clarke, Collins, Cramer, Dubois, Duer, Dyckman, Eastwood, Edwards, Ferris, Fish, Frost, Hallock, Hees, Howe, Hunt, Hunter, Hunting, Huntington, Hurd, Lawrence, A. Livingston, M‘Call, Millikin, Moore, Park, Price, Pumpelly, Radcliff, Rhinelander, Richards, Rockwell, Root, Rosebrugh, Sage, Sanders, N. Sanford, Seely, Sharpe, I. Smith, R. Smith, Spencer, Stagg, Steele, Swift, Sylvester, Tallmadge, Townley, Townsend, Van Fleet, Van Ness, J. R. Van Rensselaer, Verbryck, Ward, E. Webster, Wendover, Wheeler, E. Williams, Woods, Wooster-67.

AYES-Messrs, Beckwith, Breese, Briggs, Buel, Case, Child, Clyde, Dodge, Fairlie, Fenton, Hogeboom, Humphrey, Jay, Jones, Kent, King, Lansing, Lefferts, P. R. Livingston, Munro, Nelson, Paulding, Pike, Pitcher, Porter, Reeve, Rogers, Rose, Ross, Russell, Schenck, Seaman, Starkweather, I Sutherland, Taylor, Ten Eyck, Tripp, Tuttle, Van Buren, Van Horne, S. Van Rensselaer, Van Vechten, Wheaton, N. Willian.s, Young-47.

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MR. BRIGGS then renewed his motion to strike out from the word 'except,' to the word appointed,' as above stated, and to insert the words, " but the justices of the peace, shall be elected by the people in the several towns in this state."

After some discussion by Messrs. King, Briggs, Van Buren, Root, and Buel, the question was taken by ayes and noes, and decided in the negative, 76 to 39, as follows:

NOES-Messrs. Barlow, Beckwith, Birdseye, Brinkerhoff, Brooks, Buel, Burroughs, Carpenter, Carver, Case, Child, R. Clarke, Clyde, Cramer, Dodge, Dubois, Duer, Dyckman, Eastwood, Fairlie, Fenton, Ferris, Frost, Hogeboom Howe, Humphrey, Hunt, Hunting, Jay, Kent, Knowles, Lansing, P. R. Livingston, M'Call, Moore, Munro, Nelson, Park, Pike, Price, Pumpelly, Radcliff, Reeve, Richards, Rockwell, Rogers, Root, Rose, Rosebrugh, Ross, Russell, Sage, Schenck, I. Smith, Spencer Stagg Starkweather, Steele, I. Sutherland. Swift, Sylvester Taylor, Townsend, Tuttle, Van Buren Van Fleet, Van Horne, S. Van Rensselaer, Van Vechten, Verbryck, Ward, Wendover, Wheeler, N. Williams, Young-76.

AYES-Messrs. Bacon, Baker, Briggs. D. Clark, Collins, Edwards, Fish, Hallock, Hees, Hunter, Huntington, Hurd, Jones, King. Lawrence, Lefferts, A. Livingston, Millikin, Paulding, Pitcher, Porter, Rhinelander, Sanders, N. Sanford, R. Sandford, Seaman, Seely, R. Smith, Tallmadge, Townley, Tripp, Van Ness, J. R. Van Rensselaer, E. Webster, Wheaton, E.Williams, Woods, Woodward, Wooster-39.

MR. DODGE moved to strike out all that part of the section after the word 'appoint,' in the 3d line, and insert the following: " All other officers not otherwise provided for by this Constitution."

