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tor, Ten Eyck, Townsend, Tuttle, Van Home, E. Wehster, Wheeler, N. Williams, Woods, Wooster, Young—48.
The question then recurred to the tenth section of that part of the report which relates to military appointments, when the tenth, eleventh and twelfth sections were passed without amendment.
Ge.n. Root moved to add to the fifth section the following clanse, which was carried:
"Brigade inspectors and chiefs of the stuff departments, except the adjutant general and commissary general."
Mr. Van Buren moved to add to the eighth section the following words :■ "who shall hold their respective offices till a due election shall he made." Carried.
The whole of that part of the appointing power which relates to military appointments, was therenpou passed as follows:
That appointments and selections for offices in the militia, ought to he directed hy the constitution, to he made in the manner following:
I. Captains, suhalterns, and non-commissioned officers, hy the written Votes of the memhers of their respective companies.
It. Field officers of regiments, and separate hattalions, hy the written votes of the commissioned officers of the respective regiments and separate hattalions.
IH. Brigadier generals, hy the field officers of their respective hrigades.
IV. Major generals, hrigadier generals, and commanding officers of regiments or separate hattalions, to appoint the staff officers of their respective divisions, hrigades, regiments, or separate hattalions.
V. The governor to nominate, and hy and with consent of the senate, to appoint all major generals, hrigade inspectors, and chiefs of the staff departments, except the adjutant general and commissary general.
VI. The adjutant general shall he appointed hy the governor.
VH. That it shall he the duty of the legislature to direct, hy law, the time and manner of electing militia officers, and of certifying the officers elected to the governor.
VIH. That in case the electors of captains, suhalterns, or field officers of hri
Eades, regiments, or hattalions, shall neglect or refuse to make such election, after eing notified according to law, the governor shall appoint suitahle persons to fill the vacancies thus occasioned, who shall hold their respective offices till a due election shall he made.
IX. That all the commissioned officers of militia shall he commissioned hy the governor,
X. Thai no officer, duly commissioned to command in the militia, shall he re. moved from his office, hut hy the senate, on the recommendation of the governor, stating the grounds on which such removal is recommended, or hy the decision of a court martial pursuant to law.
XI. That the comn.nsions of the present officers of the militia he no otherwise affected hy these amendments, than to suhject those holding them to removal in the manner ahove provided.
XH. That in case the mode of election and appointment of militia officers now directed, shall not, after a full and fair experiment, he found conducive to the improvement of the militia, it shall he lawful for tlie legislature to aholish the same, and to provide hy law for their appointment and removal, provided two-thirds of the memhers present in each house shall concur therein.
The first section of that part of the report which relates to the appointment of civil officers, was then read.
Mr. Rauclifv moved to insert "secretary of state," and " attorney general," hefore the word "comptroller," so as to give the appointment of thesa officers to the legislature.
The motion was supported hy Messrs. Radeliffand Root, upon the ground that these were important offices, the duties of which were connected with th» legislature; and opposed hy Mr. Van Dares.
Chief Justice Spencer made a few remarks against the amendment, when the question was first taken on inserting the necrclary of alate, and carried.
On inserting the attorney general, Messrs. N. Williams and Spencer opposed the motion, and Mr. Hoot supported it. Carried.
Mr. Fairlte moved to strike out the word " treasurer," and leave the appointment of that officer as it was in the old constitution.
The amendment was supported hy the mover, and opposed hy Messrs. J. R. Van Rensselaer and Spencer, when the motion was put and lost, and the section passed without further amendment.
Mr. Russell offered the following suhstitute to the second section, down as far as the word " peace," in the fifth line:
1st. That there shall he an executive council for the state, consisting of the governor and eight councillors, who shall he constituted in the manner following, viz.
2d. That there shall he elected in each of the eight senatorial districts hy the electors thereof, as often as a governor is elected, one person tor a councillor, and the eight persons so elected, shall form an executive council with the governor, who shall have the power to appoint all officers in the state not otherwise directed.
3d. That the said council shall meet on the day of in every year, at the Seat of government.
4th. That the governor shall he ex officio president of the said council, and shall have an exclusive right to nominate all state officers, hut shall have hut a casting vote in the council.
