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NEW-YOR, WEDNESDAY,::.


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[Reported fr Ithe American.]
IN CONVENTION',
THURSDAY, NOVEMBER 1.
The Convention assembled and the minutes
of yesterday were read and approved.
The question before, the convention was
stated to be on the motion of Mr. Tallmadge
to strike out the word "senate" iu the J0th
section of the report on the appointing power
-relating to the military appointments.
Mr. YOUNG called for the reading of a pro-
position, which was yesterday submitted for
'consideration by Mr. Tallmadge, containing
his plan ofa new council of appointment, which
was read by tihe secretary, as follows :
That the eight senators composing the 4th
class, shall constitute and be an executive
council.
That the governor shall nominate, by mes-
sage in writing, and by and with the consent of
the said council, shall appoint all officers, of
this state, whose appointments are not herein
otherwise provided for; and which shall be
established by law.
But the legislature may by law, from time
to time, provide for tihe election by the people,
or other mode of appointment of all city and
county officers. Provided such law or. altera-
tion shall not'take effect until two years after
the same shall be enacted."
Mr. YOUNG occupied the. floor s:1iout 1Ialf
an hour in support of this proposition. It ap-
peared to him to propose a plan for making ap-
pointments to office, as perfect as human wis-
dom could demise. He passed in review all
thtit the convention had done on the subject of
the appointing power, and pointed out the de-
fects of'every plan, which had hitherto been
submitted. It was questionable whether we
had fixed upon the best mode for tie appoint-
mnent of justices, and whether they might not
more judiciously be appointed by the council
zaow proposed.
Mr. KING wished this subject might be
postponed for the present. If the amendment
of :.lc] -. n'l ii ,io from Dutchess should prevail,
the proposition for a new council of appoint-
mnent could not be here inserted.
After some remarks from Messrs. Spencer,
Young, Tallmadge and Van Vechten, on mo-
tion of Mr. King, the 10th section of that part
of the report relating to military appointments
was postponed, with a view of taking up the
2d section of that part of the report, which re-
.J .,..'.. appI laainct of civil oFicers. The
-effect of this motion was to try the sense of the
house on Mr. Tallinadge's proposition for a new
,council of appointment. The section having
been read,
Mr. RADCLIFF rose in opposition to this
- plan of a new council. He regrett(h t...t a
proposition of so much imnportance had :u-i- .-
-ferred to near the close of our session,, n;.id ultil
the appointing power had been settled oy the
convention. We had spent day after day one
this subject, and after so much discussion, and
such mature deliberation, a new project is now
brought forward, entirely different from any
thing that has been offered, which will annul
all our proceedings on this subject, and compel
us to travel back over the whole ground, which
we have once passed. If on the eve of ad-
jonrnment, the convention were to be thus de-
layed by new projects, there would be no end
to their labours. He then examined the pro-
visions of this proposition, and replied to the
arguments, which had been advanced in its fa.
vour. Thpiplan might appear well on paper ;
-o did the old council of appointment, and he
couteuded that it iaes essentially tie same as
that, previous to the amendment of 1-801. It
: was wholly visionary to suppose that this plan
would dissolve the connexion between the le-
. gislature and the appointing power. Of whom
was this executive council to be composed ? Of
-thie governor and eight senators. Was this re-
lieving the senate from the exercise of the ap-
pointing power? Would the burden be lightened
by being taken from the shoulders of 32 senators
and cast upon the shoulders of eight? Disguise it
as gentlemen would by new names, this was the
old council of appointment revived, for the aboli-
tion of which we had given an unanimous vote.
The scenes-of intrigue, and corruption, and fac-
t tion which had so long disgraced the state, and of
which the council of appointment had been the
great source, were to be renewed and pepetuat-
ed. IHe had hoped, and he still hoped, we should
for ever put an end to a state of things which had
disgraced us in the eyes of the Union. The
fears of gentlemen that the exercise of the ap-
pointing power would break down the senate
were wholly-idral. It wag nat so with regard-
to the senate of tihe United Sates, which had
siot been broke down, nor experienced any in-
convenience from the exercise of the appoint-
ing power. If this plan was adopted, and a hew
council established, it would next be proposed
a hat the appointment of sheriffs, clerks, coro-
Ciers, justices, in one word, all the officers of
inhe state should be referred to it, acd the coun-
ties be stripped of the privilege of selecting
their own officers.
Mr. KING. This subject has been mature-
iy considered and well understood. It was at
a time, too, when the convention were fresh
in their labours: wsas it expedient, then, at this
date period, at thie lecet of the session, to disturb
this settlement, by raising a question which,
-should it prevail, may unsettle every subject on
vhnich they had passed?
ThIe ihotion of tihe mover may be correct,
but the policy of the motion must be strongly
doubted. There appeared, however, so much
good will towards the proposition, that he asked
.o be indulged in a few remarks concerning it.
On all hands it is admitted that, in the power
of appointment, vested in the governor and se-
na ate, the former possesses the whole power
-of selection and noainstation; and the latter
merely thira of giving or refusing their consent
to such nomination.
The governor alone caa nominate to the
senae'ie, without whose consent he cannot ap-
point. It is wisely determined that no council
eyr:soqrd is united with the governor ia ma-


king his nominations, a dn.] iih :r Vhi:- : n:,i.; ,.:.r
any body has authority, t .1 .Jr- 1- r1i ti, -..-
..l :..i ... tI.. tr ust, but he alone is r.:' .- :il ...
.nf [ ,I ,il :,'. ,_" i.,0 n thereof.'
On account of the public welfare, which re-
quires that such men only as are qualified should
be appointed to office, it is made the duty of the
senate to inquire, not whether the person nomi-
nated is better ,1u'1i,.1 ihrn any other for the
office, for the business of selection is confided
to the governor alone, but whether, Ot talents,
-integrity and reputation, he is qualified for the
office to which he is nominated by the gover-
nor. If the senate think he is so qualified,
they will consent to his -appointment; if they
think otherwise, they will refuse their consent.
In the first case, the appointment will be made;
in the second, the governor must make anotlihr
nomination, which will, in like manner, pass
under the consideration of the senate. Thus,
in practice, the governor and senate will be so
far separated, that, on every occasion, each will
act independently of the other. This power
of the senate serves as a check against the
abuse of the right of nomination ; and,' if it be
faithfully exercised, the power is a sufficient
restraint.
Not content with this imitation of the model
of the constitution of the United States, it is
now proposed to take the youngest class of the
senate, consisting of eight persons, or the fourth
of this body, who were last elected, and without
separating them from the senate, to make them
what is called an executive council, to whom, in-
stead of the senate, the governor shall make his
nominations.
What satisfactory reason can be given for
taking a fourth, instead of the whole, of the se-
nate, for this service ? It is intimated that this
section of the senate, being lately elected, will
be well informed of the opinions of the people;
but in inquiring respecting the qualifications of a
person nominated to office, how are the opi-
nions of the people to assist those who are to
make this inquiry ? It is likewise urged that,
according to acknowledged maxims, the legis-
lative and executive departments should not be
mingled together. If the employment of the
whole senate, as a check upon the executive,
be a mingling of departments, will not one-
fourth of that body be also a mingling of de-
partments.? Tlime aSinrwas, howeverrmis--
applied, in this instance: wholly to unite two
departments in one would violate the maxim,
which demands their separation ; but to coan-
bine them partially, especially by using one as
a check on another, was frequent in almost
every free government, and useful in their con--
struction.
This objection would apply, and forcibly too,
to another provision of the proposed amend-
ments, whereby the senate are constituted a
court, which in the last resort is to correct the
errors of the judiciary.
But the power of appointment does not ne-
cessarily belong to any one department, and
though it is often given to the executive, it is
also, especially by the constitutions of other
states, almost wholly vested in the legislature.
An adequate power to check the executive
being required, what body is more fit for the
discharge of this 'duty than the senate? Who
will possess more integrity, more experience
or greater weight of character? Admit that tlhe
assembly possess these pronerlies in an equnl
degree, they arc too numerous a body for the
investigation and impartial decision of the ques-
tions which will arise on, the nominations to
office. Large bodies of men cannot be safely
trusted in the settlement of facts. The senate,
consisting of 32 members, and whose number is
not to be increased, is large enough for all tilhe
purposes for which numbers are. necessary, and
not too large for the proper degree of know-
ledge respecting tire subjects to come before
them in their share of the power of appointment.
If their numbers be much reduced, the senate
would want weight and authority to check and
control the executive power; besides, a small
body is more liable to executive influence, and
more exposed to intrigue and corruption, than
a large one. These were the general senti-
ments of the convention when the subject was
formerly before them.
Would it.not be hazarding too much to weak-
en this check by diminishing its numbers ? The
whole senate were not too many to constitute a
sufficient check on the executive power, and
when the whole were not too many, will one-
fourth thereof prove sufficient?
The experience of the senate of the United
States was of great authority; the deposit of
the like power over appointments in the Presi-
dent and senate has proved not only effica-
cious, but eimiently salutary. Experience in
all things, and in none more than government,
is a safer guide than theory, however plausible
it may appear.
Should tihe powers given to the governor arid
senate in appointments to office be exercised in
the separate and independent manner that has
been-practised between the Pres.dent and se-
nate of the United States, we may confidently
hope that intrigue and management, in what-
ever manner practised in the council of appoint-
ment, will hereafter be without influence in ap-
pointments made by the governor and senate.
Mr. TALLMADGE replied and supported
Ifis proposition in a very able speech, the length
of which necessarily precludes its insertion,
when the question was taken by ayes and uoes,
and decided in the negative, as follows :
NOESB-Me ers Bacont, Baker, Barlow, Birds-
eye, Briggs, Brinkerhoff, Brooks, Buel, D. Clark,
It. Clarke, Clyde, Collins, Dodge, Dubois, Duer,
Dyckman, Edwards, Fairlie, Ferris, Fish, Frost,
Hallock, Hees, Hunter, Huntuigton, Hurd, Jay,
Jones, Kent, King, Lawrence, Lelferts, M'Call,
Millikin, Moore, Park, 'Paulding, Forter, RIa'llift;
Reeve, Rhinelander, IRogers, Rose, Rosebrugr,
Sage, Sanders, N. Sanford, Seaman, Seely, Sharpe,
R. Smith, Spencer, Stagg, I. Sutherland, Syhlves-
ter, Townley, Tripp, Van Buren, Van Fleet, Van
Ness, J. R. Van Hensselaer, S. Van Rensselaer,
Van Vechten, Verbryek, Stard, Wendover,
iheaton, E1. Williams, S oodward-68.
AYES-Messrs. Bttckwith, Breese, Burroughs,
Carpenter, Car, Ca Case, Child, Cremr, East-
wood, Fenton, tIogeboom, tluwe, Humphrey,
Hunt, Hunting, Knowles, Lansing, A. Livingston,
P. II Liviugston, Nelson, Pike, Pitcher, Price,
Pumtpelly, Richards, Rockwell, t, Ross, Bus-
sell, R. Saurferd, Schenck, Sheldoi, 1. Smith,Stark-
weather, Steele, Swift, i. ,- .., Taylor, Ten
Eyck, Townsend, 'tuttle, Van Horne, E.Webster,
Wheeler, N. ".' ......., Woods, Wooster, Young
-48.
The question then recurred to the 10th sec-
tion of hlat part of the reiporti which relates to
military appointments, when the 10th, 1 I th anc
l'thi sections were passed without amendment.
Mr. ioOT mIoved to add t ti-e 5tir section
die follomierg clause, wincmi vs ai carried:
Unigade inspectors and eielfs of the stali
departments, except the ad ulant general and
comrinssa;y general."
Mr. VAN BUKIiN moved to add to the 8t'