Before the question on this amendment was taken, Mr. Birdseye moved to strike out the word except' in the 4th line, and insert the word "including," with a view to give the appointment of justices to the governor and senate. The question on striking out was taken by ayes and noes, and decided in the negative, as follows:

NOES.-Messrs. Bacon, Brooks, R. Clarke, Dubois, Duer, Edwards, Fish, Frost, Hallock, Hees, Howe, Hunter, Huntington, Hurd, Jay, Jones, Kent, King, Lansing, Lawrence, Lefferts, A. Livingston, M'Call Millikin, Moore, Munro, Paulding Porter, Price, Radcliff, Rhinelander, Rogers, Rose, Rosebrugh, Sage, Sanders, N. Sanford Seely, R. Smith Spencer, Stagg Swift, Sylvester, Tallmadge. Townley Townsend, Van Fleet, Van Ness, J. R. Van Rensselaer, S. Van Rensselaer, Van Vechten Verbryck, Ward, E. Webster, Wendover. Wheaton E. Williams, Woodward.-58.

AYES.-Messrs. Barlow, Beckwith, Birdseye, Breese, Briggs, Brinkerhoff, Buel, Burroughs, Carpenter, Carver, Child, Collins, Cramer, Dodge, Dyckman, Eastwood, Fairlie, Fenton, Ferris, Hogeboom, Humphrey, Hunt, Hunt

ing, Knowles. P. R. Livingston, Nelson, Park, Pike, Pitcher, Pumpelly, Reeve, Richards, Rockwell Root, Ross, Russell, R. Sandford, Schenck, Seaman, I. Smith, Starkweather, Steele, I. Sutherland, Taylor Tripp, Tuttle, Van Buren, Van Horne, Wheeler, N. Williams, Woods, Wooster, Young.—53.

MR. BUEL then moved to strike out all that part of the section which follows the words, "that is to say," in the sixth line, to the word, "appointed," in the twenty-seventh line, and insert the following:

"The boards of supervisors in every county in this state shall, at such times as the legislature shall direct, meet together, and they or a majority of them so assembled, may nominate a list of persons, equal in number to the justices of the peace to be appointed in the several towns in their respective counties-And the respective courts of common pleas of the said counties shall in like manner meet and nominate a list of the like number. And that it shall be the duty of the said boards of supervisors and courts of sommon pleas, to compare such lists at such time and place as the lagislature may direct, and if on such comparison the said boards of supervisors and courts of common pleas shall be found to agree, in all or in part, they shall file a certificate of such nominations in which such agreement is found, in the office of the clerk of the county; and the person ar persons so found on both lists shall be justices of the peace. And in case of disagreement, in whole or in part, it shall be the further duty of the said boards of supervisors and courts of common pleas, respectively to transmit their said lists, so far as they disagree in the same, to the governor, whose duty it shall be to select from the said lists and appoint as many justices of the peace as shall be required to fill the vacancies."

The question on striking out and inserting, was taken by ayes and noes, and decided in the affirmative, 60 to 55, as follows:

AYES.-Messrs. Baker, Barlow, Beckwith, Birdseye, Breese, Brinkerhoff, Buel, Burroughs, Carpenter, Carver, Case, Child, R. Clarke, Clyde, Cramer, Dodge, Dyckman, Eastwood, Fairlie, Fenton, Ferris, Howe, Humphrey, Hunt, Hunting, Knowles, Lansing, P. R. Livingston, Munro, Nelson, Park, Pike Pitcher, Price, Pumpelly, Reeve, Richards, Rockwell, Rogers, Root, Ross, Russell, Schenck, Seaman, Sheldon, Starkweather, Steele, I. Sutherland. Swift, Taylor, Townsend, Tripp, Tuttle, Van Buren, Van Horne, Wheeler, N. Williams, Woods, Wooster, Young.-60.

NOES.-Messrs. Bacon, Briggs, Brooks, D. Clark, Collins, Dubois, Duer, Edwards, Fish, Frost, Hallock, Hees, Hogeboom, Hunter, Huntington, Hurd, Jay, Jones, Kent, King, Lawrence, Lefferts, A.-Livingston, McCall, Millikin, Moore, Paulding, Porter, Radcliff, Rhinelander, Rose, Rosebrugh, Sage, Sanders, N. Sanford, R. Sandford, Seely, I. Smith, R. Smith, Spencer, Stagg, Sylvester, Tallmadge, Townley Van Fleet, Van Ness, J. R. Van Rensselaer, Van Vechten, Verbryck, Ward, E. Webster, Wendover, Wheaton, E. Williams, Wood, ward.-55.

