Townsend, Van Fleet, Van Ness, J. R. Van Rensselaer, Verbryck, Ward, E. Webster, Wendover, Woods, Woodward, Wooster, Young.-69.

AYES-Messrs. Beckwith, Buel, Carver, Child, Clyde, Cramer, Eastwood, Fenton, Hogeboom, Jay, Knowles, Lansing, P. R. Livingston, Nelson, Pike, Pitcher, Porter, Reeve, Rogers, Ross, R. Sanford, Scheuck, Seaman, Starkweather, I. Sutherland, Taylor, Ten Eyck, Tuttle, Van Buren, Wheeler, N. Williams, Yates.-34.

Cor.. YOUNG offered the following proviso to the 4th clause:

"Provided, That if the election of sheriff and clerk, aforesaid, or either of them, shall be found inconvenient, the legislature may provide by law for their appointment, two thirds of the inembers of both houses coucurring therein."

MR. SHARPE remarked, that if the regulation were found inconvenient, the constitution might be amended in the manner provided.

COL. YOUNG believed there would be no danger in entrusting the alteration to the legislature, two thirds of which would not act contrary to the public interest.

MR. WHEELER hoped no objections would be raised to a proviso which, in his opinion, was safe and judicious.

MR. SHARPE again spoke against the proviso, and remarked that similar provisos might be added to all the articles of the constitution. He could see no reason for making this provision an exception.

MR. WHEATON was decidedly opposed to leaving any thing to the legislature which could be properly fixed by the constitution. We were sent here to make a constitution, and not to refer it to the fluctuating caprice of the legislature. He had constantly voted, whenever the question came up, for the appointment of sheriffs by the supreme executive of the state, believing the office to be a ramification of the executive power. But the majority of the convention had determined otherwise, and he was content, especially as it would be a means of breaking into fragments that great mass of power and patronage which had heretofore been concentrated at the seat of government, and of dispersing it throughout the different counties, which, he was persuaded, would be attended with the most salutary consequences. He concluded with calling for the aycs and noes on the question.

MR. BURROUGHS announced his intention to vote against the proviso, and pointed out the evil consequences to which it would lead.

The question was then taken by ayes and noes, and decided in the negative, 75 to 20.

The section then passed without amendment.

Sections 9th and 10th passed as reported.

MR. TOMPKINS moved to strike out the words are directed to be elected' Carried.

MR. FENTON moved to strike out the whole section, and leave the appointment of coroners to the direction of the legislature-Lost.

Sections 12th, 13th, 14th, 15th and 16th, passed without amendment.

MR. WENDOVER moved to reconsider the 4th section of the 3d article, relative to the commander of the militia and admiral of the navy.

The motion was supported by Messrs. Wendover and Radcliff, and opposed by Mr. Tompkins-Lost.

ARTICLE FIFTH (relative to the judiciary) was read by sections.

MR. WHEATON moved to insert after "judges of the supreme court," the words "and district judges," so that these latter judges might also be members of the court of errors. He stated his object to be to infuse more law mind into that court, which was the highest tribunal in the state, and decided in the last resort on the lives, liberties, and property of the citizens. The house, by determining to reduce the number of the judges of the supreme court to three, had deprived the court of errors of two of its law members. He wished to obtain a compensation for this. By bringing the new district or circuit judges into the court of errors, we should add to its learning, and at the same time improve the character of these judges. We should raise the standard of the qualifications of the men who might aspire to a judgeship in these new courts, by exacting from them those qualifications which might be supposed to fit them for a seat in

the highest appellate tribunal. In his view, it was a serious objection to the court of errors, as now constituted, that it contained so large a preponderancy of men whose habits of life and means of education, however respectable they might be in other particulars, could not be supposed to fit them to sit in judgment to correct the errors of men who had made the study of the law the business of their whole lives.

The question was taken thereupon and lost, and the first section passed without amendment.

The second section being under consideration,

MR. WHEATON moved to strike out the words "the assembly shall have the power of impeaching all officers of this state for misconduct in office," and to insert the following: The governor, lieutenant governor, and all civil officers of this state shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. The assembly shall have the power of impeachment: But," &c.

