MILITIA OFFICERS.

Resolved, That the council of appointment, as established by the existing con. stitution, ought to be abolished.

Resolved, That appointments and selections for offices in the militia, ought to be directed by the constitution to be made in the manner following, viz,

1st. Captains and subalterns by the written votes of the members of their respective companies; and non-commissioned officers to be appointed by captains. 2d. Field officers of regiments by the written votes of the commissioned offi. cers of the respective regiments.

3d. Major-generals, brigadier-generals and commanding officers of regiments, to appoint the staff officers of their respective divisions, brigades, and regiments. 4th. The governor, no nominate, and by and with the advice and consent of the senate, to appoint all major generals, brigadier-generals, and adjutant-general. 5th. That it should be made the duty of the legislature to direct by law the time and manner of electing militia officers, and of certifying the officers elect ed, to the governor.

6th. That the constitution ought to provide that in case the electors of captains, subalterns, or field officers of regiments, shall neglect or refuse to make such election, after being notified according to law, the governor shall appoint suitable persons to fill the vacancies thus occasioned.

7th. That all commissioned officers of militia be commissioned by the gover nor, and that he determine their rank.

8th. That the governor shall have power to fill up all vacancies in militia offi cers, the appointment of which is vested in the governor and senate, happening du ring the recess of the senate, by granting commissions which shall expire at the end of the next session of the legislature.

9th. That no officer, duly commissioned to command in the militia, shall be removed from his office, but by the senate on the recommendation of the governor, stating the grounds on which such removal is recommended, or by the decision of a court martial pursuant to law.

10th. That the commissions of the present officers of the militia be no otherwise affected by these amendments than to subject those holding them, to removal in the manner above provided.

11th. That in case the mode of election and appointment of militia officers now directed, shall not after a full and fair experiment be found conducive to the im provement of the militia, it shall be lawful for the legislature to abolish the sune, and to provide by law for their appointment and removal: Provided two thirds of the members present in each house shail concur therein.

CIVIL OFFICERS.

Resolved, that instead of the mode now provided for, the appointment of ci vil officers, the constitution ought to be so amended as to direct their clection and appointment in the manner following:

1st. The secretary of state, comptroller, treasurer, surveyor-general, and commissary-general, to be appointed as follows, to wit: The senate and assem bly shall each openly nominate one person for the said offices respectively, after which nominations they shall meet together, and if on comparing their respec tive nominations they shall be found to agree, the person so designated shall be so appointed to the office for which he is nominated,-if they disagree, the ap. pointment shall be made by the joint bailot of the senators and members of assembly, so met together as aforesaid.

2d. That the governor shall nominate, and, by and with the advice and con sent of the senate, shall appoint the attorney-general, sheriffs, and all judicial of ficers, except justices of the peace.

3.1. That the clerks of courts including county clerks, be appointed by the courts of which they respectively are clerks; and district attorneys by the courts of common pleas.

4th. That the mayors and clerks of all the cities in this state, except the eity of New-York, be appointed by the cominon councils of the said respective cities.

5th. That there shall be elected in every town in this state by the persons qual del to vote for members of the legislature, so many justices of the peace

as the lagislature may direct, not exceeding four in any town. That every person so elected a justice of the peace may hold his office for four years, unless re noved by the county court or court of common pleas, for causes particularly assigned by the judges of the said court. And that no justice of the peace shall be so removed until notice is given him of the charges made against him, and an opportunity afforded him of being heard in his defence.

6th. That all officers under the authority of the government of this state in the city of New-York, whose appointment is not vested in the common council of said city, or in the governor, by and with the advice and consent of the senate, shall be appointed in the following manner, to wit: The inhabitants of the respective wards of that city, qualified to vote for members of the legislature, shall elect one person in each of the said wards, and the persons so elected shall constitute a board of electors for the appointment and removal of all such officersThat immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes-The seats of the electors of the first class shall be vacated at the expiration of the first year; of the second class at the expiration of the second year, and of the third class at the expiration of the third year; so that one third may be chosen every year; and if vacancies happen by resignation or otherwise, they shall be supplied by the wards in which they happen, in the manner above mentioned-And that no such elector shall be eligible to any office within their gift, during the time for which he shall be elected.

7th. That all the officers which are at present elected by the people, continue to be so elected; and all other officers whose appointment is not provided for by this constitution, and who are not included in the resolution relative to the city of New-York, and all officers who may be hereafter created by law, may be elected by the people, or appointed as the legislature may from time to time by law direct, and in such manner as they shall direct.

TENURE Of office.

Resolved, That the tenure of the offices herein after named be as follows: 1. Treasurer to be chosen annually.

2. Secretary of state, comptroller, surveyor and commissary general, to hold during the pleasure of the legislature-removable by concurrent resolution.