THE JUDICIAL DEPARTMENT.

MR. CARPENTER offered the following proposition on the judicial depart ment, which was ordered to be printed :

I. The supreme court shall consist of a chief justice and two justices. II. The state shall be divided, by law, into a convenient number of districts, not less than four, nor exceeding eight, subject to alteration by the legislature, from time to time, as the public good may require; for each of which a district judge shall be appointed in the same manner, and hold his office by the same tenure as the justices of the supreme court; who shall possess the powers of a justice of the supreme court at chambers, and at the trial of issues joined in the supreme court, and preside in courts of oyer and terminer and general gaol delivery; and such equity powers may be vested in the said district judges, or in the courts of com non pleas, or in such other subordinate courts as the legislature may by law di rect, subject to the appellate jurisdiction of the chancellor,

On motion of Mr. Dodge, the Convention then adjourned.

FRIDAY, NOVEMBER 2, 1821. The Convention assembled as usual, and the minutes of yesterday were read and approved.

THE APPOINTING POWER.

The second section of the report of the committee of the whole on the appointing power in relation to civil offices was declared to be the subject for consideration, when the question was taken upon the residue of the same and passed without further amendment.

MR. DODGE moved to reconsider the second section, and insert" district at. tornies," in the third line, after the word " appoint."

As Mr. D. was not present when this section was under debate in the committee of the whole, he wished to make a few remarks. It had been universally admitted in this house, and it was a truth which admitted not of contradiction, that the legislative, judicial, and appointing powers, should be separated. By giving this power to the judges, together with the appointment of clerks and the nomination of justices, you give them a very extensive influence and great power. They will influence their clerks, the district attorney, and the justices in their several counties. Many of the judges, in consequence of this influence, will be returned to the legislature. Thus all these offices will be united. The inevitable consequence of the connexion, is the injury of the judges in their judicial capacity. The office of district attorney is all-important to the county. They ought to execute their duties with fearless impartiality and fidelity. They are in some measure the guardians of the county. They are sometimes under the necessity of differing from the judges; and there have been, and probably will be again, cases where it becomes their duty to indict and prosecute the judges themselves. It is therefore all-important for the faithful discharge of his duties, that the district attorney should be independent of any appointing power in his own county. He felt that we were clothing our judges with too much political power; and he feared the consequence would be, that in some counties there may hereafter exist political judges.

The motion to reconsider was carried; when the question on the proposed amendment was taken and lost.

The third and fourth sections, relative to the appointment of sheriffs, clerks, and district attornies, passed without amendment.

The fifth section, relative to the appointment of mayors was read.

MR. LANSING moved to insert after the word "state," the words "except the city of New-York," with the view of referring the appointment of the mayor of that city to the general appointing power.

Some discussion took place between Messrs. Sharpe, Munro, Young, Radcliff and Jay, when the motion was put and lost.

MR. MUNRO moved to strike out the fifth section, and insert a clause, giving the appointment of mayors of all the cities to the governor and senate.

The question was taken by ayes and noes, and decided in the negative as follows:

NOES-Messrs. Bacón, Baker, Barlow, Briggs, Brinkerhoff, Brooks, Carpenter, Child, D. Clark, R. Clarke, Collins, Cramer, Dubois, Dyckınan, Edwards, Ferris, Fish, Frost, Hallock, Hees, Howe, Hunt, Hunter, Huntington, Jones, Kent, King, Lawrence, Lefferts, P. R. Livingston, M'Call, Millikin, Moore, Paulding, Porter, Price, Pumpelly, Radcliff, Reeve, Rhinelander, Richards, Rogers, Root, Rose, Rosebrugh, Sage, Sanders, N. Sanford, R. Sandford, Seaman, Seely, Sharpe, R. Smith, Spencer, Stagg, Starkweather, Steele, I. Sutherland, Swift, Sylvester, Ten Eyck, Townley, Tripp, Tuttle, Van Buren, Van Fleet, Van Ness, J. R. Van Rensselaer, Verbryck, Ward, Wendover, Wheaton, E. Williams, Woods, Woodward, Wooster-76.