section the following words: who shall h1i L Ivingstom, Pike.: ii.'- i. '. ,,p,:l.. R.h H,.i ..
their respective offices till a due election sha.. ... ...1 r HI r.i -l.. i. ..1 ,'.. -.r..
be i ." C 'rrWed. -. ..I....' i D i. .r e f- i L
... '.: oi' ta t partofthe .1 ..- 1 powv- i I :. -;..-* :. W ooster, ..,
er which relates to military appointments, a' i. i _'. moved to strike out all that
thereupon passed as follows: .art of he section from the word exce t,',
MILITIA OFFICERS. u the 4th line, to the word "appointed," in
That appointments and selections for ofiee .,;.i H,,. .nd insert clauses astogivethe
in the militia. ought to be directed by the con- .. i i.. f sheriffs and clerks to the gover-
stitution, to be made in the ..:-i '...il -,,. nor and senate.
I, Captains, subalterns and non-coimmission- The notion was modifiedrby the consent of
ed officers, by the written votes of thL memo- ,ir. Cr._._ and the question on inserting the
'bers of their respective companies. ..ord sheriffsf" after the word" appoint," in the
II. Field officers of regiments, and separate third line, was'taken by ayes arid nees, and
battalions, by the written votes of the commis- decided in the negative, as follows:
sioned officers of the respective regiments and NOES.--Messrs. Bacon, Baker, Barlow, Bird-
separate battalions. eye, Brooks, Carpenter, Carver, D. Clark, IR.
III. Brigadier generals, by the field officers Clark, Collins, Cramer, I)Duboi, Duer, Dyckinain,
of their respective brigades. Eastwood, Edwards, Ferris, Fish, Frost, HiIlahock,
IV. M ajor generals, brigadier generals, and klees, HowE, lii,-.t, li...i iH.i.ii. ii ... ..,
commanding officers of regiments or separate Hurd, Lawrence, A. -.... r ... i '.ii .i.i:, .
battalions, to appoint the staff officers of their Mloore, Park, Price, Pumpelly, Radcliff, Rhine-
respective divisions, brigades, regiments or se- lauder, Richards, Rockwell, REot, Rosebrugh,
parade battalions. Sage, Sanders, N. Sanford, Seely,Sharpe, I. Smith,
V. The governor to nominate, and by and ~. Smitb, i ..... Steele, Swift, Sylves-
with consent of the senate, to appoint all major ter, I ... ... ..*', Townsend, Van Fleet,
S J.:.. 1.,1-; .1, inspectors, and chiefs of tbhe '." .. -, .i . 'i.,,
. i i .:-, ii .-~i except tie adjutautl g nerial 1 .. ,i i... .,, .. i' ,, ,
and commissary general. A', "
VI. The adjutant general shall be appointed AYE S- essrs Beckwith,- Breese, '
by the governorCase, Child, Clyde, Dodge, Fairlie, Fen-
by thre governor. to", iiiIiilrey, Jay, Jones, Kent,
VII. That it shall be the duty of the legisla- t,- I- P. y tay, Jon, J-11Kent,
ture to direct, by law, the time and manner of .- I- .. Pike, Pitcher, Porter, Reeve,
electing militia officers, and of certifying the Rogers, Rose, Ross, Russell, Schenck, Seaman,
officers elected to tie governor. Starkweather, I Sutherland, Taylor, Ten Eyck,
VIII. That in case the electors of captains, Tripp, Tuttle, Vaus Buren, Van Home, S. Van
subalterns, or field officers of brigades, regi- Reisselaer, Van Vecliten, Wheatou, N. Wiliams,
ments, or baltalions, shall neglect or refuse to Youag-47
make such I,.-,..,,. -f.i,. being notified accord- Mr. BRIGGS then renewed his motion to
ing to law, ti,. .:.' r-'-'. shall appoint suitable strike out from the word 'except,' to the word
persons to fill the vacancies thus occasioned, appointed,' as above stated, and to insert- the
who, shall hold their respective offices till a due words, but the justices of the peace shall be
election shall be made. elected by the people in the several towns in
IX. That all the commissioned officers of mi- this state."
litia shall be commissioned by the governor. I After some discussion by Messrs. King,
X. That no officer, duly commissioned to Briggs, Van Buren, Root, and Buel, the question
command in the militia, shall be removed from was taken by ayes and noes, and decided in the
his office, but by the senate, on the recommend- negative, 76 to 39, as follows --
ation of the governor, stating the grounds on NOES.-Messrs. Barlow, Beckwith, Birdseye,
which such removal is recommended, or by the Brinkerhoff, Brooks, Buel, Burrough-, Carpenter,
decision 'of a court martial pursuant to law. Carrer, Case, Child, I. Clarke, Clyde, Cramer,
-TT nha tTie rconiTrmtsslouSs t-r,'- ----'m Hr r,, H- .. -, e-D-ucr,-l )yclnm-ari,-Eastwouddi- r- .
ficers of the militia be no otherwi-,: .iL.i-H...I I., I. ', i ..._ .', Ferris, Fr.-..- l ... .... Howe, Ilumn-
these amendments, than to subject those hold- phrey, Hunt, Hunting, Jay, Kent, Knowles, Lan-
ing them to removal ia the manner above pro- -" P. Liviingst", Ml'Call, Moore, Munro,
vided. .. '.. Park., l't;. ; I rice, Pumpelly, Radcliff,
XII. That in case the mode of election and Reve, Richards, Rockwell, i:.. .. Root, Rose,
appointment of militia officers now directed, Rosebruigh, Ross, Russeil, Sage, Schenck, I.
shall not, after a full and fair experiment, he Snrith, Spencer, found conducive to the improvement of the tltherland, Swili -, Taylor, Townsend,
militia, it shall be lawful for the legislature to TuLtte, Vnar Buren, Van Fleet, Van ilonre, S.
arau Rtensselaer, Van Vechten, Verbryck, Ward,
abolish the same, and to provide by law lor- endo ve, Wheeler, N. Williams, Young-76.
their appointment and removal, provided two- AYES--Messrs. Bacou, Baker, Briggs, D.
thirds of the members present in each house Clark, Collins, Edwards; Fish, Hallock, Hees,
shall concur therein. Hunter, tluntington, Ilurd, Jones, King, Law-
The first section of that part of the report reace, Lelterts, A. Li--i'. -t -.i, idllikim, I ..i.1i..
which relates to the appointment of CIVIL Palcher, Porter, i.1i.. .u._. .. Sanders, '. _..'.-
OFFICERS, was then read. ford, 1t. Sauiford, Seamai, Seely, R. Siuth, Tall-
Mr. RADCLIFF moved to insert secretary madge, Townley, Tripp, Van Ness, J. It. Van
of state," and attorney :.. -in, .,i before the tl.cnsselaer, Webster, Wheaton, E. Wil-
word "comptroller,'"so as to give the appoint- liams, WVoods, Woodward, Wooster-39.
meant of these officers to the legislature. Mr. Dodge moved to strike out all that part
The motion was supported by Messrs. Had- of theI section after the word appoint,' in tlhe
cliff and Root, upon the ground that these were 31 line, and insert the following; All other
i-p'rtpl 'ot ,-',,-. ". r '.f wii' ], wIn vi : o'ro- i. ant otherwisee provided fuor by this con-
nected with the legislature; amid opposed by ,",.'
AIr. Van Buren. Before tihe question on this amendment was
Mr. SPENCER made a few remarks against taken, Mr. BIRDS.EYE moved to strike out
the amendment, when the question was first the word except' in the 4th line, and insert
taken on inserting the secretary of state, and the word including," with a view to give the
carried, appointment of justices to the governor and so-
On inserting the attorney general, Messrs. nate. The question on striking out was taken
N. Williams and Spencer opposed the mention,, by ayes and noes, and decided in the negative,
and Mr. Root supported it. Carried. as follows:
Mr. FAIRLIE moved to strike out the word NOES.-Messrs. Bacon, Brooks, R. Clarke.
" treasurer," and leave the appointment of that Dubois, Duer, Edwards, Fish, Frost, Hallock,.
officer as it was in the old constitution. fIees, Howe, Hunter, Huntington, IHurd, Jay,
The amendment was supported by the mover, Jones, Kent, King, Lausing, Lawrence, Lefferts,
and opposed by Mess. J. R. Van Rensselaer amnd A. Livingston, M'Call, Millikin, Moore, MunroL
Spencer, when themotion was put and lost, and "- Porter, rice, Radcliff, RhinelarNSer,
eti Isassod .,., Rogers, Rose, Rt- i ri, Sage, Sanders, N. San-
the section passed without further amendment. ford Seely, It. ...ncer, Stagg, Swift, Syl-
Mr. RUSSELL offered the following sub- vester, Tallmadge, Townley, Townsend, Van
stitute to tihe second section down as far as the F:eet, Van Ness, J. R. Van Rensselaer, S. Van
word peace,' in the 5th line : Rensselaer, Van Vechten, Verbryck, Ward, E.
1st. That there shall be an executive council 'Webster, Wendover, Wheaton, E. 1. lr.:
for the state, consisting of the governor and VWoodward-53. -*
eight councillors, who shall be constituted in AYES.-Messrs. Barlow, Beckwith, Birdseye,
the mauner following, viz. Breese, Briggs, Brinkerholl; Buel, Burroughs,
2d. That there shall be elected in each of the Carpenter, Carver, Child, Collins, Cramer,
eight senatorial districts by the electors thereof, Dodge, Dyckman, Eastwood, Fairlie, Fenton,
as often as a governor is elected, one person for Ferris, H1ogeboom, Humphrey, Hunt, ... -.
a councillor, and the eight persons so elected, Knowles, P. R. Livingiton, Nelson, Pau.. I_ .,
shall form an executive council with the gover- Pitcher, I n" i-,.. Reeve, Richards, Rockwell,
not-, who shall have the power to appoint all of- Root, Ross, Russell, It. Salford, Schlenrk, Sea-
ficers in the state not otherwise directed. man, I. Smith, Starkweather, Steele, l. Suther-
Tt t d ni s e o t land, Taylor, Tripp, Tuttle, Van 13Bren, Van
3d. That the said council shall meet on the Hore, WVheeler, N. Williamns, Woods, Wooster,
day of in every year, at the seat Young--53.
of government. Mr. BUEL then moved to strike out all that
4th. That the governor shall be ex oficio pre- part of the section which follows the words
sidentof the said council, and shall have an ex- that is to say," in the 6th line, to the word
elusive right to nominate all state officers, but appointed" in the 27th line, and insert the
shall have but a casting vote in tile council, followiu" g:
5th. That each councillor shall have the ex- i The boards of supervisors in every county
elusive right to nominate all officers whose in this state shall, at such times as the legisia-
powers are to be exercised within the disLrict for ture may direct, meet together, and they or a
which he shall have been elected. majority of them so assembled, shall nominate
6th. That the secretary of state for the time a list of persons, equal in number to the justi-
being, shall be the secretary of the council, ces of the peace to be appointed in tbe several
and record the doings of the same ; and all the towns i their respective counties-And the re-
nominations and proceedings thereof shall be spective courts of common pl, as of the said
open arid be published. counties shall in like manner m meet and nomi-
7th. That tihe said councillors shall hold no nate a list of the like number. And that it
office under the government of tih United shall be the duty or the said boards of supervi-
States, which would prevent their holding a sors and courts of common pleas, to compare
seat in the legislature of this state, or be eligi- such lists, at such time and place as the legisla-
ble to an office by the said council during the tue re may direct, and if on such compariso'l the
time for which they shall be elected; and that said boards of supervisors and courts of coin-
they shall receive, as a compensation for their mon pleas shall be found to agree, in all or in
services, the same sum for wages and travel as part, they shall file a certificate of such nomai-
may be allowed by law to members of the le- nations in which such agreement is found, in
gisltaure. the office of the clerk of the county ; and tihe
3th. Tihat the governor may convene the person or persons so found on both lists shall be
council whenever he may think the publicgood justices of thie peace. And in case of disa-
[nay require it, except whien the legislature are agreement, irs whole or in'part, it shall bh the
in session. furnther duty of tIe said boards of supervisors
The question on the substitute was taken by and courts of common pleas respectively to
ayes mand noes, and decided in the negative, as transmit their said lists, so far as they disagree
fuliows :in the same, to the governor, whose duty it
NOES.-Messrs. Bacon, Baker, Barlow, Birds- shall be to select from the said lists and appoint
eye, 2,' I'.rooks, Bud. Case, D. Clarlm, R. as many justices of the peace as shall boreqqui-
Clarke, Fs .... -.... D -ubois, DyckHman, Fair- red to fill the vacancies.'"
lie, Fish ro, ra, .. r. i.i lees, HunmphLrey, Hun- The question on striking out and inserting,
Mr, -Callr, million. JMoore, KeMunrt, King, Larson, Prk was taken by ayes and noes, and decided in
Paulding, Porter, Price, Radcliff. Reeve, Rhine- the alirmative, 0 to 55, as follows:
lender, Rockwell, Rogers, Root, ...:.. .._l,, -.. AYES-,lessrs Baker, Barlow, Beckwith,
Sanders, N. Saniord, :-camian, -. l .,.- i Birdsey, ..... Brinkerholfl; Bucl, Burroughs,
Smith. R. Smith, Spencer, si... i Sutherland, Carpenter, Carver, Cast, Child, 1R. Clarke,
Swift, Sylvester. Ten Eyck. 1.-. ,1:, Tripp, Van ( Cramer, Dodge, Dyckmaau, Eastwood,
ce..nea Vrin Fleer, Van Horne, Van Ne'ssJ, B. Van Fairlie, Fenton, Feiris, iiowe, llumphrey,
Lieissclanr, S. Van Rensseaer, Van amVeeten, V'- Hiu- e, T'itin'o-, -'rvowle s, Lausing, P. R. Livings-
bry ck, Wad, Wenidover, Wheaton, E. Williams, tou, .. ..I.:, -, '. *:i. Park, Pike, Pitcher, Price,
Woods--74. s-n-. ..il,, Reeve, Ri-hard-, Rockwell, !it' '-'.
AYEb--Messrs. Beckwithr, Briikerhoff, Carver, Root, Ross, Russell, Scheinlk, Seamanr, -.- t ...,
Child, Cr'-amer, Eastwood, Fenton, Ferris, Ho1e- Starkweather, Steele, I Sutherland, Swift, Tay-
boo, o I Howe, -Hun, Hunting, in, .'.H,,.' .n, lor, Townsend, Tripp, Tuttie, Van Buren, Van
Knowles, La.asiag, Lefferts, S-. .ivinaton, P. Pi. Hornet, Wheeler, N. WVilliams, Woods,. Wooster,
Young-G0.