5th. That each councillor shall have the exclusive right to nominate all officers whose powers are to he exereised within the district for which he shall have heen elected.
6th. That the secretary of state for the time heing, shall he the secretary of the council, and record the doings of the same i and all the nominations and proceedings thereof shall he open and he puhlislied.
7th. That the said councillors shall hold no office under the government of the United States, which would prevent their holding a seat in the legislature of this «tate, or he eligihle to an office hy the said council during the time for which they shall he elected; and that they shall receive, as a compensation for their services, the same sum for wages and travel as may he allowed hy law to memhers of the legislature.
8'h. That the governor may convene the council Whenever he may think the puhlic good may require it, except when the legislature are in session.
The question on the suhstitute was taken hy ayes am? noes, and-decided in tho negative,as follows:
NOES.—Messrs. Bacon, Baker, Barlow, Beckwith, Birdseye, Briggs, Brooks, Buel, Case, D. Clark. R. Clarke, Collins, Dodge, Duhois, Dyckman, Fairlie, Fish, Frost, Hallock, Hees, Humphrey, Hunter, Hurd. Jay, Jones, Kent, Kins;, Lawrence, M'Call, Millikin, Moore, Munro, Nelson. Park, Panlding, Porter, Price, Radeliff, Reeve, Rhinelatider, Rockwell, Rogers, Root, Roschrugh, Sage, Sanders, N. Sanford, Seaman, Seely, Sharpe, I. Smith, R. Smith, Spencer, Stagg, I. Sutherland, Swift, Sylvester, Ten Eyck, Townley, Tripp, Van Buren, Van Fleet, Van Home, Van Ness, J. R. Van Rensselaer, S. Van Renssetaer, Van Vechten, Verhryck, Ward, Wendover, Wheaton, E. Williams, Woods—74.
AYES.—Messrs. Beckwith, Brinkerhoff, Carver, Child, Cramer, Eastwood, Penton, Fervis, Hogehoom, Howe, Hunt, Hunting, Huntington, Knowles, Lansing, Lefferts, A. Livingston, P. R. Livingston, Pike, Piteher, Pumpelly, Richards, Ross, Russell, R. Sandford, Schenck, Starkweather, Steele, Tallmadge, Tayler, Townsend, Tuttle, E. Wehster, Wheeler, N. Williams, Wooster, Young—36.
Mr. Briggs moved to strike out all that part of the section from tho word "except," in the 4th line, to the word " appointed," in the 27th line, and insert m clanse so aa to give the appointment of sheriffs and clerks to i lie governor ana" senate.
The motion was modified hy the consent of Mr. Briggs, and Ilic question on mserting the word " sheriffs" after the word " appoint," in the third line, was taken hy 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, Duhois, Duer, Dyckman, Eastwood, Edwards, Ferris, Fish, Frost, Hallock, Hees, Howe, Hunt, Hunter, Hunting, Huntington, Hurd, Lawrence, A. Livingston, MsCall, Millikin, Moore, Park, Price, Pumnelly, Radeliff, Rhinclander, Richards, Rockwell, Root, Rosehrugh, 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, Verhryck, Ward, E. Wehster, Wendover, Wheeler, E. Williams, Woods, Wooster—67.
AYES—Messrs, Beckwith, Breese,Briggs, Buel, Case, Child, Clyde, Dodge, Fairlie, Fenton, Hogehoom, Humphrey, Jay, Jones, Kent, King, Lansing, Lefferts, P. R. Livingston, Munro, Nelson, Panlding, Pike, Piteher, Porter, Reeve, Rogers, Rose, Ross, Russell, Schenck, Seaman, Starkweather, I Sutherland, Taylor, TenEyi-k, Tripp, Tuttle, Van Buren, Van Horne, S. Van Rensselaer, Van Vechten, Wheaton, N. Willian.s, Young—47.
Mr. Bhiggs then renewed his motion to strikeout from the word sexcept,' to the word ' appointed,' as ahove stated, and to insert the words," hut the justices of the peace, shall he elected hy the people in the several towns in this state."