AYES-Messrs. Beckwith, Birdseye, Brcese, Buel, Burroughs, Carver, Case, Clyde, Dodge, Eastwood, Fairlie, Fenton, Hogeboom, Humphrey, Hunting, Jay, Knowles, Lansing, A. Livingston, Munro, Park, Pike, Pitcher, Rockwell, Ross, Russell, Schenck, Sheldon, Tallmadge, Taylor, Townsend, Van Horne, Van Vechten, E. Webster, Wheeler, N. Williams, Young-37.

MR. BUEL moved to strike out the whole clause, without inserting a substi tute, leaving the mayors to be appointed or elected, according to the provisions of the eleventh section. The motion was supported by Mr. Buel, and opposed by Messrs. Van Vechten and Radcliff. Lost.

MR. BACON moved to amend the section by inserting a clause placing the presidents of incorporated villages upon the same footing with regard to ap pointment as mayors.

Messrs. Roor and N. WILLIAMS hoped the motion would not prevail, and pointed out some of the inconveniences which would result from such a provision. Lost.

MR. VAN VECHTEN moved to amend the section by inserting after the word "statc," ," "except the city of Albany;" which was carried, 36 to 35. GEN. ROOT then moved to reconsider the vote on excepting the mayor of New-York. The charter provided for the appointment of mayor, and we had no right to alter charters.

The motion was opposed by Messrs. Edwards, Briggs, Sharpe, and Munro, when the question on the amendment was taken and carried.

MR. BUEL moved to except the city of Troy. Carried.

MR. RADCLIFF moved to except the cities of Hudson and Schenectady.— Carried.

MR. BRIGGS moved to except all other mayors whatsoever.

MR. SHARPE called for the ayes and noes on the section as amended, which was as follows: "That all the mayors of all the cities in this state, except the cities of New-York, Albany, Troy, Hudson, and Schenectady, be appointed by the common councils of the said respective cities." Mr. S.'s object in calling for the ayes and noes, was to give gentlemen who introduced this farce, an opportunity to record their names.

A long discussion was had, when Mr. Sharpe withdrew his motion for taking the ayes and noes.

It was then moved to reconsider the several amendments. Carried.

MR. RADCLIFF moved to strike out all the amendments just agreed to in Convention, so as to leave the section as adopted by the committee of the whole and printed.

GEN. ROOT called for a division of the question on Mr. Radcliff's motion, so as to decide first and separately on that part of the amendment which relates to the appointment of the mayor of the city of Albany.

The president decided that the motion was divisible, and said that the question would be put accordingly.

Some desultory debate took place relative to the state of the section; some members contending that the vote of reconsideration expunged the amendments of course, and left the section as originally reported without amendment.

THE PRESIDENT decided that the vote for reconsideration merely opened the section as amended to discussion, and to the amendments' adoption er rejection; but did not, without a further motion and vote, dispose of the amendments already adopted.

The motion of Mr. Radcliff was then withdrawn; when

MR. SHARPE moved to strike out the whole section as amended, and insert the words as they stand in the printed report, viz. "That the mayors of all the cities be appointed by the common councils of the said respective cities." The question was taken by ayes and noes, and decided in the affirmative, as follows:

AYES--Messrs. Bacon, Baker, Barlow, Briggs, Brinkerhoff, Brooks, Burroughs, Carpenter, D. Clark, R. Clarke, Collins, Dubois, Duer, Dyckman, Edwards, Fairlie, Ferris, Fish, Hallock, Hees, Howe, Hunt, Hunter, Huntington, Hurd, Jones, Kent, King Lawrence, Lefferts, P. R. Livingston, M'Call, Millikin, Moore, Paulding, Porter, Price, Pumpelly, Radcliff, Rhinelander, Rogers, Ross, Rosebrugh, Sage, Sanders, N. Sanford, R. Sandford, Seaman, Seely, Sharpe, 1. Smith, R. Smith, Spencer, Stagg, Starkweather, Sylvester, Tea Eyck, Townley, Tripp, Van Buren, Van Fleet, Van Horne, Van Ness, S. Van Rensselaer, Verbryck, Ward, E. Webster, Wendover, Wheaton, E. Williams, Woods, Woodward, Wooster. -72.