S."I --'. ;..-. Bos-n, 'rri: Pr.'1:". )
Clark, Collins, DuboiL. L', 1, *i ,..
Frost, Hallock, Hees, I' L.,......, lii. t.'. k..u-
., ,. *r, [i i, J .. -. ..- --

*M i i i ,, ;- ..-r,- [l'; .].-, i .... l [ I l .- i,'
r.,. i...'.. ,. q .'... Sanders, N S., .
Sanford, Seely, I. Smith, It. Smith, Spencer,
-I '. ;, Sylvester, Tallmadge, Townley, Van
1 I.. r, Van Ness, J. ItR. Van Rensselaer, Van
Vechten, Verbryck, Ward, E. Webster, Wendo-
ver, W heat.:.,-. '.ii ; .1,:, V,-..,-dward- 55.
Mr. CA IPt N fi'l .:.lt..r, i the following
proposition n the ,uJ...,-l department, which
was ordered to be printed:
1. The supreme court shall consist of a chief
justice and two justices.
i. The state shall be divided, by law, into a
convenient number of districts, not less-tihan
f'.ur, 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, ana 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
i-i,:d in the supreme court, and preside in
..irt: of oyer and terminer and general jail
delivery ; and such .si iii powers may be vest-
ed in the said district judges, or in the courts
of common pleas, or in such other subordinate
courts as the legislature may by law direct,
subject to the appellate jurisdictionof the chan-
cellor.
On motion of Mr. Dodge, the convention
then Adjsurned.

THE



g .W- YORKK,
MONDAY EVENING, NOVEMBER 5, 1S121.

The General .Convention of the Protestant
Episcopal Church recently assembled in Phila-
delphia, finished their session on Saturday.-
Among other acts, was one fixing the General
Theological Seminary of the Church perma-
-... ttew-Yori -ardt Thncorporating-wistr tt
the seminary now existing here, with the con-
sent of the Buiard' of Managers. The control
of the General Seminary is to be vested in a
Board of Trustees, to-be composed of all the
bishops of the church, of one trustee from every
diocese, of one additional trustee for every 8
clergymen in the same, and of one additional
trustee for every 2000 dollars contributed in
any diocese for the support of the seminary,
until the aggregate of such contributions ex.
ceed 10,000 dollars, when another trustee is to
be added for every 10,000 dollars contributed.
The Board, until the next General Convention,
to be composed of the bishops, together with
the 24 trustees, heretofore established by the
General Convention, and the 14 trustees of the
New-York Seminary; and to have power to
constitute professorships and appoint professors,
and to frame such rules and regulations as they
may deem proper, consistently with the consti-
tution and cannons of the church.

The Legislature of Kentucky assembled at
Frankfort, on the 15th October. In their ear-
ly proceedings we notice nothing worthy of re-
mark, except the refusal of five members to take
the duelling oath, and lie presentation of ten
petitions for divorce, in two days ;-this almost
equals Paris during the Revolution. The Go-
vernor's speech is of great length, and almost
exclusively confined to subjects of local interest.

The Governor of Indiana, by public procla-
mation, announces, in'compliance with an Act
of the Legislature, that the State Prison is
finished for the reception of convicts. Whe-
ther this official mode of opening a house of
correction be meant to encourage or terrify
offenders, we cannot say; but the experience
of other States leaves little doubt that the pub-
lic invitation will be accepted by as many
guests as can conveniently be accommodated.

An attempt is now making to establish a new
paper in Sag Harbour, Suffolk County, to be
conducted'by a nephew of Mr. Spooner, of the
Columbian. As the uncle has retired from
politics for the time being, it is to be presumed
that he has carried the whole family with him,
and that the Suffolk Gazette will only be Clin-
tonian when a favourable opportunity offers.

A letter to the Editor of the Watertown
(Jefferson County) Gazette, dated the 26th of
October, says that, at that period, Gen. Brown
had not so far recovered as to be able to leave
his roum.

The pilot boats William Bayard and Thomas
H. Smith, which were sent in search of the
wreck of the ship Sea Fox, returned this morn-
ing without accomplishing the object of their
voyage.

The following are the particulars of the in-
telligence of the fall of Lima, noticed in our
paper of Saturday, and confirmed by the arrival
of the S. Carolina packet, which brings a St.
Thomas paper of the 16th ilt. containing an ex-
tract of a letter from Caraccas, dated Oct.
8th, which says--" Official news has been re-
ceived here of the [ndependence of Lima, which
has been proclaimed by the chiefs (Spanish and
republican) La Seria and San Martin. The
troops of the latter occupied Callau, and the
Cabildo was charged to form thie provisional go-
vernment ia conjunction with Gen. San Mar-
tin.
Copy of the Buenos Jlyres Hland Bill.
VIVA. LA PATiA."
Citizens, though the government hlas not
yet received the official account of ,he entry
of General San Martin iatotla capital of Parue,


'it hastens 1.. :rna. .: .a. ,fromE
the cd ntentn i. -i -....... ..., a rc-
. .e'_ l' ', i- .., u : -" -. t -

Santiago,. ugust3, "1 2i, 3 P. V.
', ',-. r Parent--his lm Uent has ;rri-
ved the glorious news of the fail of Lima. The
Motezumia -has arrived at this pprt with thie ofii-
cial account that San Martin caiered Lima by
force of arms.
"You will give Games 150 dollars if he is the
first that brings the news.'7
The bearer of the f.re: ..: letter is D. 1%
Games, who was in .i Jii,.. of Aconcagua,
laying in a stock of provisions in order to cross
the Cordillera, (ridge of mountains) and carry
to Mendoza arms and money from the govern-
ment of Chili, when the news arrived there of
l- h :.i.. ...u .ri ofLimna by tlm lh-..., '1,, ar,..
which was celebrated with -.:i H'.:1 ,-' ,ni,
arms and : 1..-.,,.:. Games states, that he
went immediately to the house of the Governor
of Aconcagua, took a copy of the despatch,
and proceeded to cross the Cordillera; that
when he ascended to a considerable i- '.-hbi, he
saw from thire brc. .. r li.. r.-aju tLiu L a .i an with
-. ,..,lii,,, i C' in. h, i huiih ,.lo ri0 ..... 0 .,.i 'for
him todescend, :aiIl mii a I; i r..,.IJ inot turn
back, the person a i, i-.. m, n,- ,i.. ascend-
ed, who proved to. be an English ....-_kn,-.n
and delivered to him the said letter, assuring
him that the news was true. Games left the
copy of the despatch that lie took from Acon-
cagua, in the hands of the governor of Men-
doza.
At length, after 11 years, the glorious war
of our independence is terminated. Thefertile
and immense lands which c x\i. tni i n l.r t.i,,ki,
of the Rio de la Plata t.., tiue Oir..l.AI ar.n now
independent in fact as well as of right, and the
ruins only of tyranny remain among them.-
They will be happy, because the great Being
who rules the destinies of nations has so de-
creed, and at the end of three centuries of op.
probium, of slavery, '-,.1l 'A .c.:liu, 1,-i. looked
with benignity upon r'.r-'.. '.-
Jddilional Important Intelligence.-(" The same
bearer, Games, says, that as he was passing, the
forces that had gone from -i- ..1:.:, .- ,,it Car-
rc-ras were at the distance .:. .... | i ..i from
his camp, and that afterwards on the road, he
_hoA 1 n n -. .LA ...l Carre-
rash .. ......1. i ii-. i 1 r ... i r. ., a .- i- .
that he (Games) saw the official t.- : i. ini tlh
commander in chief sent to Rioja, as a precaution
in case Carreras should go to that place for shel-
ter."

917- -H-
E[ no ic. .. o r .. r.r I

Fall of Carthagena.-By the British brig
Neptune, captain King, arrived at this port yes-
terday in 23 days from Jamaica, we have re-
ceived papers from thence to the 2d inst. incluh,
sive. We copy the following important intelhi-
gence from thie Kingston Courant of the 2d
October.
"By the schr. John, we have received ac-
counts of the city of Carthagena having capit-
ulated on the 25th ult. to the Independents.-
On the 26th, Col. Miguel Martinez, aid de
camp to Gen. Montilla, arrived express at Sa-
vanilla, from Torbaco, with the above intelli-
gence, and with an order for all vessels.in Sava.
nilla to discharge their cargoes and proceed to
t_ a...-t,. to take the Governor (General
1 '.:I, L... A-d the garrison of that fortress to Cu-
ba.
The schr. Bristol, Hall, and sloop Greyhound,
Henderson, were both taken possession of irn
consequence, and an officer and 15 soldiers put
on board each, with directions to call off San-
ta Mart ha. When off that port, they fell in
with H IM brig Nautilus, Chapman, who sent
the soldiers on shore, and ordered the vessels to
return to Savanilla, and take in their cargoes,
which were ready, after which, they were to
sail for this port.
On their going back to Savanilla, they were
seized and sent away under protection of two
gun boats, for Bocha Chica, from whence it
was expected they would take the Spanish
troops on board, and depart immediately for
St. Jago de Cuba.
The schr. Perthshire, Ferres, was relanding
her cargo at Savanilla, and would be obliged
to go to Carthagena to take ia troops for Cuba.
We learn, that General Montilla previous to
the capitulation of Carthagena, had bombarded
that city from the Pope,- and had occasioned
much injury to it from the fire of six long guns
and two mortars."

From Relf's Gazette of Saturday.
Extract of a letter from Havana, dated 20tlh ult.
Report says that Novela, the deputy Vice-
roy, died, suddenly, but this wants confirma-
tion.
What is certain is that as soon as D'Donojoa
presented himself at Mexico, he was immedi-
ately acknowledged Viceroy by Novella, and
the authorities; and being in possession of the
government, he immediately called a meeting
of the Cortes, agreeably to the treaty with
Iturbide in Cordova, and in every thing ordered
that treaty to be fulfilled-his proclamation to
that effect is in this place.
It is suspected that O'Donojou brings orders
from his court to to the effect of confirming the
independence of the country, but Davilla, the
governor of Vera Cruz, not knowing this, or
affecting not to understand them holds out; has
ordered all tire useless families away from the
place, and others have entered the castle of
San Juan de Ulcea, whither the intelligence is
also transported with every thing valuable its
Vera Cruz, and threatens destruction to the
city in ease of an invasion ly the insurgents,
and was to blow up thie castle if necessary.

