VIII. That the harbour masters of said city, and the commissioner of excise therein, or such other excise officer or officers, as may be created in said city, shall be appointed by the corporation thereof, and hold their offices during their pleasure.

IX. That the wardens and pilots of the port of New-York, and clerks of the said wardens, shall be appointed within the said city, in such manner as the legis. lature may from time to time direct.

MR. WHEATON said, that having had the honour to be a member of the select committee, to whom this subject was referred, he would state, for the information of the house, that it was the intention of the committee to place the office of coroner on the same footing with that of sheriff. It was an office of a similar character; and being known to the common law, and recognized in the constitution of this state, it became necessary to provide for the appointment. The Convention had determined, contrary to his opinion, that the sheriffs should be elected by the people. This might, or might not, be reversed, when the report of the committee of the whole was acted on in the house. But in the mean time it was thought expedient to put the coroner's office on the same ground with that of sheriff: since both were originally chosen by popular election, and the coroner was to this day chosen in England by the freeholders of the county.

GEN. TALLMADGE offered the following proposition:

"That justices of the peace shall be (except in the city and county of New York,) ex officio coroners, and perform the duties of that office."

The proposition was discussed by the mover and Mr. Young, when the ques, tion on the amendment was taken and lost.

After a few remarks from Mr. Fairlie on the clause as reported,
JUDGE VAN NESS offered the following proposition:

"That coroners shall be elected in the same manner as justices of the peace." Lost.

MR. NELSON offered a proposition, making the supervisors coroners ex offi cio, which, after some discussion, was withdrawn.

MR. I. SUTHERLAND then offered the following substitute:

"That one coroner may be elected in each town, at the annual town election, to hold his office for the term of one year."

MR. YATES moved to amend the proposition by inserting the words "or ward" after the word" town." Carried.

MR. MUNRO made a few remarks in favour of the amendment.

GEN. ROOT could perceive no necessity of having a coroner in every town. Too many of these officers had heretofore been appointed. They were so numerous, and so greedy of a fee, that a person could not die in peace in the city of New-York, without being disturbed by coroners, especially until the fees had been reduced. There had been too many of them, and the office had been inade use of as a sort of small change, to pay up petty political debts. In Delaware they were as thick as locusts; and the office had been treated with contempt from being made too common. He hoped that hereafter there would not be more than two or three to a county, to be appointed on the same ticket with the sheriff.

MR Ross was in favour of uniting the offices of coroner and commissioner, and with that view, offered the following proposition :

"Who shall be ex officio a commissioner to take acknowledgments, and who, before he enters upon the duties of his office, shall be required to take and subscribe the oath of office before the clerk of the county.

COL. YOUNG remarked that in large cities a greater number of coroners was necessary than in the country. In the city of New-York the office might be

come as lucrative as that of clerk of the county. He moved the following amendment to Mr. Sutherland's proposition-" except in the city and county of New-York."

MR. DODGE thought the office of coroner was more important than had been considered; and if the number, should be diminished from fifteen or twenty, to four or five in each county, it would then be elevated from its degraded situation. The rage had been so great for office, that any thing by that name was eagerly grasped; and many men had been appointed to that office totally unfit for it, not being able to read or write. But when we consider these officers as conservators of the peace, and as acting at many times as the sheriffs of the county, having executions in their hands for collection to a very large amount, and even against the sheriff himself; we cannot consider the office altogether unimportant, Let there be but four or five in each county, (except the large cities,) and you will then induce men of respectability to accept the office.

The gentleman from Genesee (Mr. Ross) had proposed giving to the coroner the office of commissioner, which was, in itself, a very important office, as on a faithful discharge of the duties of that office, depended the title of vast quantities of real estate. Mr. D. was totally opposed to this proposition, and considered the original report as far superior to it: if the number should be reduced, the office would become respectable.

A few remarks were made by MR. I. SUTHERLAND, when the question on Mr. Young's amendment was taken and lost.

The question was then taken on the proposition of Mr. Sutherland, which was rejected.

COL. YOUNG moved to strike out the word, "elected," and insert "appointed." Carried.

MR. E. WILLIAMS remarked, that the effect of this motion would be to make sheriffs appointable instead of elective.

MR. SHARPE wished to meet this question at once. He was prepared to vote. We had determined to make the office of sheriff elective: the intelli, gence had gone forth through the state, without giving dissatisfaction, and he regretted to see an attempt made to reverse our proceedings.

MR. WARD moved to insert after the word, "direct," the words, "not ex ceeding four." Carried.

MR. TOMPKINS moved to amend the clause, so as to read, "elected or appointed," which was carried, and the clause passed without further amends

ment.

The second section was read.

MR. WHEATON moved the following amendment :

"To strike out in the first and second lines the words, "register and assistant register of the court," so as to leave the appointment of these officers to the chan cellor, where it was now vested by the present constitution.”