After some discussion hy Messrs. King, Briggs, Van Bnren, Root, and Buel, the question was taken hy 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, Duhois, Duer, Dyckman, Eastwood, Fairlie, Fenton, Ferris, Frost, Hogehoom^ Howe, Humphrey, Hunt, Hunting, Jay, Kent, Knowles, Lansing, P. R. Livingston, M'Call, Moore, Munro, Nelson, Park, Pike, Price, Putupclly, Radeliff, Reeve, Richards, Rockwell, Rogers, Root, Rose, Rosehrugh. Ross, Russell, Sage, Schenck. I. Smith, Spencer Stagrg Starkweather, Steele, I. Sutherland, Swift, Sylvester Taylor, Townsend, Tuttle- Van Bnren Van Fleet, Van Horne, S. Van Rensselaer, Van Vechton, Verhryck, Ward, Wendover, Wheeleri N. Williams, Young—76.
AYES—Messrs. Bacon, Baker, Brigjrs. D. Clark, Collins, Edwards. Fish, Hallock, Hees Hunter, Huntington, Hurd, Jones, King. Lawrence, Leflerts, A. Livingston, Millikin, fPanlding, Piteher, Porter, Rhinelander, Sandors, N. Sanford, R. Sandford, Seaman, Scoly, R. Smith, Tallmadge, Townley, Tripp, Van Ness, J. R. Van Rensselaer, E. Wehster, 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 hy this Constitution."
Before the question on this amendment was taken, Mr. Birdseye moved to strike out tho 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 hy ayes and noes, and decided in tho negative, as follows:
NOES.—Messrs. Bacon, Brooks, R. Clarke, Duhois, Duer, Edwards, Fiih, Frost, Hallock, Hees, Howe, Hunter, Huntington, Hurd, Jay. Jones, Kent, King. Landing, Lawrence, Leffcrts, A. Livingston, MsCall Millikin, Moore, Munro, Panlding Porter, Price, Radeliff, Rhinclander, Rogers, Rose Rosehrugh, Sage, Sanders, N. Sanford Seely, R. Smith Spencer, Stagg. Swift, Sylvester. Tadlmadge Townley Townsend, Van Fleet, Van Ness, J. R. Van Rensselaer, S. Van Rensselaer. Van Vechten Verhrycki Ward, E. Wehster, 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, Hogehoom. Humphrey, Hunt, Hunt.
ing, Knowles- P. R. Livingston, Nelson, Park, Pike, Piteher, Pumpelly, Reeve, , Richards, Rockwell. Root, Ross, Russell, R. Sandlhrd, Schenck, Seaman, I. Smith, Starkweather, Steele, I. Sutherland, Taylor Tripp, Tuttle, Van isureo, Van Home, 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 hoards of supervisors in every county in this state shall, at such limes as the legislature shall direct, meet together, and they or a majority of them so assemhled, may nominate a list of persons, equal in numher to the justices of the peace to he appointed in tho 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 numher. And that it shall he the duty of the said hoards 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 compavison the said hoards of supervisors and courts of common pleas shall he found to agree, in all or in part, they shall file a certificate of such nomination'i in which such agreement is found, in the office of the clerk of the county j and the person or persons so found on hoth lists shall he justices of the peace. And in case of disagreement, in whole or in part, it shall he the further duly of the said hoards 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 he to select from the said lists and appoint as many justices of the peace as shall he required to fill the vacancies.s'
The question on striking out and inserting, was takon hy ayes and noes, and decided in the affirmative, 60 to 55, as follows:
AYES.—Messrs. Baker, Barlow, Bcckwith, Birdseye, Breese, Brinkerhoff, Buel, Burroughs, Carpenter, Carver, Case, Child, R. Clarke, Clyde, Cramer, Dodge, Dyckman, Eastwood, Fairlie, Fenton, Ferris, Howe, Humphrey, Hunti Hunting, Knowles, Lansing, P. R. Livingston, Munro, Nelson, Park, Pike, Piteher, Price, Puiupelly, Reevu, Richards, Rockwell, Rogers, Root, Ross Russell, Schenck. Seaman, Sheldon, Starkweather, Steele, 1. Sutherland, Swift, Taylor. Townsend, Tripp, Tuttle, Van Buron, Van Home, Wheeler, N. Williams, Woods, Wooster, Young.—6O.