The motion was supported by Mr. KING, when

COL. YOUNG proposed a modification of the motion, by making it read, all “civil officers of this state for inal and corrupt conduct, and for high crimes and misdemeanors."

MR. WHEATON assented, and observed that he had taken the words of his proposed amendment from the United States constitution, which was the nearest approach to a definition of the power of impeachment which he had any where met with. In certain periods of English history this power had unquestionably been abused, and perverted to the purposes of cruelty and oppression. But it was indispensably necessary to extend it further than it was carried by the constitution of 1777, which only went to try and punish public officers for official misconduct. But there might be many cases of crime which would render it wholly unfit that a public officer should remain in office, or be ever again entitled to the confidence of his country, which were entirely unconnected with official misconduct.

The question was thereupon put and carried, and the section passed as amended.

Section 3d passed as reported.

MR. BIRDSEYE moved to strike out the word "two" in the 4th section, and insert the word "three," making the number of the judges of the supreme court four instead of three.

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

NOES-Messrs. Barlow, Briggs, Brooks, Burroughs, Carpenter, Case, Child, D. Clark, R. Clarke, Clyde, Collins, Cramer, Dubois, Eastwood, Fenton, Ferris, Hallock, Hogeboom, Howe, Hunt, Hunting, Hurd, Knowles, A. Livingston, P. R. Livingston, M'Call, Millikin, Moore, Park, Pike, Pitcher, President, Pumpelly, Reeve, Richards, Rockwell, Root, Ross, Russell, Sage, Sanders, R. Sanford, Schenck, Seely, Sheldon, I. Smith, R. Smith, Starkweather, Steele, Swift, Taylor, Townley, Townsend, Tuttle, Van Fleet, Van Vechten, Verbryck, E. Webster, Wheeler, Woods, Wooster, Young-63.

AYES-Messrs. Bacon, Beckwith, Birdseye, Bowman, Brinkerhoff, Buel, Carver, Duer, Dyckman, Edwards, Fairlie, Frost, Hunter, Huntington, Jay, Jones, King, Lansing, Lefferts, Munro, Nelson, Paulding, Porter, Radcliff, Rhinelander, Rogers, Rose, N. Sanford, Seaman, Sharpe, Stagg, I. Sutherland, Sylvester, Ten Eyck, Van Buren, Van Horne, J. R. Van Rensselaer, Ward, Wendover, N. Williams, Woodward, Yates-42.

The section passed as reported.

Section 5th (relative to district courts) was read.

MR. WREFLER moved to strike out "district" wherever it occurs in the section, and insert "circuit."-Carried. And the section passed with a few verbal amendments.

Section 6th (respecting judges of county courts and recorders of cities) passed as reported.

GEN. ROOT offered the following amendment :

"All votes for any elective office given by the legislature, or the peple, for

the chancellor or justice of the supreme court, or circuit judge, during his continuance in his judicial office, shall be void."

Some modifications were proposed by Messrs. Tompkins and Wheeler, which not being assented to by Gen. Root, the question on the amendment was put and carried.

MR. WHEATON moved the following as an additional section to the 5th article:

"The chancellor, the chief justice, and associate justices of the supreme court, and the several circuit judges, shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office."

Mr. Wheaton had hoped that some other gentleman would have made this proposition, as he had so frequently had occasion to trouble the house on the subject of the judiciary. But he felt it to be his duty to make one more effort, and he assured the Convention it should be the last, to place that most important department of the government on something like a reasonable footing of independence, as to the direct control of the other departments. He confessed that this seemed now almost impracticable, since it had been determined that the judges should be removable by the joint resolution of a bare majority of the senate and two thirds of the assembly. This was indeed a very great innovation on the ancient constitution of the state. But that constitution contained no provision that the judges should receive fixed salaries. Such a regulation had been thought necessary even in England, where the judiciary was not a co-ordinate branch of the government; and it was contained in almost every constitution in this country, that of the union included. A celebrated writer (Mr. Constant,) whose love of liberty was as ardent as it was enlightened, had said that the independence of the judiciary was the corner stone of constitutional freedom; and that the possibility of their removal, unless by a solemn judgment, was fatal to that independence. But if, in addition to this, they were constantly subject to the caprice of the legislature for their annual compensation, how could the judges feel that degree of freedom of action which was essential to the impartial administration of justice? Unless it was intended to make them the mere instruments of the legislative department of the government, their compensation ought not to be liable to reduction. The governor's salary could neither be increased nor diminished. But he remained in office so short a period, that the value of money and the expenses of living could not much vary. Far different was the case of the judges, who held their offices for many years, and whose salaries might require an increase, but which could not be subject to diminution without bringing them under the complete control of the legislature.