CHIEF JUSTICE SPENCER was opposed to the amendment. He thought any provision on this subject wholly unnecessary.

MR. RADCLIFF, from the committee, explained the reasons upon which this clause of the report was grounded.

MR. VAN BUREN thought we were on this subject altering the constitution for the worse. He was in favour of striking out "register," in the second clause, and of omitting the third section altogether.

MR. BUEL made some remarks on the appointment of examiners in chancery; and

MR. N. WILLIAMS explained his reasons for dissenting from the clause under discussion.

CHANCELLOR KENT felt an anxiety, that the examiners in chancery should not be appointed by the chancellor. They were intimately connected with the office of chancellor, and acted as deputies to him, and their appointment was an undesirable burthen to be placed upon the chancellor. With respect to the offices of register and assistant register, they were of less importance, being merely clerks of that court.

MR. CRAMER moved to strike out "register," and insert "examiners in chancery," in the second section.

MR. MUNRO moved to insert before the word, "that," in the first line, the following words:

"That the legislature may direct the appointment of an accomptant to the court of chancery in the city of New-York, and another in the city of Albany, who shall have the charge of all monies deposited in the court of chancery, and shall be appointed by the governor with the consent of the senate, and shall be required to give competent security for the faithful execution of his office."

MR. BRIGGS was willing the court should have the appointment of these officers, if it would assume the responsibility.

MR. RADCLIFF expatiated upon the importance of these offices, when the question on Mr. Cramer's amendment was taken, and carried in the affirmative.

At the suggestion of Mr. Sutherland, Mr. Munro withdrew his amendment. MR. E. WILLIAMS moved sundry amendments, so as to make the remainder of the section conform to the first clause, which were adopted.

MR. WHEATON moved to add the following words at the end of the clause:

"The number of masters in chancery shall not exceed four for the city and county of New-York, two for the city and county of Albany, and one for each of the other cities and counties in this state; but whenever the chancellor shall certify to the legislature that the business of the court requires an increase of their number specifying particularly where required, the legislature may authorize by law an additional number."

This amendment, after some conversation between the mover and Messrs. Tallmadge and Van Buren, was negatived.

The third section of the report was stricken out, and the fourth passed without amendment.

The fifth section was read.

Some remarks were made by Messrs. Radcliff, Munro, Sharpe, Buel, and others, when the question on the fifth section was taken and lost.

MR. MUNRO offered the following proposition:

"That the office of clerk of the sittings and circuit courts in the city of NewYork, be executed by the clerk of the supreme court in that city." Lost.

MR. JAY offered the following substitute for the fifth section:

"That such clerks and other officers of courts, whose appointment is not herein provided for, shall be appointed by the several courts, or by the governor, with the consent of the senate, as may be directed by the legislature." Adopted.

Sixth section read.

MR. WHEELER moved to amend by striking out the word "corporation," and inserting "senate, on the recommendation of the governor." He spoke for sometime in favour of the amendment, and against swelling the already enormous power of the corporation, by giving to it the appointment of these officers.

MR. RADCLIFF contended that the patronage of the corporation was by no means so great as had been represented. All he required was equality of rights between the city and country.

COL. YOUNG thought there should be a distinction between officers, whose jurisdiction was extensive, such as health officers, &c. and those of a local chaHe would confine the power of the corporation to the appointment of those of the latter description.

racter.

MR. RADCLIFF further explained, when

MR. WHEELER withdrew his amendment.

COL. YOUNG moved to strike out the words, "justices of the marine court.”

MR. JAY supported the motion, when the question thereon was put and carried.

GEN. TALLMADGE moved to strike out the words, "or such other justices in their stead; or such justices of courts, inferior to the courts of common pleas and general sessions of the peace in said city, as may from time to time be created or established by the legislature. Carried.

The sixth section then passed as amended.

The seventh section was then read.

MR. TOMPKINS opposed it on the grounds that he presented, when the question was before the committee on a former day. The board of health, he said, were a corporation, and might be so increased, that the health officer, the health commissioner, and the resident physician, who were ex-officio members of it, would have no effectual influence in that body. He thought this power was enough for the city of New-York. He referred to the statute, and observed that it shewed conclusively that the state ought not to part with the power of appointing their own trustees.

MR. EDWARDS. The object which the legislature had in view in creating the health department in the city of New-York, was the preservation of its health. From its local situation, it is peculiarly exposed to the introduction of pestilence from abroad, and it is well known that it has been often scourged and almost desolated by its ravages. Where, then, sir, can the power of appointing the health officer of that city be most discreetly lodged to answer the ends for which they were created-in the hands of the fathers of that city, or of an appointing power one hundred and fifty miles off? I confess, sir, I am at a loss to know how to make this subject more plain than it must appear from a simple statement of facts. As well, sir, might the head of a family be required to submit to his neighbour the appointment of his family physician.