Captain French, of the sloop Collector, which
was lately robbed by pirates on the coast of
Cuba, has arrived at Bristor, and in a letter to
tire Providence American states, that he saw
tio of the villians in custody before hie left
Matanzas. One of them was arrested in the
country somer miles from Matanzas, and was
couriimted to prison ; the other attempted to
obtain tre release of his comradet by the oidr of
a bribe ofrl 00 doubloons to the principalA lcalde,
in consequence of which he was detected and
secured by theo vigilance of the sAcalde.-
Capt. F. was called on to go into the prison,
and see if he could select from a large number
of culprits, the pirates who robbed his vessel
HIe identified them without hesitation, as did
several of hIis crew who were admitted to ih e
pinsoni afterwards. C('apt. F. recognized one of
his dwn shirts on the back of one of them,
which on examination, wias fbnd to have his
na'natn marked upon it, at full length. Capt, F,.
reaiarks, I have great coniildence in the dit-
position ouf the Spanish oticers at Miatanzas to
pa. i.-ach atrocities as they desieirv"-v Bost,
D. Ad. '


VOL. II....No. 174.1


r1b / s.r'
~-: ri~j~ u 63


~__1


I _~


~-------- i 'r n~l~fi~IP U- L~B-~S~Vllirrl-~ II~-~E~3YPIPL~lliPI*YG--Pi~b~lSLID~.~I -:~~- --li-.I- ZIIPs~E~C~L~1~BSIID~DSs~-~5-ICL~BgO


[O P'IT TEr, N~o. 30,riIT.,:-a3 ~ I:uu


VII


6








--*......ril The question was taken by ayes and noes,
Li0-soTEt- FR srilE AMirICAN.l] and decided in the affirmative, as follows .
N C%!VE.1VT1ON,
AYES.--'4i-.:: L.-- -.,., F. i *:. Far!ow, -:.
FilIDAY, NOV. 2. Brinkerhoff. .-.:..:,.- 1-. r.... .. Carpenter, D.
cThe convention assembled as usual, and the Clark, R. C irL-, t...-n-, Iu''-., Dier, Dyck-
mrinutes of yesterday were read aud approved. man, 1- [ ,. '-irlie,. Ferris, Fish, Hallock,
The second sectica of the report of the com- llees, H--. .., Fl..-t, Hunter, H...,i. .-.,. Hard.
n.tte- of tile whole on the appl)ointig power in Jones, Kent, King, Lawrenc., Lit-u. i, P. B.
1eh'tioun to CIVIL.OF;FICE'S. was declared to Tr-T-t-r, it. l, :,hlt:,,., -i.-.ore, Paulding,
bh- the subject for consideration, when the ques- e,, i-I',- i', ., t ,if, Rhinielander,
.tion was taken upon the residue of the same Rogers, Ross, Ii i. :, .- i',nders, N. San-T
ani pascd vitilcut p further amendment. lord, R. Sanford, Seaman, Seely, Sharpe, I. Smith,
Mr. dO11GE moved to reconsider the so- R. Smith, Spencer, Stagg, Starkweathier, Sylves-
ODGE noved to reconsider the s, ter, ,. E',.- k, Townley, Tripp, Van Buren, Van
cond section, and insert districtattorniesFleet, Van Horne, Van Ness, S. Van Rensselaer,
in -.c third line, after the word appoint-" Verbryck, Ward, E. Webster, Wendover, Whea-
As M.r. D. was not present when this sec- too, E. Williams, Woods, Woodward, Wooster
'tiiil wa.' .,,r 1: ir. in;l the committee of tihe 73.
whole, .. ..* -I -l to mri .t.,- a few remarks. It S es. Beckwith, Brde Breese
tad hieer universally admitted in this house, and NOE.-'Mesrs Beckwith, Birdseyc, Breese,
it was a truth which admitted not of contradic- Buel, Carver, Case, Child, Clyde,,Cramer, Dodge,
tion. that the legislative, judicial, and appoint- Eatwood, Fenton, Frost, ogeboom, Humphrey,
f"lo Hunting, Jay, Knowlcs, Lansing, A. Livingston,
!- powers should be separated. By giving Mu iro, Nelson, Park, Piko, Pitcher, Reeve,
power to the judges, together with the ap- Richards, Rockwell, Root, Ross, Russell, Schenck,
pintmient of clerks and the n..rir,,li..., i Sheldon, Steele, I. Sutherland, Swift, Tallmadge,
ties, you give them a very n.,, .',,r .... Taylor, Townsend, Tuttle, J. R. Van Rensselaer,
and great power. They will influence their Van Vechten, Wheeler, N. Williams, Young-44.
clerks, the district attorney, and the justices io
their several counties. Many of the judges, in The 6th section, relative to coroners, was
consequence of this influence, will be returned read.
,to fh. li. ,,1 .-..i Tims all these offices will It was moved to strike out the words ap-
he -ut... ; '. inevitable consequence of the pointed or," so as to make the coroners elec-
connexion is the injury of the judges in their hive by the people, which after some discussion
judicial capacity. The office of district attor- was carried, and the section passed.
ney is all important to the county. They ought The seventh, eighth, ninth and tenth see-
to execute their duties with fearless impartiality tions, relative to masters and examiners in
and fidelity. They arc in. some measure the chancery; clerks of courts ; and justices of the
guardians of the county. They are sometimes peace in New-York, passed without amend-
under the necessity ofdiffering from the judges ; meant.
and there have been, and probably will be The 11th section, relative to officers chosen
again, cases where it becomes their duty to in- by the people, and to other officers not pro-
diet and prosecute the judges themselves. It vided for by this constitution, underwent a few
is therefore .all important for the faithful dis- verbal amendments, when Mr. JAY offered the
ciharfg of his- duties, that tlhe district attorney following proviso:
should be independent of any appointing po'- Provided that no officers shall be appointed
erin his otwn county. He felt that we were by the legislature, or by any persons elected by
clothing our judges with too much political them."
power; and he feared the consequence would In offering this proviso, Mr. Jay went into a
be, that in some counties there may hereafter full explanation of the object lie had in view.
exist political judges. A very large number of offices had by this
The motion to reconsider was carried; when section been left to the disposal of the legisla-
the question on the proposed amendment was ta- ture, and were to be filled in such manner, as
ken and lost. that body ir:ht, 1'.ii, time to time direct. He
The third and fourth sections, relative to the believed the whole number of appointments,
appointment of sheriffs, clerks, and district at- for which no provision had been made, and
tornies, passed without amendment, which it had been decided to throw into the
The 5th section; relative to the appointment hands of theilegislature, amounted to two ora
of mayors was read. three thousand. As the section now stood, the
Mr. LANSING moved to insert after the legislature were left at liberty, either to make
word state,'the words except the city of N. those appointments directly, or to create some
York,' with the view of referring the appoint- other lody, which would be completely under
inent of the mayor of that city to the general its control, to exercise the residue of the ap-
appointing power. pointing power left at its disposal. It appeared
Some discussion took place between Messrs. to hirn, that this power was liable to abuse, and
Sharpe, Monro, Young, Radcliff and Jay, when would lead to evils similar to those we had ex-
the motion was put and lost. perienced from the old council ; and he there-
_Mr. JUN.RQ__innvfre ton trlr.il out tho 5th fore thought proper to offer a proitso, which
section, and insert a clause, giving the appoint- would m some measure ne a safeguard against
ment of mayors of all the cities to the governor such abuses.
and senate. Mr. E. WILLIAMS was decidedly in favour-
The question was taken by ayes and noes, of the proviso. If it were not adopted, we
aind decided in tihe negative as follows:' were about to experience the scenes of intrigue
NOES-Msessrs. Bacon, Baker, Barlow, Briggs and scrambles for office, to which the old couon-
Brinkerhoi Brooks, Carpenter, Child, D. Clark, cil of appointment had given rise. The mode
R. Clarke, Colins, Cramer, Dubois, Dyckman, of appointment would shift as often as the po-
Elwardi Ferris, Fish, Frost, lHallock, Hees, litics of the legislature ; and it would be an ob-
Ieowe, Hunt, Ilunter, Huntington, Jones, Kent, ject to obtain a seat in the house. for tihe pur--
V;. Lawrence, Lefferts, P. R. Livingston, pose of having a voice in the disposal of these
; i, Millikin, Moore, I Y- it i.. 1 ... Price, appointments. This power would be a bone of
Prnapelly, Radcihff, IR.eoe, !> ... -,, -Rich- contention, and would be wielded as a political
yards, Rogers, Root, Itose, Rosebrugh, C .- engine.
wanders, N. Smiford, I. .Safo.d-, Seariswat, -' Mr. YOUNG was unable to foresee so many
Ibape, t. Suth -., -ylvester, Ten dangers and so much corruption from the exer.

c, Townlcy, Tripp, Tttle, Van Buren, Vaen of this power by tile legislature as had been an-
Flcet, Van Ness, J. R. Van Rensselaer, Ve-bryck ticipated. It swas already expressly provided,
Ward, Wendover, Wheaton, E. Williams, Woods, that no member of the legislature could accept
Woodward, Wooster-76. i, of an office; and he knew no reason why that
AYES--MHsurs. Beckwith, Birdseye, Brese, body might not direct t(ie mode of appointing
Buel, I. .r -, I.. Carver, Case, Clyde, Dodge, these officers wit i perfect safely.
Eastwood, Fairlie, Fento.i. H-n,,-un.h pAreu,,ti. Mr. ivlUNRO was alarmed at tlie facts which
_..i.... Jay, K"-"es. I. ... \ i. i..: had been disclosed this morning. It appeared
I .. Park, i ., lt ,.,, l. i1 -, ..., that about three thousand otlices have been left
Russell, 0Schalck, Sheldot Tialliadge, Taylor, at the disposal of the legislature., le had boen
Townselnd, Van Hornme, Van Vechteu, E. Webster, entirely mistaken on this subject, and had ih,
S1. -N. Williams, Youaig-T37. been aware of the extent of the appointing
Mr. BUEL oinved to strike out the whole power, for the exercise of which no provistiou
clause, without inserting a substitute, leavidg bad been made, he should on former occasions
the mayors to be appointed or elected, accord- have acted and voted very differently from whlal
i'g to 1the provisions of the IIth section. The he had done. lHe could not approve, and his
motion was supported by Mr. Buel, and constituents would never agree o a coinstiti-
opposed by Messrs. Van Vechten and Radcliff .tion containing such a provision. It was worse,
.Lost. v if possible, than the old council of appointment.
Mr. BACON moved to amend the section by Mr. VAN BUREN believed gentlemen were
inserting a clause placing the presidents ofh unnecessarily alarmed on this subject. The
ineorporated-l Hi-. ... I, -. ooting with offices left to the legislature had been greatly
regard to appoimtnment as mayors, exaggerated both in number and importance':
Messrs. ROOT and N. I- .,.-I- 31 hoped and be entertained no doubt that the powet r
the motion would not prevail, and pointed out would be discreetly exercised.
Some of the inconveniencies which would result Mr. SHAIIPE was opposed to the proviso. It
from such a provision. Lost,. was, in his opinion, an unnecessary check. We
Mr. VAN VECIITEN moved to amend the had, as it hiad been remarked, determined that
section by inserting after the avord "state," no member of tie legislature could accept of an
" except the city of Albany ;" which was carried flice while lihe held a seat in that body ; and ihe
36 to 35 mtethought all the alarm which some gentlemen
Mr. IROOT then moved to re-consider thie had fElt was entirely groundless.
voteon excepting the mayorof Nem-York. The lMr. DUER supported the proviso. fie fully
charter provided for the appointment of mayor, concurred in tie reasons which had been urged
and we had uo right to alter charters. 1i its favour. We were giving to the legisla-
The motion was. opposed by Messrs. ture the powerof 1.-i..- i,. whole appoint-
i.,- ..:, Briggs, Sharpe, and Muntro, when ing power, which was liable to the greatestabu-
the qurr tio on the amendment was taken and sos, and would be used as a political engine to
cart-ed. subserve tie purposes of ambitious and corrupt
Mr. BUEL moved to except tie city of Troy. individuals,
Carried. Mir. TALLMADG E rejoiced that gentlemen
Mr. RADCLIFF moved to except the cities were at length able to perceive the force of the
of 1'udson and Schenectady. trcrted.1 remarks le had made o this subject in thie de-
Mr. BRIGGS moved to except all other b-ate if yesterday. le had then pointed out
mayors whatsoever. tile extent iand importance of the offices, for the
Mr. SHiARPE called for the ayes and noes appointment to shich no peovtfision had bee
on the section as amended, which was as fol- made. It would be found that after all we hliad
los'ts: Tmat tll the majors of all the cities said andth done in relation to the appoinoimg pow-
in this state, except the cniis of Ncs-Yoik, er, a very small portion of it had been disposed
Albany, 'mny, I-udlson, -amid heneety, be oh. He should vote against the proviso, be-
appointed by the commons councils of the said cause he did not tiink it a sufficient guard
respective cities." Mr. hk. object in, -t... r against the abuses which had been atmeipatedl.
the ayes and noes, was to give gentleumetn who Mr. VAN NESS believed that someother.
introduced this farce, an i.-.....,ni', to record plan should be devised for the appointment ol
their names. the officers left to thIe legislature by tts section
A long discussion was had, when Mr. Sharpe In his opinion ltie power should either be refer-
wihdrew-h s motion for taking the ayes and red to the governor and senate, or the office,
noes. made elective by the pteoile; and with this
it was then moved to re-consider the several view hie had drawn up a substitute or amend-
amendtid.mnts. Crried. oeat to this section, which he then read iu his
Mr. RAD('LiPF moved to strike out all the place.
amendments just agreed to in convention, so as Ml. N. WILLIAMS said we had manifested
to leave the section as adopted by tie commit- a mayvellous distrust of thIe leg-islature. These
tee of the whole and printed. officers cre a kid o- :i..-,ut. 'capital, thiat
Mr. 1ROO.T called for a division of the ques- might property be throw into tie hands 1of the
tiosi on Mr. Rad"liti's motion, so as to decide legislature. If his estimate was correct, the
firstamd separately on that part of the amend- whole number of the corps of officers was only
iment which relates to thIe'appointment of the 2,467. Many of them were unimportant, and
nnayoyr.of the city of.Albany. there would be no risk in leaving the disposal
Thie president decided that the motion was of them to the legislatue.
divisible, and said that the question would be iMr. VAN BUREN stated his object to be to
put accormingy, relieve the governor and senate from the duty
Some desuIltory debate took place relative to of making these unimportant appointments.
the state ot the section; some members con- Gentlemen seemed to act upon the supposition
tending that the vote of reconsideratiot ex that the legislature would in all cases be cor-
puingedl thie amendmtents of course, at d oeft the rupt, and defeat the wishes of their constieuets.
seclmon as ..- ,-.L.,mI; reported without amend- It wuas more natural to suppose, tiat as the le-
tint-mi.gisatur cimamsate immdiaely frthm thme pee