NOES.—Messrs. Bacon, Briggs, Brooks, D. Clark, Collins, Duhois, Duer, Edwards, Fish, Frost, 1 hillock, Hces, Hogehoom, Hunter, Huntington, Hurd, Jay, Jones, Kent, King, Lawrence, Letferts, A.-Livingston, M'Call, Millikin, Moore, Panlding, Pot ter, Radeliff, Rhinelander, Rose, Rosehrugh, 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, Verhryck, Ward, E. Wehster, Wondover, Wheaton, E. Williams, Wood, ward.—55.
THE JUDICIAL DEPARTMENT.
Mr. Carpenter offered the following proposition on the judicial department, which was ordered to he printed:
I. The supreme court shall co-sist of a chief justice and two justices.
H. The state shall he divided, hy law, into a convenient numher of districts, not less than four, nor exceeding eight, suhject to alteration hy the legislature, from time to time, as the puhlic good may require; for each of which a district judgsi shall he appointed in the same manner, and hold his office hy the same tenure as the justices of the supreme court j who shall possess the powers of a justice of the supreme court at chamhers, and at the trial of issues joined in the supreme court, and preside in courts of oyer and terminer and general gnol delivery; and such equity powers may he vested in the said district judges, or in the courts of com. jnon pleas, or ie such other suhordinate courts as the legislature may hy law di. rect, suhject to the appellate jurisdiction of the chancellor,
On, motion of Mr. Podge, the Convention then adjourned.
FRIDAY, JWVEJUBER -2, 1821. The Convention assemhled as usual, and the minutes of yesterday were read tnd 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 he the suhject for consideration, when the question ivas taken upon the residue of the same and passed without further amendment.
Ma. Dodge moved to reconsider the second section, and insert "district attornies," in the third line, after the word " appoint."
As Mr. D. was not present when this section was under dehate in the committee of the whole, he wished to make a few remarks. It had heen universally admitted in this house, and it was a truth which admitted not of contradiction, that the legislative, judicial, and appointing powers, should he 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 he returned to the legislature. Thus all these offices will he united. The inevitahle 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 heen, and prohahly will he again, cases where it hecomes 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 he 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 he. 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. Lansmg moved to insert after the word "state," the words "except the city of New-York," with tl.; view of referring the appointment of the mayor of that city to the general appointing power.
Some discussion took place hetween 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 clanse, giving the appointment of mayors of all the cities to the governor and senate.
The question was taken hy ayes and noes, and decided in the negative as f ollows:
NOES—Messrs. Bacon, Baker, Barlow, Briggs, Brinkerhoff, Brooks, Carpenter, Child, I). Clark, R. Clarke, Collins, Cramer, Duhois, Dyckinan, Edwards, Ferris, Fish, Frost, Hallock, Hees, Howe, Hunt, Hunter. Huntington, Jones, Kent, King. Lawrence, Lefferts, P. R. Livingston, M'Call, Millikin, Moore, Panlding, Porter, Price, Pumpelly, Radeliff, Reeve, Rhinelander, Richards, Rogers, Root, Rose, Roschrugh, Sage, Sanders, N. Sanford, R. Sandford. Seaman, Seely, Sharpe, R Smith, Spencer, Stagg, Starkweather, Steele. I. Sutherland, Swift, Sylvester, Ten Eyck, Townley, Tripp, Tnttle, Van Bnren, Van Fleet, Van INsess, J. R. Van Rensselaer, Verhryck, Ward, Wendover, Wheaton, E. Williams, Woods, Woodward, Wooster—76.
AYES—Messrs. Bcckwith, Birdscye, Breeso, Bucl, Burroughs, Carver, Case, Clyde. Dodge, Eastwood, Fairlie, Fenton, Hogehoom, Humphrey, Hunting, Jay, Knowles, Lansing, A. Livingston, Munro, Park, Pike, Piteher, Rockwell, Ross, Russell, Schenck, Sheldon, Tallmadge, Taylor. Townsend, Van Home, Van Vechten. E. Wehster, Whfcler. N. Williams, Young—37.