The proposition was further supported by Messrs. King, I. Sutherland, and Buel, on the ground that the judges ought not to be left at the mercy of the legislature, as it would render them less independent; and opposed by Messrs. Young, Briggs, and Root, on the ground that the legislature had been, and probably would be, liberal in fixing the compensation of the judges.

On motion of Mr. WHEATON, the question on the amendment was taken by ayes and noes, and decided in the negative, 70 to 26.

MR. Ross moved to reconsider the fifth section of the fifth article, and stated his object. Lost.

MR. FAIRLIE moved to rise and report. Lost.

MR. RADCLIFF offered the following proposition:

"The chancellor, the justices of the supreme court, and the circuit judges, may after they shall respectively arrive to the age of sixty years, be appointed for the farther term of five years to any of the said offices. Lost.

MR. WHEELER moved to reconsider the fourth section, relative to the number of judges of the supreme court. Motion to reconsider was lost. MR. BRIGGS moved to rise and report. Lost.

GEN. J. R. VAN RENSSELAER moved to reconsider the sixth section, with a view of excluding judges of the United States' courts from the same offices as

the chancellor and judges of the supreme court are excluded, by the amendment to that section. He also offered the following resolution:

Resolved, That no member of this Convention shall take, receive, or hold any appointment or office directed or established by this constitution, at any time before the first day of January, in the year 1825.

The motion to reconsider was lost.

MR. BUEL proposed a few verbal amendments to some of the sections passed over, which were adopted.

MR. WENDOVER made another ineffectual motion to amend the fourth section of the third article.

The question on agreeing to the report of the committee of the whole, was put and carried.

GEN. ROOT, chairman of the committee appointed to draft an address, reported an address, which was read, and ordered to be printed.

The Convention then adjourned, to meet again at five o'clock this evening.

EVENING SESSION.

COL. YOUNG moved, that the printers be directed to proceed in the printing of that part of the constitution which has been sanctioned by the Convention. Much discussion took place, in the course of which a correspondence between the secretary of state and the comptroller, was read, by which it appeared that the comptroller did not feel himself authorized by the law calling the Convention, to pay out any monies from the treasury by the direction of the Convention.

The Convention then went into a committee of the whole, on the revision of the amended constitution-Mr. Lawrence in the chair.

ARTICLE SIXTH, (relative to the oath of office,) was read, and passed without amendment.

ARTICLE SEVENTH, (bill of rights, and miscellaneous provisions,) was read. On motion of Mr. KING, the words "this state," in the third line of the first section, were stricken out, and the word "thereof," inserted instead of them; and the first section passed without further amendment.

MR. BIRDSEYE moved to amend the 2d section, by striking out the clause which prohibits the institution of new courts.

After some discussion, by the mover, and by Messrs. Young and Burroughs, the motion was put and lost, and the section passed as reported.

Section third, (free exercise of religious profession,) passed without amend

meut.

Section fourth, (declaring ministers of religion ineligible to office,) was read. MR. KING thought the phrase "ministers of religion.” ambiguous, and movcd to strike out " religion," and insert "gospel." Carried.

GEN. ROOT moved to strike out the whole section, and insert the article in the present constitution.

The motion was opposed by Messrs. Buel, Briggs, and Wheaton, on the ground that the provision as amended was more concise, while it conveyed nearly the same idea; and the committee had uniformly omitted all the recitals or preambles in the old constitution, as being superfluous; and supported by Messrs. Root and Van Buren, upon the ground that the article in the existing constitution is more full and explicit; when the question on striking out and inserting was put and carried.

MR. BIRDSEYE offered the following proviso: "Provided, that nothing herein contained shall prevent any clergyman from being appointed to any office in any literary corporation, or to any office merely literary."