met. lature emanated immediately fro the peo.
The PRESIDENT decided that the vote for pie, it would make such a disposal of these mi-
recomn:uJeration merely opened the section as nor offices as would give general satisfaction.
amneudoed to discussion, and to the amendment's Mr. DUER again advocated the proviso. It
adoption or rejection:, but did not, without a was important to guard against the abuse of this
fuirthi mutmuon and vote, dispose of the amend- power by the legislature.
meants already adopted. o Messrs. Briggs, Burroughs, and Root oppo-
The motion of Mr. Radcliff was then with- sed the proviso, upon the ground that the pover
drawn ; when would be safely deposited, and no doubt dis-
Mr. SHARPE moved to strike out the whole. ,.- i used.-
section as amended, and insert the words as l JAY modified his proviso, by inserting
they stand in the printed report, viz. "- That the except such as are at present so appointed.'
mayors of all (the cities be appointed by the com- The ..-. ,- iwas then taken by ayes and
non council of the said respective cities" noes, ot ,A..,.-: ia Ltihe negaUiy,-as follows


S ROES.---Iess. Baker, Barlow, Teckwith, II. The secretary of state, oomptTroller,
Birdseye, Breese, Pr':-. -.,-.:.- Brooks, attorney general, surveyor general, and com-
Burrouths, Carver I -..-', Child, D. lark. R. missary general, shall hold their offices for three
Clarke, GCcHiis, Cramer, Dodge, P .-. 1-- years, unless sooner removed by concurrent
man, Ea-stwood, EdwarCs, Fenton -'. "- *. resolution of the senate and assembly.
HoT-.ehr % H-owve, Humphrey, ]i., il.. '.,. II. Judges of the courts of common pleas
tion 1,' .'Ci.ri, Knowles, Leffrtso, I Pike, and recorders of cities to be appointed for five
ton, M'Call, Millikin, Moor, Nelon, Firk, Pike, ars, removable by the senate on the recom-
Porter, PrioetLno S, Ba Ri m of the governor staying the grounds

Sage, N. Sanford, R. Sauford, Sclheucli'Seaman on which such removal is recommended.
Seely, Sharpe, I. Smith, Starkweath%, Steele IV. Mayors of cities to be appointed annually.
Swift, T.,I-1. ,i -. Taylor, Townsend, T-ipp, Tut- V. Clerks of courts and district attornies
tie, Van Bureu, Van Horne, Verbryck E. Web- shall hold their offices for three years, unless
ster, Wendover, Wheeler, N. Williarm, Woods, sooner removed by the courts appointing them.
Woodward, Young-T7. The report of the committee of the.whole on
AYES-Messrs. Bacon, Duer, Fish, Hallock, the JunicIAL DEPARTaiE T was next in order,
Hees, Huntington, Jay, Jones, K,-.,. i.--. L ... and was read by the secretary as follows :
-in-, L-r.I---, iMunro, Pauldii. I a. icr.eri .. The legislature shall have power to estab-
S.. Rose, Sanders, li. -.t'h -' r- lish from time to time such courts of law sub-
cer, I. Sutherland, ? 1 ....I, "Ti..i L'.. ordinate to the supreme court, and such courts
Fleet, Van Ne .. L., ..., of equity subordinate to the court of chancery,
Rensselaer, Van Vechten, Ward, Wheaton, E. .as the public good may require."
Williams, Wooster--33. Mr. R. CLARKE moved that the proposition
Mr. MUNRO then moved to strike out all of the honourable gentleman from Tioga (Mr.
that part of the section which follows the word Carpenter) submitted yesterday be received
people,' in the 6th line, and insert or be ap- therefore as a substitute.
pointed by the governor, with the consent of In support of the motion Mr. Clarke re-
the senate.' marked that a proposition of this sort was loudly
Some objections were offered to the attend- called for by the necessities of the people.
meant, and it was withdrawn by the mover.- It contemplated in the first place a reduction
The section, as amended, then passed. of the supreme court. And on this point he
The several sections of that part of the re- would observe that the object was not merely
port, relating to the Tenure of 0, '. passed, toremove the present incumbents--but toestab-
with a few unimportant amendments, except lish an useful system for the state. We had
the 4th section, which was stricken out. -al-ready removed from them a part of their
Mr. EDWARDS made an ineffectual effort bturithens. We had abolished the council of re-
to render the tenure of the office of first judge vision which had been an ungracious, but heavy
for the city and county of New-York .it.r- t-. ',.. upon them; and it was contemplated
good behaviour, instead of the'term of five 'car-i to establish them as a court of appellate juris-
The report on that part ofttle .ui.i--..- ,. ,,. diction only. Being thus relieved he thought
T. a ',-. Power which relates to c 0 ..i. there would beo necessity for more than three
was then passed, as follows : judges to constitute that court; and it was de-
CIVIL OFFICERS. serving of much consideration, how far it was
I. The secretary of state i...,..,.1h.,- trea- expedient from feelings of delicacy to retain a
surer,- attorney general, surveyor general and greater number of officers than the public ne-
commissary general to be appointed i.: i.il .,. cessities required, and to tax the community
to wit: The senate and assembly shall each for their support.
openly nominate one person for the said offices In the second place, the substitute proposed
respectively, after which nominations, they to establish district courts. These were im-
shall meet together; and if, on comparliig seriously called for by the exigencies of the
their respective nominations, they shall be public. .The judges of the supreme court had
founbe deemedto agree, the peron so de fr nate shall probably done as much and as well as they
be deenominated appointed to e office .r which would, but it was notorious that the short space
is nominated, li y they 1, : ri. t appo nt- allowed for the sittings on the circuits, did not
meant shall be made by the joint ballot of the adinit of .a opportunity for that careful and
senators and members of assembly so met toge- patient investigation, and deliberate discussion
II. Ther as the governor shall noisaidate and decision of the causes before them which
That the governor shall nominate by s- the fair and complete administration of justice
age in writing, and with the consent of the demanded. It was true that the number of
senate, shall appoint all judicial officers, except judges would be increased; but he believed it
justices of the peace;ollowing, hoat hall be appoiy ted would be favourable to the solid economy and
in manner following, that is to say : interest of the state. At present it is often
The boards of supervisors in every county
in this state shall, at such times as the l necessary for suitors and their witnesses to go
S i s h, le Ja ome from the court because their cases can-
re may direct, e together, and or a not be tried, owing to the pressure of time
majority oyf them so assembled, shall nominateupotheudge. This ould be remedied by
h' c!al in umber to t t" upon the judge. This would be remedied by
r li- if i..,- ,, equal in number to the in'-ti-. popocd C-iin jnr en an
,,/ a +\ h to be a*i u i- ', l -. ovyetcn proposed, Cc'tain justice and
towns in tobe ativpoltt i Andh r. .mpt justice would then be extended to all
towns in their respective countics---And the re- .,lie people of the state.
spective courts of commilon pl.as of the said p th state
counties shall in like manner mcet and noni- In the third place, the equity powers that are
nate a list of tihe like number. And that it proposed to be given to the district courts, are
shall be the duty of the said boards of sopervi- important. It -might, perhaps, be, thought
sors and courts of common pleas, to compare presumptuous in him to express an opinion on
such lists, at such time and place us the legisla- this subject; but this he did know, that to a
iure mayv direct, and if on such comparison the I"argo part of the state tile present chancery
said boards of supervisors and coourls of clu- system awas worse than useless. By this remark
mon pleas shall be found to agree, i all or in lie intended no disrespect to the honourable
part, they shall file a certificate of such nomi- gentleman who now fills that station. He
nations in which sch ag-reement is found, in believed that the chancellor had performed the
Lite office of the clerk of the county; and the duties of his office as well as any man could
person or persons so found on both lists shall be perrmin them But the defect lay in the
justices of the peace. And in case of dsa- system; and indeed lie almost despaired of
agreement, in whole or in part, it shall be the another chancellor who would perform his duties
further duty of the said boards of supervisors as well as the. present incumbent, and this very
and courts of cornmmon pleas respectively to fact convinced him (Mr. C.) of the necessity of
transmit their said lists, so far as they diNacg-ree an alteration in that court. The fact was, that
in the same, to the governor, whose duty it the chancellor cannot carry equity into the
shall be to select from the said lists and :;s oint various counties in the state. Those who are
as many jus. ices of the peace as shall be requi- remote, q. .- 1., cannot maintain their equi-
red to till the vacancie-,s That oever. p si, -o lahable rights, except at an expense that is
appointed a justice of the peace, may hold his equivalent to adenial of them. Mr. C. alluded
office f forb- veiars, unless removed by tle to a case of ejectment, in which a party, to
county court or court (if comnion pleas, for obtain justice, had resort to the court of chan-
causes particularly assigned by lihe jiadgs of ocery. In winning his farm by a decree, lihe
the said court. And teat no justice of tiie lost his farnt in the costs. This was but one in
peace ,h:1A. be so removed, until notice is ,iven tthe many iIstance s that exist. The people
him of tie charges made against lii, ansi are disheartened and discouraged. If they
opportunity otibered him of being heard in his ) have no other than a" iiequitable claim, they are
ldeft-nce. induced to succumb, for by pursuing it they are
111. That sheriffs, including the i., ,i r, certain to be-the losers.
ter and clerk of the city and com I .. ,'.it.'- Mr. SPENCER remarked, that it would per-
Yorkl, and county clerks, shall be chosen by the haps be expected that tlhejuIg-es should express
electors of the respective counties once itthree those views in relation to the judicial depart-
years, and as often as vacancies shall happen. mcnt which their experience had suggested.-
Sheriff's shall bold no other office, and be inel- With regard to the specific substitute before
eligible for the n-xt three years after (tie ereni- the convention, it could adlect him personally
nation of their offices, respectively. Tlihey ray but little, in less than five years his police
be required by law to renew their security would expire by constitutional liiintatiuon; and
from time to tiume,'and in default of giving sucii it was known for sometime past to his friends
new security, their offices shall bo deeLmed va- that lie had contemplated resigning it. H-e had
cant. But the county shall never be made received it under the adininistration of thle ven-
surety for the sheriff, or- responsible for his erablo first governor of this state, under the
acts; and the governor may remove any such present constitution. lie lad held it 18 years
sheriff, clerk or register, at any time within -and during a very tempestuous period of our
the said three years, for which the said sheriff, public affairs. Although he had perhaps pos-
clerk or register shall be elected, giving- to sessed strong party feelirigs, yet he had always
such sheriff, clerk or register a copy of the com- endieavonued to suppress them as a judge.
,laiit or charge against him, and an opportunity In the station in which juges were placed, it
Sf being heard in answer thereto, before any de- wva-' to he expected that they would be best
vision or removal sh ll be made. able to discern the defects of the present sys-
IV. That the clerks of courts except county terin, and most competent to devise an adequate
clerks, be appointed by the courts of which they remedy. It had occupied their deliberate at-
respectively arec clerks. And district attornies mention for some years. There were at first
by the courts of common pleas. biut three judge- s of the supreme court. An-
V. That tie mayors of all thie cities in this othiler was afterwards added, and the number
state be appointed by the common councils of was ultimately increased to five. When there
the said respective cities. were four judges the population of the slate did
VI. Thal t as many coroners as the legislature not exceed one half of its present nmtber.-
shall direct, not cxceedieig four for e"-1'Tn't v, r I Tijeto were then but twenty coutniies--there
including the city and couuty'of ,-u.... -.,1i were inow fifty-two; and it was not to be dis-
shall be elcited it the same matner as sheriffs guised that tie judges hait not suicienti time for
are directed to be elected; and shall hold their the performance of their dutiies. They held four
offices for the same term, and be removable in terms in a year, and usually for ilihree weeks in
like manner, each term. They were sometimes obliged to
VII. iThat tho masters and examiners in break up before tlhe business could bedisposed of,
chaucery, shall be appointed by the Governor, to go on the circuit, lie liad been six ton s
with the consent of the Senate ; that the rnas- on thte circuits in the course of a s ear, and hait
let's and examiners in chancery shall be re- sometimes not returned until within a fortnig-lhtit
movable by the Senate, on the recommendation before thie term-and then all the intervening
of the Governor; and they shall hold their offi- time was necessarily occupied in examining and
cs for three years unless sooner removed by preparing for decision the eases that hiad been ar-
the Senate, on the recommendation of the Go- Rted at t:e preceding term. This ad uloften oc-a
vcrnor. shined them pecuniary loss, and he could say, that
VIII. That the clerk of the court of oyer ifever men liad been devoted to public business,
and terminer, and general sessionsof the peace, wimh a desire to discharge the duties of an office
in aid for the city and county of New-York, with integrityand despatch,it hasbeen the judges
be appointed by the court of general sessions ot'your supreme court; butith'e increasing popiu-
ofthe peace in said city, and hold his office du- lation of the state, together within the addition oft
ring the pleasure of the said court new counties, have rendered it almost impossi-
IX. That such clerks and other officers ,. iht fot them longer to I ..It-.. tlhe duties of
courts, whose appointment is not herein provi- that office. At the last session of our legisla-
ded for, shall be appointed by thoseveral courts; ture there were three or four new counties
or by the Governor, with the consent of thi Se- erected, in which there must hereafterm be cir-
nate, as may be directed by the legislature. cuts holden, which will necessarily require so
X. That justices of the peace, in and for the g-eat a share of time in addition t that now re-
city atd county of New-Yo-k, to wit: Thie quired to attend the different circuits of the