3. Sheriffs to be appointed annually, ineligible after four years, and to hold no other office at the same time.

4. Judges of the courts of common pleas (except the first judge) and surro. ga es to be appointed for five years, removable by the senate on the recommendation of the governor, stating the grounds on which such removal is recommend.

ed.

5. Attorney general to hold his officee during the pleasure of the governor and senate, removable by the latter on the recommendation of the former.

6. Recorders of cities by the same tenure, except that the recommendation of re moval shall state the grounds.

7. Mayors of cities to be appointed annually.

8. Clerks of courts and district attornies to hold during the pleasure of the courts appointing them.

SCHEDULE of the number of officers in the state holding their commission under the council of appointment as at present organized, and showing also the number and nature of the officers which will be appointed by the governor and senate, if the system, recommended by the committee, be adopted.

Civil appointments under the council of appointment.

There are 52 counties in the state, and 639 towns, (allowing the wards in cities to be equal to towns).

One chancellor, five judges of the supreme court, and one judge of the

court of probate amounted to,

First judge and four other judges in each county, amounted to,

Four justices in each town,

One clerk, one surrogate, and one sheriff to cach county,

Auctioneers in the state

Coroners in the state,

7

260

2556

156

316

630

Examiners in chancery,

*510

307

70

52

1136

25

Other officers not particularized,

Inspectors of beef and pork, and all other inspectors for commercial or mer. cantile purposes,

312

326

* Some of the masters in chancery not being counsellors at law cannot act.

If the system recommended by the committee be adopted; out of the 14,943 appointments now made by the council of appointment, the following only will be made by the general appointing power, viz.

Chancellor, judges of the supreme court, and judge of probate

[Mr. VAN BUREN, in making the foregoing report, stated that a difference of opinion existed among the members of the committee with respect to some of its provisions; and that a particular provision, limited to the city of NewYork, had been introduced at the unanimous request of the delegates representing that city.]

The report was committed to a committee of the whole house, and ordered to be printed.

THE EXECUTIVE DEPARTMENT.

GEN. ROOT understood the chairman of the committee of the whole, on the executive department to have reported that various amendments had been gone through, and that he was not instructed to ask leave to sit again. He therefore thought the proper course would be to refer the report back to the committee of the whole, in order that they might make a perfect report, and he made a motion to that effect. After some discussion on the point of order between the president, Messrs. Spencer, Radcliff, and Root, it was moved by Mr. Spencer, that in consequence of the thinness of the house, the consideration of this report be deferred until to-morrow.

GEN. ROOT wished business to be done in order. He only desired to see the report of the chairman of the committee of the whole on the executive department referred back to that committee, for the sake of order. He should then

concur in the motion of the gentleman from Albany, that the Convention should not go into consideration of this report to-day. Mr. Root's motion was then put and carried.

THE BILL OF RIGHTS.

MR. SHARPE then moved that the house go into committee of the whole, on the report of the committee on the bill of rights-which was acceded to, and Mr. Yates was called to the chair, and read the bill of rights as reported by the committee-when the chairman being called on for an explanation of the views of the committee,

MR. SHARPE stated, that the committee had taken up the bills of rights of other states, of the United States, and of our own state, and compressed the whole into the nine articles read-but other gentlemen may think other provisions important and can add them. A bill of rights setting forth the fundamental provisions of our government, has always been held sacred, and I have seen, as other gentlemen familiar with legislation must have seen, the utility of this bill of rights, which serves as a standard, easily referred to on all constitutional questions: one calculated to restrain useless and improvident legislation.

CHIEF JUSTICE SPENCER thought much of the bill of rights redundant-perhaps, indeed, where rights are so well understood as in this country, it is useless to have any bill setting them forth-yet upon the whole it was deemed proper to keep before the eyes of the legislature a brief and paramount declaration of rights beyond which they cannot go. There was one part of this bill of rights which he thought, however, quite useless, that restraining from cruel and unnecessary punishments-now no punishment can be inflicted but by law--and if the legislature pass laws inflicting punishment, the punishment whatever it be, will not be considered by them as cruel. There are provisions in other constitutions and bills of rights withholding all power not granted; and negating the right of passing certain laws. Such as for example, that no law shall be passed making any thing but gold and silver a tender, and others---but we have thought it unnecessary to add these provisions---gentlemen thinking differently can propose their amendments.

The question was then taken on the first clause, and carried unanimously. The second clause was then read, and

CHIEF JUSTICE SPENCER explained the motives which had induced the committee to except, from the necessity of presentment by the grand jury, certain cases, and principally that of petit larceny, which requires speedy punishment, and which it would be too vexatious, and productive of too much delay, to subject to the form of indictments by a grand jury.