It is objected by the honourable gentleman from Richmond, (Mr. Tompkins,) that the health officer ought not to be appointed in that city, because he is called upon to decide between foreigners and the city, and can subject vessels to quarantine. This, sir, is a most fallacious argument. Is not that city supported principally by commerce, and does not the interest of its inhabitants require that the approach to it should be as unrestricted as is compatible with their safety? There is, sir, no need of an arbitrator.

Mr. Edwards then proceeded to give an account of the origin and progress of the marine hospital, which is the property of this state, and the purposes for which it was created. He disclaimed all wish to subject it to the control of the city, and argued that the vesting of the offices of the health department in the city did not necessarily do it, because the legislature could at pleasure regulate their powers.

The vesting of the appointment of this officer in the city, is not urged for any emolument which it will be to it. Not a cent of the fees of the office will go into the city treasury. The fees are considerable-but it is a perilous station. Of the six physicians who have held it prior to the present incumbent, five have fallen victims to pestilence introduced from abroad. Our motive is, to secure for ever a skilful and vigilant officer; one who will answer the purpose for which the office is created. In whatever light this proposition may be now held, yet if the time should come when, owing to the ignorance or inattention of a health officer, whom you refused to vest that city with the appointment of pestilence should ravage it, it will be then matter of serious regret that you withheld from them the power of guarding themselves.

COL. YOUNG hoped that the section would not pass. If gentlemen would take the trouble to read the acts which had been passed by our legislature, on this subject, they would find that the corporation of the city of New-York possessed power enough, in the management of their business. The legislature had gone on from time to time to give power, till it had become enormous. The health officers were completely under the control of the mayor and aldermen of the city; notwithstanding any decision that may be made by them, the corporation have the power of confirming or rejecting it. The property at the quarantine ground was paid for by the state; and the state had at different times contributed to the support of that establishment, when a decline of commerce

had rendered it incompetent to support itself. The corporation of that city have the power of imposing a tax, on vessels from all nations on earth; and when a vessel is compelled to lie by, and overhaul her cargo, they are to be told that it is by the authority of the city of New-York, without their even knowing that there is a state of New-York.

He was not willing that that city should possess this unlimited control over the vessels of all nations, as long as the expense had been borne by the state, and the property still remained the state's. The act to which he had referred was sufficiently broad on this subject; and when it passed the senate at the last session, there was not a word said by the gentleman who represented that city in the senate, that it ought to be broader. He should therefore oppose the clause.

The subject was further discussed by Messrs. Radcliff, Van Buren, Briggs, Fairlie, Ross, and N. Sanford, when the whole of the seventh section was stricken out.

The 8th and 9th sections, after being discussed by Messrs. Young, Sharpe and Van Buren, were also rejected, and the appointment of the offices contemplated by the three last sections, was left to the disposal of the legislature.

The next question in order was stated to be the seventh section of the original report.

On motion, the words " and who are not included in the resolution relative to the city of New-York," were stricken out, and the section as amended was carried.

MR. JAY offered a proposition authorizing the appointment of a select and com❤ mon council in the city of New-York, which, after some remarks by the mover, and Messrs. Fairlie, Sharpe, N. Sanford, and Spencer, was withdrawn.

MR. JAY made a further proposition to provide for the appointment and tennure of office of the justices of the marine court, which was opposed by Mr. Edwards, and lost.

MR. DUER moved to reconsider the second section of the report of Mr. Radcliff, for the purpose of striking out the word governor, to insert the word chancellor, in order that the office of master in chancery might not be exposed to the fluctuations of party. Motion to re-consider refused.

The committee then rose and reported progress, without asking leave to sit again.

In Convention, the President named the following gentlemen to compose the committee of seven, to whom was assigned the arrangement of the amendments adopted by this Convention, viz: Messrs. Yates, King, Kent, Root, Van Buren, Lawrence, and I. Sutherland.

MR. FAIRLIE asked leave to present an ordinance, providing for submitting the amendments to the constitution, agreed to by the Convention, which was read, and on motion of Mr. Edwards, referred to the above named committee of

seven.

MR. E. WILLIAMS moved that when this Convention adjourn, it adjourn to Monday next. His reasons were, that the unfinished business had been referred to select committees.

The motion was supported by the mover, and Messrs. Van Buren and Burroughs, and opposed by Messrs. Bacon, Sharpe, Briggs, Dodge, and Eastwood, when on motion of Mr. Root, the Convention adjourned to 9 o'clock tomorrow morning.

SATURDAY, OCTOBER 27, 1821. The Convention assembled as usual. Prayer by the Rev. Dr. CUMMING. The minutes of yesterday were then read and approved.

The committee of the whole having reported to the Convention the results of their deliberations upon all the subjects that had been committed to them in the reports of the several select committees, the said reports were declared to be the matters next in order for the consideration of the Convention.