special justices, and the assistant justices, and state, that no time will be left for study or de-
their clerks respectively, which now exist in liberation. There had already been a number
said city, shall be appointed by the corporation of propositions submitted to the consideration of
of said city; and hold their offices for the same this convention, one of which was to increa e
term that justices of the peace, in other coun- the number of supreme judges, and to divide
ties of this state, are entitled to hold the same, them into two classes ; another to reduce their
a.,;d be removable in like manner. "'number, and appoint circuit judges. It lihad
XI. That all the officers wivichl are at present been his opinion, and the opinion of his asso-
elected by the people, continue to be so elected ; plates, that with thle addition of one or two cir-
and all other officers, whose appointiieut is not cuit judges, the present court would be able to
provided for by this constitution, and all officers do all the business that would be required for
who may be hereafter created by law, may be nmasy years. They never hald been desirous of
elected by the people, or. appointed as may being released from their circuit duties entire-
from time to time, by law, bhe directed. ly, because they had considered it for the best
TENURE OF OiFIE. that they should mingle with the. people in the
NU O IC. different counties of the state. It is national to
I. The treasurer aaUll be chose pauallly, suppose that such a plan is best calculated to


give saftfaction among the people; as a judge Mr. AIP.LIE offered the following resolua
coming from a remote part of the state must be tion:
supposed to be a stranger to the parties who are Resolv-d, That one copy of the journals of
called bebfre hm. They had, therefore, ouly this convention be transmitted by the secretary
wished to be released from that part of this duty of state to the clerk of each county, 0to be de-
-i,kh it was not convetiient for them to per posited in his r!i:i, and that the surplus copies
form. The objections raised to this plan have of the said journals be deposited in the secreta-
been, that no man well qualified for that station ry's office. adjourned .
(and.,it must be a man well read in the law to
discharge the duties of that office) would accept
of it, unless be could be placed out of the reach THE
of a removal at every change of party. It i
would be, indeed, hazarding too much, for a & 't '- 4
gentleman of the profession to abandon his bu-
siness for this office, when he has no assurance NEW-YORK,
of holding it any longer than a particular party TUESDAY EVENING, NOVEMBER 6, 1821.
may predominate, and thus rendering himself
liable to fall a sacrifice, to their ambition, when
perhaps he has not been appointed two years.- To the Editor of the American.
This evil can be remedied by giving them a te- Sin-Entertamning a very sincere respect for
nure of office equal to that of the chancellor the memory oftheat Dr. B ar, I went yes-
uu cte t d n t the memory of the late Dr. Bard. I went yes-
and judges of the supreme court, and leaving it te- o i wi
to the legislature to provide such salaries as terday to hear the Memoir of his Life, which
they may think proper. Dr. Mitchill had been appointed, by the College
With these considerations, men of thefirst of Physicians and Surgeons, to compile. I went
legal acquirements, and men of integrity .and with sad misgivings, as to the qualifications of the
character, may be obtained. It will afford a n
sufficient inducement for a man. to abandon hisgentlemanelected to dojustice tohissubject, and
business, to accept of an office the tenure of from the sketch which I enclose, you will readily
which is for life, or till he arrives at the age of perceive how amply these misgivings were reali-
sixty. It has been said that their being con- zed. Such a farrago I never before heard, and
sidered inferior to the supreme court would be can only call it a "Treatise about all things in
an objection to that ofice... The office would zm---d, and Dr. Mitchill in particular." The
certainly be very respectable,. and they ,u,,, I .
be qualifying themselves to fill tihe place of fine character,, the nice taste, the kind and affec-
chancellor, or to take a seat upon the bench of tionate heart, of the late President, were, no more
the supreme court; and there could not be a than his deep and varied learning, his great pro-
better school. fessional skill, and his practical good sense, to be
Mr. S. said. he would take the liberty to at all inferred from this memoir-which prinei-
propose a plan, about which, however, he had
no great an xietabo further than the public good pally signalizes him as the preceptor of Di. Mit-
was concerned ; but as lhe should probably not chill, and a contagionist i) Yellow Fever. If the
have an opportunity after the present to present "most learned of professions camn furnish no
it, he hoped he should receive the indulgence more competent eulogists to their departed bre-
of the committee, as his official duties would thret, a discreet silence might at least conceal
coMr. S. remm to arked, town tomoka sat'upon their poverty from the public eye.
the bench of the supreme court eighteen years a A LAYMAN.
ago, since which his whole time had been devo- -
voted to a discharge of the duties incumbent In pursuance of his appointment, Dr. Mitchill
on him in that station. The salary of that of- yesterday delivered his biographical memoir of
fice, had barely enabled him to support his fam- e -te del, t hic i
ily and educate his children, wi-ithout laying up the late Dr. Bard, to which it was our fortune
a dollar from that source, more than he had (good or evil) to listen. He commenced by sta-
when he accepted the office. He had aban- ting that it was always agreeable, and oftentimes
doned his profession, which was far more lucra- instructive, to trace the lives of eminent men.--
tive than the office which lihe accepted, ad lihe A species of writing which, when connected with
had received that appointment under the sane-
tion of the constitution, with a pledge, that lie political events, is called HI-story; when confined
should hold it till le arrived at the-age of six- to a recital of the good qualities of the deceased,
ty, unless removed for mal-conduct. His term and an unmixed glorification of his thoughts and
of service by that limitation, would expire' in deeds, it received the name of Panegyriic; when
about four.years; but if the public good requi- the i..-i: good and indifferent, were stated,
red his removal, amen to it. The convention
had an undoubted right to do it if they thought with a leaning, however, to the good, it became
proper, :..i i ,, 11.1. ..i,, it would appear ration- ... .. 1; and only when the. whole career of a
al, that those who lhnd received that office under m-xai's life was i.,-.. -all, traced, and his foibles
the old constitution should continue till their and talents, virtues and vices equally set forth,
term expired by law. He did not ask this, but could it be .., Biography. After having
merely suggested it for the consideration of the could it be -' Biograpsy. After having
convention; and as he had heretofore endea- established these acute distinctions, and given a
poured nut to trespass upon the patience of that list of eminent biographers, ancient and modern,
body, he would trouble them with no further re- among whom we were pleased to recognize our
marks, than to introduce -:,'-,l."-;iV..,i ; w ohich old acquaintance, Cornelius Nepos, he kindly vo-
was as follows :
That there shall be appointed as many judges lunteered the information that they were of no
as the legislature may from time to time direct present use, as the memoir which he was about
and i ... 1.... of the degree of counsellors of law, to pronounce belonged to neither of these classes
in the supreme court, to be called circuit judges; -an so it soon appere. e was expected
whose duty it shall be to hold, in such counties as
the legislature shall designate, courts of oyer and pursued the Doctor, to make known their late
terminer and gaol delivery, circuit courts and sit- President's medical career, which, in securing
tings; and to perform such other judicial duties as hmmour to himself, had been calculated to pro-
shall be required of them by law. And the judges, intsts, h t Co llge
thus to be appointed shall hold their offices by the mote the interests and character of the College;
same tenure as the judges of the supreme court; and he was restrained, as well by the nature of
and shall, ex officio, be members of the court for his commission as by the academic hour, (which,
the trial of impeachments and the correction of er- to our cost, we found nearly two common ones,)
rors, in the same manner, and under the same reg-
ulations, as the chancellor aud the judges of the from ranging further. lHe was my first precep-
supreitme court are now members thereof." tor, ooatinued the Doctor; I studied with him.
Hie had omitted to say any thing of tihe court three years, and during that lime enjoyed, the
of equity, nut of deference to ti e honourab h benefit of his countenance and society, and that
chancellor; and hie was of opinion that if tins
plan was adopted, it would obviate all thie of the many eminent men who Irequented it.--
existing difficultis. It was therefore submitted Here the Doctor made a long excursion out of
to the consideration of the convention, whom the bounds of his commission, to tell us how he
he should not be able to address again on the was taught, by Dr. Bard, to compound medicines
sust. EELER cosidrd t imp- and fold letters ; how he learnt physic, from car-
Mr. 't-HEELER considered thmis an impor-
tant question; it was one on which the most ryin drags, and sometimes seeing them adminis-
learned in the law could not agree. It was an tered; how he learnt book-keeping, by copying
honour to the honourable mover to have :uub- the Doctor's bills and collecting them; how, with
minitted a prunosition which should afterwards be this various knowledge in his Htead, and having
so neatr-I imitated by one presented by the chief i
justice of the slate; but lie could nit believe prev-ously acquired, at school, the "gymnastic"
hir guilty of the motives imputed to him b\ tIhe art of swimming, in a duck pond, he determined
honourable gentlctimail from Albany. That to go to Europe; and howu Dr. Bard gave him let-
something is necessary no one pretends to deny: ters of introduction to the Professorsof Edinburgh,
it is confirmed by the present incumbentsin the and how he used them. Here the orator took a
hih judicial departnets of oar state : antd tie still wider range, and, aprolos de botelles, gave a
only question now is, what will be the best way st e is -m
to remedy (hie existing evil. It has been pro- hasty ., .c .. ..;.. .. ..." -I of the lives and
posed to have two courts possessing co-ordinate, doctrines of Luthor and Calvin; of the enactment,
powers; but this has been rejected. The plan by Henry IV. of the edict of Nantes, and its re-
of the gentleman from Tiogta i '.- i i.rpenter) peal, by Louis 14th; and suddenly arrived at the
reconnmittnds time appointed mmcmi A iud--es,
and on this plan it will be necessary to reduce conclusion that it behooved young students not to
the present number of supreme judges: but disdain the mortar and the pestle, nor to look
it does no't declare that any violence shall be down superciliously on the skill which provides
committed upon the present incumbents; and the contents of the gallipots, and prepares and ad-
indeed it cannot effect them very immediately, just, the blister plaster. From this flight, the ora-
as it will take some time to carry our new con- tor returned with vigour unimpaired to Dr. Bard
stitition iinto operation.
We are informed by the honourable chief and Edinburgh. He stated to us that John Brown,
justice, that it cannot be long, before tihe pub- better know as Johannes 13runo, was Dr. Bard's
lie will be deprived of his usefulness and Cx- tutor in Latin and Medicine; wheitce naturally
perience upon the bench, and we are a sare allowed a short outline of the life and theories of
imat his labors have been honourable to him- re r ws
self and useful to the public ; but would it not the aforesaid Lrumo, who was represented, among
be disho nourahle to thie iudes f our supreme otler things, s great scholar, who translated the
court, to revolt at the idea of falling a sacrifice theses of less learned men into Latin ; -ad for
to the public good, if necessity should demand those who were idle and ignorant, "wouldfurnish
their removal ? tlave we not altleady altered lessons out of the whole stuff.l'." An essay, by Dr.
tme tenure of thIe office of more than fifty
judges in Ithis state, who hold for the same tint Brad, written at Edinburgh, on the -power of Opi-
thai they do? rmn, (which, for the inforimatioi, doubtless, of the
Mr. Wheeler did not consider himself comn- youngstudents in medicine explainedito be tlhe "in-
potent to argue this question, but Ihe called on spissated juico of thIe poppy,") was thcu discussed.
tli honourable gcmtlict, mm1 theI itov, to coe Opium, he said wisa ci otso -,ot 'nd i- 'vthe
forward amd let the convention profit hy their b t l t ys,
wisdom, on this important subject He con- by- gentlemen, let me here remark to voL, how
jured them by all that was dear to their country, greatly icthyology and ti Greek lantiguage illus-
and the character of the state, to use their Irate thie science of medicine: siitsrke is the (Greek
best endeavours to establish a system, which for torpedo, whichisa beuntingtfilshi;" and hence
should have for its end tIe happiness and pros- he inference seemed irresistiblhe that, but for an
pertly of the community.
Irt. IlADCLIFF hoped that the honourable acquaiatance vilth Greek iand the faishes, there
chancellor would favour the convention before could be no narcotics in medicine, or at least not
adljournment with a proposition he intended to by that name.
present, that it might be printed. Having got upon Greek, and addressing the
MIr. KENT remarked that he had prepared most learned of professions, the orator said "he
no definite propos ition o te the consideratio n felt as if he must he classical," and he therefore