MR. RADCLIFE wished the question taken on the first paragraph of the first clause, terminating at the words grand jury.

GEN. ROOT wished information on the extent of the term of "breach of the peace." He had known persons put to trial against their will, without jury, clearly against the constitution of this state, and of the United Statespersons who cannot, or will not give bail, are subject to this summary proceeding, which has been winked at because it is summary. But breaches of the peace may be very extensive-the sending of a challenge is a breach of the peace. Now is it intended to be provided, that three justices may take up and try a man for sending or accepting a challenge-there are other breaches of the peace of a high nature-a riot, for the commission of high treason or a felony, when the crime is not perpetrated, is still a breach of the peace, but ought surely to be tried on the presentment of a grand jury.

MR. BUEL moved to strike out the words "cases of petit larceny and breaches of the peace." We are taking away the benefit of jury to an extent unknown in other parts of the United States; and the mode of trial which is substituted for it, is not productive of good; it wants solemnity. A person accused of petit larceny, is subjected to a summary trial and conviction before three justices-without the power of appealing; a traveller, at a distance from his friends, may be accused, tried, and punished, without the power of giving bail, or appealing against his sentence. À conviction for petit larceny not only is punished, as a specific offence, but renders the person subjected to it infamous, and incapable of future credibility as a witness, and this without the interven tion of a jury.

THE CHIEF JUSTICE stated, the chief object of the committee in reporting these provisions was, to remove the doubt which had been heretofore expressed, of the constitutionality of this mode of proceeding. There are inconveniences which the gentleman last up has stated in these provisions; but we do not find upon the whole, that the practice they are meant to sanction, has been abused, and there would be great inconveniences and expense attendant on any other course. As to the breaches of the peace, of the nature spoken of by the gentleman from Delaware, the greater offence merges the lesser one; and after all, it is left to the legislature, to decide what are considered exceptions within the meaning of the clause. Mr. Spencer dilated upon the delay and expenses attendant on any other course.

MR. RADCLIFF stated, that no provision, with respect to petit larceny, was intended to be introduced into our constitution. It existed before the actual constitution was formed under the old colonial government. As to the cases of assault and battery, it may, perhaps be advantageously added, "provided they. be unaccompanied by any other offence in intent." A sending of a challenge is not a breach of the peace. The legislature is left to determine what these offences are, and this seems the best course. I hope the motion to strike out will not prevail.

MR. SHARPE. More time was spent by the committee on the proposition now wished to be expunged, than on any other. It was doubted whether this suminary mode of punishment was constitutional, but the increase of slight offences was so great as to render it highly expedient. In the city of New-York, such a summary mode is indispensable. Sir, look at the numerous offences which crowd our courts; jurors and witnesses are now kept monthly from their business, in order to convict a man for stealing a pair of shoes, and taken with the shoes in his hands. Sir, if this system continue, petty offences will go unpunished; reputable citizens will not lose their time to prosecute them. The provisions inserted were merely to provide against this evil.

CHANCELLOR KENT wished to know what was meant by the third article ; was the guarantee of a trial by jury there referred to, to extend to the exceptions of the second clause ?

MR. DODGE wished, in seconding the motion of the gentleman from Rensselaer, to call the attention of the committee to that part of the constitution of the United States which requires, that no person shall be convicted of any infamous crime, except on the presentment of a grand jury. Besides, it is now proposed to disfranchise those who may have been convicted of infamous crimes. The abuses of our present law are shocking. And those who have seen its operation will pause before they sanction the clause now proposed, The justices too often have interest or prejudices against the accused. Besides, criminals are often convicted more than twice of petit larceny. If these convictions had been before the Supreme Court, the second offence would be punished by sentence to the state prison: now they are only slightly punished, however frequently they may have been tried. The proceedings, moreover, of a bar-room court of justice, want solemnity. The promiscuous crowd of criminals, jurors, and witnesses, and the want of dignity of all the proceedings, render them of little avail, and make no lasting impressions.

THE CHIEF JUSTICE explained, that he considered the language of the third section as controlled by the exceptions of the second.

COL. YOUNG hoped the motion to strike out would not prevail. He thought the provision of the constitution of the United States, requiring the interposition of a grand jury, would apply only to offences against the United States; and that it should not be construed to interfere with the details of the state government. Why, sir, what would result from striking out this clause? every vagabond who roains through the state, perhaps a deserter from Canada, and commits a trifling offence, must be taken up; the county must support him, sometimes three months, before a grand jury meets, at the cost of fifty or sixty dollars to the county, when the article stolen may not be worth half a dollar. This is punishing the innocent for the guilty and making the county pay for the crimes of a vagabond. If he can give bail, he is now entitled to liberation or presentment by a grand jury; but if he cannot, or will not give bail, must the