Messrs. Munro and Van Buren opposed the proviso, as being wholly unnecessary, the true exposition of the present clause not excluding clergymen from offices merely literary; and Mr. Birdseye made a few remarks in its favour, when the question was taken and lost, and the section passed as amended.

Section fifth, (requiring the militia to be armed and disciplined,) was read. MR. JAY moved to strike out "whatever as," and insert "which," in the fourth line, to remove an ambiguity in the sentence.

GEN. ROOT penned this section, and believed the phraseology sufficiently explicit. It was the language of the old constitution.

MR. RADCLIFF thought there were objections to this section, as it now stands, and moved to strike out the words as from scruples of conscience," and insert" as holding it unlawful to bear arms."

MR. JAY then withdrew his motion, to give place to that of the gentleman from New-York, (Mr. Radcliff.) The amendment of Mr. Radcliff was discussed by Messrs. Root, Young, and Wheaton, the latter of whom insisted that the exemption ought only to apply to a sect having conscientious scruples, and not to every individual pretending such secuples; when Mr. R. withdrew his motion, and that of Mr. Jay was renewed, which was put and carried.

Ma. Jay then moved to strike out the words of any religious denomination whatever," which was opposed by Mr. Root, and lost.

Seotion sixth, (writ of habeas corpus,) was read, and passed without amend

ment.

Section seventh, (prescribing the manner in which persons shall be answerable for crimes, &c.) was read.

sary.

MR. VAN BUREN moved to strike out the whole section, as being unnecesThe motion was seconded and supported by Mr. Sharpe, and opposed by Messrs. Buel, Radcliff, Wheaton, and Munro, when the motion on striking out was put and lost.

A motion was made by Mr. BUEL, to insert after the words "private property shall not be taken for public use without just compensation," the words to be assessed by a jury."

Some discussion took place between Messrs. Buel and Birdseye, when the question on the amendment was put and lost.

Before the question on the whole section was taken, Mr. RADCLIFF wished to make a few remarks on the importance of the section. He moved to insert "assault and battery, and breaches of the peace," and explained his reasons for the motion.

The motion was opposed by Messrs. N. Williams and Munro, and supported by Mr. Sheldon, when the same was put and lost, and the section passed without amendment.

Sections 8th and 9th (freedom of speech, and appropriation of public monies) were read, and passed as reported.

Section 10th (relative to the school and canal funds) was read.

MR. WHEELER called for the ayes and noes, and explained his reasons for making the call.

Some discussion took place between Messrs. Van Buren, Ward, Birdseye, and Radcliff.

MR. WHEELER moved to strike out the words," or lands which may hereaf ter belong to the state."

Another debate ensued, in which Messrs. Van Buren, King, Jay, Young, Tompkins, J. R. Van Rensselaer. and Radcliff, took part, and in which the state of the property appropriated to the school fund, was explained, when the question was taken by ayes and noes, and decided in the affirmative, 52 to 47, as follows:

AYES-Messrs. Bacon, Beckwith, Birdseye, Brinkerhoff, Brooks, Bur roughs, Child, Clyde, Cramer, Duer, Eastwood, Fairlie, Hallock, Hogeboom, Howe, Hunt, Hunting, Huntington, Hurd, Jones, Lansing, P. R. Livingston, Millikin, Nelson, Pike, Pitcher, Reeve, Richards, Rockwell Rogers, Rose, Russell, Sanders, R. Sandford, Seaman, I. Smith, Steele, I. Sutherland, Ten Eyck, Townley, Van Buren, Van Horne, Van Ness, J. R. Van Rensselaer, Van Vechten, Ward, E. Webster, Wheeler, N. Williams, Woods, Woodward, Yates-52.

NOES-Messrs, Baker, Barlow, Briggs, Buel, Carver, D. Clark, Collins, Dubois, Edwards, Fenton, Frost, Hunter, Jay, King, Knowles, Lefferts. A. Livingston, M'Call, Moore, Munro, Park, Paulding, Porter, President, Pumpelly, Radcliff, Rhinelander, Ross, Sage, N. Sanford, Schenck, Seely. Sharpe, Sheldon, R. Smith, Stagg, Starkweather, D. Sutherland, Swift, Sylvester, Taylor, Tuttle, Van Fleet, Verbryck, Wendover, Wheaton, Young-47.