ject had been previously submitted. He compared opiusi to the caduceus of Mercury.-
., .u s it was expedient to vest in thle subor- Quoting Virgil's description of it, when Mercury
innate common lawm courts equity powers to a was about to start on his message from Jove to
limited x lent. JEneas,


Mr. 'MUNO wished to learn whether the
chancellor intended to recommend to the peo- a- issb eat ; z milie rocal Orco
sub. l i 'b ri'tia Tirluara n ittit
pie of this state, to blend chancery powers DAtsmnos adiaitque, et m uinau morte resign.
with common law jurisdictions.
Mr. KENT replied, that he could not foresee Which may be ",'., ..-... 'Anglicised-
that such a course would destroy the s\setcn or He takes the rod, that rod of power so feli,
ruin thle state. The chancery powers would To rescue from, or plunge pale ghosts to lUei,
probably become too great for any one man to PThat can theieIes fast closed, or sleepless keep,
piuform, and whether a part of that power was Or stal them up in death's unstartled sleep.
confided to masters of the rills or vice chancel-
lors was nut perhaps very material. "And so does aopini," said the orator. A ra :m-
The proposition of the chief justice, and he was the t added of Dr. Ba'd's stay and
report of the committee were ordered to be studies at Edinburgh, of his return to his native
printed. country, and of the honours and success 'which
The CHANCELLOR had leave of absence attended him, till the breaking out of the revolu-
for the remainder of the session. tion, of which, of course, it was proper to give a.








sketch, as well as of the process of making sea salt,
or,in the learned language of the orator, "of ex-
tracting the muriate of soda from the brine of the
sea," an occupation to which Dr. Bard betoQk
himself on the shores of New-Jersey, when he fled
from the city. Nothing further interrupted the
narrative of Dr. Bard's progress in honour, and
wealth, and usefulness, till the year '93, when, to
use the expression of the orator, "a new scene
unfolded itself to the admiring world....the yellow
fever broke out in Philadelphia. Hereupon Dr.
Bardwrote an essay ;" and as he believed in con-
tagion, and the orator does not, a brief allusion to
the arguments, pro and con, became unavoidable,
in the course of which quarantine establishments
-were called "the fortifications erected against an
.tt... 1 '..i'M, a nd barbarous invader," and the me-
lancholy truth laid dowiu in emphatic words,
"that if yellow fever be imported, it may be ex-
ported too;" and hence our quarantine establish.
ments become mere warehouses, where the yellow
fever is received in bond, (except such parts of it
as are smuggled into the country,) until it can be
re-exported and distributed (gratis, we presume,)
to other parts of the world.
'From this part of the subject the orator made a
short turn to expatiate on the delights ofrural life,
as realized by Dr.Bard at HydePark,where he had
bought a farm, which he cultivated successfully,
and moreover about the same time introduced the
orator to President Washington. The services
rendered by the deceased to the college were then
recapitulated, which rendered necessary a view
of the rise and progress of the college, in the
course of which Dr. N. Romaine, ("a great man
,who had not found a biographer," said the orator)
-for soliciting and obtaining, and Morgan Lewis,
then Governor, for signing, some, grants to the
college, are declared to be entitled to its lasting
gratitude. The college had not been unkind to
Dr. Bard, for, says the orator, "they have got
his picture- (quere, have they paid for it?) And
finding his academic hour quite gone, the orator
alluded to Dr. Bard's enthusiasm for merinos, said
lie could have expatiated much longer on the sub-
ject of this memoir, and concluded by applying to
him the lines of Tickell on Addison,
He taught us how to live-and oh too highs
The price we paid-he taught us how to die.

Wreck.-The ship Savannah, Captain Hol-
Adridge, from Savannah for this port, was driven
ashore at Fire-Place, south end of Long-Island,
yesterday morning, at 3 o'clock'; passengers
and crew saved. Our informant states she had
not bilged,, and that tle captain and two of the
crew were on shore near the wreck. It was
expected that when the tide fell they would be
able to get to the slip, and that her cargo,
consisting of 2b0 bales of cotton, would be
saved.

The schooner Mary, arrived at Boston on
Thursday, fell in with the wreck of the ship
Sea Fox on the 28th ult. but being short of
hands, could not.bring her into port.

Col. Charles Town has been unanimously
elected a director of the N'orth River Bank in
this city, in the place of Duncan .Phyfe, Esq.
resigned.

James Anderson, Esq. has been appointed
-assistant cashier of the Banlu of the United
States, in place of John Hbuston, Esq. de.
-ceased;

Communication.
The second annual meeting of the Bedford and
Northcastle Sunday School Union Society was
held in St. Matthew's Church on Saturday, the
26th October last. After divine service, an ap-
propriate sermon was preached by the Rev. Sa-
muel Nichols. To this rev. gentleman we feel
much indebted for his active service and repeated
favours to us during the past season. The annual
report was read, and a suitable address delivered
to the children by Mr. Alvah Guion, explaining
to 'them the importance and manner of knowing,
loving, and serving their Heavenly Father, whilst
permitted to dwell here in this lower world on the
bounties of God. It appears from the report, that
since the organization of the society, in the spring
of 1820, 251 scholars have applied, and had their
names entered on the school register, of which
number 148 have been regular attendants during
the past summer, 75 of whom have committed to
memory, since the latter part of June last, 2,486
verses from Scripture, 2,468 verses from the
IHymnis and Psalms, and 6,980 answers from the
Catechisms; besides which they have answered
many thousand Scripture questions put to them at
different times and on various subjects. All this,
together with the ,good advice and instruction
given, must, we think, be storing their minds
-with rich treasures of useful knowledge. It will
give afavounrable bias to theirdispositions, confirm
the principles of virtue in their tender minds,
and give them a desire to direct their steps to
the Temple of the Lord. After the address was
delivered, the scholars rose and sung a very
interesting hymn, the congregation singing the
fifth and sixth lines by way of response.
Believing as we do in the beneficial effects of
Sunday Schiols, it is our earnest desire that the)
sues be extended through all nations, and meet the
approbation and encouragement in all places of
the friends of religion. TEACHERS.


For the American.
TO' A P5tETTY LITTLE siU.AKERIESS.
In imitation of 'heT Wfe, Children and 'Friends.'
la this world of ailiction, where nougat is presented
But sorroworrov sorrows, our bosoms to rend,
At the heap ot distresses kind Heaven related,
And elheered up the scene with the smiles of a Friend.
Should the frowns of adversity gather around me,
Aud Despair in his darkest of terrors descend,
7 would laugh at the stornm-for it never could wound
me,
With a sweet little cherub like thee for my Friend.
To lure me away from the path of my duty,


Sh,,uld Venus her fairest of treasures expend,
I will think to miyself-how deceitful is beauty
Unlessit bi clothed in the garb of a Friend.
Ta orthodox faith, every one, tho' a seealot,
To the devil for error his neighbour will send;
My creed leads to heaven-t glory to tell it !
'Tisthis-l believe in the charms ofa Friend.
And Cupid, tho' long from my bosom discarded,
Again if his flight he should thitherward bend,
Every shaft of hii quiver would pass unregarded,
Unless it were shot from the eye eof a Friend,


Tho' his q'ga'n cirryt m :,'e to Apollo,
And the meed of renown on his labours attend,
Yet the poet would willingly barter his halo
For a beam of delight on the cheek of his Friend.
Then bail to the lass of the plain satin bonnet!
May her life be a measure of bliss without endu!
And whenever she deigns fito ,iem.:.,eI' thi. sonnet,
May she never forget that it came from a Friend.
POP-GUN.

LATEST FROM MJEXICO.
Havana, Oct. 14.-Captain Nunez, of the
Spanish schooner Rosita, which anchored this
morning in 14 days from Tampico, states, that
the government established in that port is the
constitutional one, under the name of Inde-
pendent, without any particular alteration ; that
at the time of his departure, it was said that a
division of Iturbide was beaten by that of Senor
Novela, near Mexico.
Vera Cruz, Sept. 21.-Through channels,
which, however, are not to be relied upon, we
are informed, that on the 5th current, an action
was fought in the vicinity of Mexico, between
the troops of that city and the insurgents, and
that the latter lost three cannon and a number
of men; that in consequence, the enemy asked
for a truce on the 6th, and that on the 7th an
armistice for six days was signed by the chiefs
Novella and Iturbide, for the purpose of realiz-
ing the interview which the senor O'Donoju
had requested with the senor Novella; for
which purpose the former set out on the 8th for
the neighbourhood of Mexico, where it was to
take place.
But some say, O'Donoju had not been re-
cognized either as viceroy or captain-general of
the kingdom, by the authorities of Mexico, and
that in consequence hostilities have broke out
afresh. Others say, that the armistice has
been prolongedjfor four months, and that Itur-
bide and Novella have fallen into disputes, since
he was acknowledged by the first as viceroy
and captain general of the kingdom, which had
been previously refused.
But nothing is positively known, on which
adcount every body here is in the greatest con-
sternation, without knowing what is to be our
lot in regard to the determination of the gover-
nor to defend the place as long as he can, and
then retire to the castle of S. John de Ulua,
and there await the orders of the court; al-
though at present there is no fear that the ene-
my's troops can come down, because they are
all occupied in the siege of Mexico.