NOES.-Messrs. Beckwith, Birdseye, Breese, Buel, Carver, Case, Child, Clyde, Cramer, Dodge, Eastwood, Fenton, Frost, Hogeboom, Humphrey, Hunting, Jay, Knowles, Lansing, A. Livingston, Munro, Nelson, Park, Pike, Pitcher, Reeve, Richards, Rockwell, Root, Rose, Russell, Schenck, Sheldon, Steele, I. Sutherland, Swift, Tallmadge, Taylor, Townsend, Tuttle, J. R. Van Rensselaer, Van Vechten, Wheeler, N. Williams, Young-44.

The 6th section, relative to coroners, was read.

It was moved to strike out the words " appointed or," so as to make the coroners elective by the people; which after some discussion, was carried, and the section passed.

The seventh eighth, ninth, and tenth sections relative to masters and examiners in chancery; clerks of courts; and justices of the peace in New-York, passed without amendment.

The 11th section, relative to officers chosen by the people, and to other offi cers not provided for by this constitution, underwent a few verbal amendments, when Mr. Jay offered the following proviso:

"Provided, that no officers shall be appointed by the legislature, or by any persons elected by them."

In offering this proviso, Mr. Jay went into a full explanation of the object he had in view. A very large number of offices had by this section been left to the disposal of the legislature, and were to be filled in such manner, as that body might from time to time direct. He believed the whole number of appointments, for which no provision had been made, and which it had been decided to throw into the hands of the legislature, amounted to two or three thousand. As the section now stood, the legislature were left at liberty, either to make those appointments directly, or to create some other body, which would be completely under its control, to exercise the residue of the appointing power left at its disposal. It appeared to him, that this power was liable to abuse, and would lead to evils similar to those we had experienced from the old council; and he therefore thought proper to offer a proviso, which would in some measure be a safeguard against such abuses.

MR. E. WILLIAMS was decidedly in favour of the proviso. If it were not adopted, we were about to experience the scenes of intrigue and scrambles for office, to which the old council of appointment had given rise. The mode of appointment would shift as often as the politics of the legislature; and it would be an object to obtain a seat in the house, for the purpose of having a voice in the disposal of these appointments. This power would be a bone of contention, and would be wielded as a political engine.

COL. YOUNG was unable to foresee so many dangers and so much corruption from the exercise of this power by the legislature as had been anticipated. It was already expressly provided, that no member of the legislature could accept of an office, and he knew no reason why that body might not direct the mode of appointing these officers with perfect safety.

MR. MUNRO was alarmed at the facts which had been disclosed this morning. It appeared that about three thousand offices have been left at the disposal of the legislature. He had been entirely mistaken on this subject, and had he been aware of the extent of the appointing power, for the exercise of which no provision had been made, he should on former occasions have acted and voted very differently from what he had done. He could not approve, and his constituents would never agree, to a constitution containing such a provision. It was worse, if possible, than the old council of appointment.

MR. VAN BUREN believed gentlemen were unnecessarily alarmed on this subject. The offices left to the legislature had been greatly exaggerated both in number and importance; and he entertained no doubt that the power would be discreetly exercised.

MR. SHARPE was opposed to the proviso. It was, in his opinion, an unnecessary check. We had, as it had been remarked, determined that no member of the legislature could accept of an office while he held a seat in that body; and he thought all the alarm which some gentlemen had felt was entirely groundless.

MR. DUER Supported the proviso. He fully concurred in the reaosns which

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