o striking officers from the rolls of the Mad1y;: but It is tme, a recent occtireDce, connected with parSontles rassen'bleesdans l'eglise avoient ete
if hlie even possessed this power, which we consid- the onm referred to, has compelled me- to take terrassees et jetees ainsi hors la porte.) As
er questionable, without the decision of a court measures I conceived necessary for the charac- soon as lihe came to himself, he returned into
martial, it should be exercised with great cau- ter, dignity and harmony of the government I ad- the church, mrhere he found the c l.mr i.. m f.
tion. We recollect an instance which occur- minister, and which, at the same time, -were the louistiers quite senseless. He ,nrri,,e.j ut.Il.
red during the late war, when a highly mcritori- m..' 2t :a: circumstances would admit. I allude called to his assistance some persons who were
ous and gallant officer, was dismissed the service to the conduct of a number of Spanish officers oniv slightly wounded: they lifted up the cler..
i.. r,. 'r,.identupontheerecommendation ofGen- remait-g here after the cession without my per- an, extinguished hi upper garment, which
.i a, and upon an investigation of the cir- mision,but which would certainly not have been gyan, extinguished his upper garments,cho
cumstances some time after, it was clearly estab- withhef. from them so long as they demeaned were burning, and by means of vinegar resto-
lished that so far from deserving censure for the themselves respectfully to the existing authori- red him to his senses in two hours. He vomit-
affair in which for some unaccountable cause his ties, aid refrained from any improper interie- ed a considerable quantity of blood. He affirms-
general had succeeded in having him disgraced, rence vith the measures of the government. ed that he had not heard the thunder, and in-
he as richly deserved a brevet as any officer who Thisrespect is due from foreign otlicers in all deed knew nothing of what had passed. He
had received that honour on that day.-Floridian. countries.; their situation is materially different was carried to the parsonage house. The elec-
d -...- ih rt. c.fother aliens, and their conduct ought trio fluid had struck the upper part of the goldI
M Oct. 27.-ast Thursday, .l.,.. to be more circumspect. In the United tiimin::. of his stole, whence it descended, tore
MOje TEAsse Oct. 27.-Last Thursay, La- time ago .L,t-.- are severely punished who are guil- .' oi. -.I his shoes, which it threw to the other
jentionesse, thea person whom we some time ago t of writing in a libellous manner of proceedings end of tile church, and-broke the metal buckle.
mVeruont, and to have lied into and been appre- in o --= fi-e. For whatever tends to bring The chair on which he sat was also broken to
headed here, w'vs delivered up to the U. States I. ) ...' .. ... shakes the tUbhic con- pieces.
authorities. This i as it should be-; for w 1en e -'' 1 -.- government, which is On the second day after the event, the cler-
maf-teactors find that they are deprivedofa secure looked upon as the miostsacred.deository of indi gyvman was conveyed to his own house at Mous,
place ofrefuge, it is to lie presumed they il ...- right Hene bot o tse points o tiers, whereit was twomonths before his wounds
abstain from thecommission of the graver specieste .. acti..g as if tey co ied "vere perfectly healed. IHe had a wound, some
of crime; and the refuse of the one erri he no paate body,in an ges broad, on the right shoulder, another
longer resortng to the other, reciprocal opiton s they were gu ilty of great in dis- extended from the middle of tho back part of
will probably be nore "am ourabte. crtietp w g st yt gs
wlproaty e more vourimpropriety, in publishing a most in- the right upper arm, to the middle of thIe exte-
decentlibel against the judicial proceedings of rior side of the lower arm; a third deep wound
Uncommon Czrcumstance.--A correspondent in the highest tribuinaliu the Floridas. Had I con- went from the middle of the back part of the
Barnstable county informs us,' that on Sunday sulted my personal feelings, having entertained a left upper arm, to the middle of the back part
i;gitt i :i, a shoal of fish of the Whale species, to favourable opinion of some of them, arid enmity to of the lower arm, on the same side ; a fourth,
ti,., i..ii.ier of nearly 100, came or were driven none, I should have been disposed to have suffer- less considerable and shallower, was .on the
on shore, on Indian Neck and Beachhill Cove, in ed the act to sink into oblivion. outer side of the lower part of the left shoulder;
Welfleet, on Cape Cod; where they were left by But the dignity and honour of the government asndt a fifth, on the upper lip, near the nose.
the tide. They were discovered early on Monday forbade that .. '-.1.. I ...i, i. .. i -,1,.11 passun- t [j, was tormented for nearly two months by a
morning by a lad who was gunning, and who noticed. Ir sot .p,:tk'"i I .. ,5-.j persons, total deprivation of sleep; he felt his arms
marked 57 of the best of them for his father, and and ask what would be the consequences ifaband lamed, and since that time always suffers by the
then gave information of the others. They mea- of American officers should oiler such an insult to changes of the weather.
sure from 10 to 25 feet in length, and the oil ex- the government of a Spanish province ? But the A little child was torn out of its mother's arms
traced from them is said to be but little inferior inhabitants of the Floridas may rest assured, that and thrown to the distance of six paces; it
to sperm oil. The value of the whole shoal is Whatever may be the impropriety or imprudence and thrown to the distant. The legs of everys; i
estimated at $2500; and the father of the lad of some, it will have no effect upou my feelings to- uncovered in the open ai. Theegs of every
mentioned has been offered (1000 for the 57 wards the rest; the innocentwill not be confound- individual felt lamed ; the terrified woman pie-
marked by him. It is C:,.Ccl-e.j i .i11 nett him cd with the guilty, and all will continue to cxpe- scented a dismal spectacle. The church was
$1500. These fish are known by the name of the rieice the same protection and respect for their filled with a thick black smoke, so that objects
Black Whale fish, and formerly were common on rights which have been heretofore extended, pro- could only be distinguished by the glare of the
our coast, but have not been seen for manany years vided they demean themselves with that proprie- flames proceeding frum the clothes which tfce
past. It is said to be peculiar to them, when ty which becomes every g .:.di .. ..*; 1.i u.:...t ; lightning had set on fire.
they find themselves in shallow water, from fright, anid should any of them un.-.- th.. .l....:..i .. ..i n-i') Eight persons were killed upon the spot. A
or other cause to run on shore and perish.-Cent. nintary passion, or feeling, be dissatisfied with young woman of nineteen years of age was car-
the measures I have pursued, on a return of their ried home in a state of insensibility, and died
SRICHMOND, Nov. 1. soldier judgment, I feel confident they will be corn- the following morning, in dreadful agonies, ;is
Yesterday the Superior Court'of Law were pulled to approve.. her loud lamentations evinced. The number
principally occupied by trying Leroy Vander- Considerations of a personal nature, and the sit- of the killed was therefore nine, and that of the
vail (a free man of cclour) for shooting Richard uation of my family, requiring my absence from wounded eighty-two.
Ross (a white man.) The Jury acquitted him these prince for a short period, I make konwn The priest who read mass was no touched by
on one countof the indictment (viz. thie malei- in the mean tmns, athe ... .,.t ofEas Floris Tdhe pist b ec helmasto e auciF
o u shooting, but fouf the indictment guilty on the ther cis placed under the charge and direction ofJ. W. the lightning, probably because le wore a silk
ous shooting,) but found him guilty on the other D.Worthingfton, Esr. secretary for the same, and dress.
count (viz. the unlawful shooting)-and sea- that of West Florida under col. George Walton, All the dogs that were in the church were


FALL OF LIMA. tenced hfim to one year's confinement in the secretary thereof. Each of these gentlemen is
The editors of the Washington Gazette learn Penitentiary. clothed with all the powers appertaining to the
by a letter, dated from La Guayra, October 8, governors under the-late government of Spain,
that official advice had been transmitteul from G and subject to such instructions as they may res-
the Vice President of Cundinamarca (or N. GENERAL JACSON, peetively receive from the president of the Uni-
Grenada) to the Vice President of Venezuela, TO THIE CITIZENS OF THE FLORIDAS. ted States through me. They are charged faith-
threnat Lord Cochrane's squadron ad entered the The temporary organization of the government flly to protect and maintain all the citizens and
ort f llCochra in e's squadron had enteref the te of these provinces, ..:.:. 1.i.,4 to the act of Con- inhabitants of whatever description in the said
of Limao, in consequence of the capture gress of the last session, and to the powers con- provinces in the peaceful enjoyment of all their
of Lima, &c. by General San Martin. The erred on e by the President of the United rights, .,, .. .: i ... immunities, secured to them
gentleman, adds. *'An expedition of 51 th- Sta .J.h.. la ,. -i .; ... .,. ..., ,, ., *.,:" nnder ths ile tre-Hv with 9si. and ,t .|-" the
English troops in Caraccas., say 300, ar.d ':,... complete, i ....,7 .- .. ... ,,,.,,. i ,,, ti .'-i ..-o M, r tie-
Creoles, embarked on board two vessels of war the reflecting' iman will make due l ...:. same is -I.i..:1 1. I have instructed them
and 3 transports, on the 5th inst. and sailed when he considers that its duration ..I1 I. a1 i promIptly t.. .pu1-..11 1 violatorsofthe law, and to
same day from this port, their destination un- short, and that it is the best that circumstances require of all that allegiance to the government,
known; but I conjecture -.i.'. are bound to would rii. taking into view the difficulties I enjoined in my proclamation issued on taking pos-
Panama, via St. Martha, where they will re- have had to encounter. Where the rule, or law, session of the country.
lieve a reinforcement of 1500 or 2,000 men, is certain, I have considered it my duty to follow ANDREW JACKSON,
and, perhaps, will be commanded by General it strictly, but where this has not been the case. Governor of the Floridas.
Boliva-. in per:-.:.u. as by last accounts he was I have endeavoured to make the best provisions Pensacola, Sept. 6, 1821.
on his .rar,: 1, n.ii place. I have reason also in my power, believing that government of some
to believe that a force from Guayaquil, corn- kind was absolutely necessary. It is my sincere
handed by Colonel Diego Yarra, will hope that the subject will attract the earliest at- From the Portland Gazette.
oeainded by Colonel Diego Ybarra, will co- tentionrcrfit,...-"......_, of the United States, and
operate in the capture of Panama, the fall of the it ,. i these provinces will hre-r Descriptien of the Falls at Lewislon, on the An-
which I consider certain in all this month." lived from the state of uncertainty and doubt, droscoggin River.
which at this moment must :.. .., 1 prevail. To those who have seen many o the large Cat-
MAIL ROBBERY. In the organization of the present temporary go- tracts in the United States, Lewiston Falls have,
vernment and in its execution, 1 have kept steadi- perhaps, little to excite curiosity; but to those
Post-Office, Elkton, Md. Nov. lst, IS21. lv in view the securing to the inhabitants of the who have riot, they would certainly aflbrd great
N.. G. Williamson, Esq. Floridas all the privileges and immunities guaran- gratification, and possess the recommendation of
Sin-There was found last evening, seve- teed to them by the treaty. The principal of begin tthinastr reacbankof the river, just at the
ral articles of clothing, (covered with shavings) these is the protection of their persons, property, tom the lalsn a lare ofck lfts its e
about a mile south of this place, in the woods and relig-ion, until they shall be incorporated
abyt a mieso the tinchiathewb intto the Union, and become entitled to all the pci- leel of te waterbos the fall, which
by a negro hboydiwhen getting chips at the ack vileges and immunities of citizens of the United thirty feet or more above the surface of the
of a new building and believed to have been a ii, :v below. T le side of this rock, towards the
a part of the dres. belonging to the mail rob- tnct ons, I have I ... ..1 I r..n is nearly perpendicular ; but on the other
her, when he committed said robbery; search of our political institutions. 1 have made nodis- side, it falls off gradually in a gentle descent.
has been made in the woods, but nothing more crimination of persons; my house has been sur- The Androscoggin rushqs violently down the
found. rounded by no guards; no one has been kept at a rapids, roaring and dashing among the black
The description of the clothes found is as fol- distance by repulsive formalities ; all have had rocks, and throwing its spray far around. The
lows:-One fine linen shirt, with name cut out; free admittance, and foundla ready ear, when view is delightful from the top of the rock ; but
one pair of fine white drilling pantaloons, darn- they required my aid for the protection of their the spectator may, it' h e chooses approach still
ed on each thigh; one white striped jaconet rights. nearer, by creeping down its rough side ; though
cravat; one white cross-barred pocket hand- 'filThe American government, at the same time fbr his enjoyment he must submit to be sprinkled
kerchief, marked B. E. blue border; one pair that it is the freest, is perhaps the strongest, in the a little with the spray. At the bottom of the
thread stockings, worn out at the heels; one world; because the most wealthy and most power- rock, the scene is still more rich, grand and di-
yellow and white striped toilenet vest, one small, ful in society are as weak in opposition to it, as rslet ; awt lee ought not to be enviedl whoo can
old red pocket book, with most of the leaves the most hmnble and obscure. It knows no dis- behold it without lively interest and profound
torn out, with no name, and Mediterranean sea tinctihoonbetween -g ror ad a peasant a e water, at its fall, is divided into a number
wrote on one leaf; one small guilt watch key, I the course ofmly short administration, one cad of streatns by several large rocks, ,s i e of which
acn six and a quarter cents in cash ; seven o- exetion of that authority which is no respecter of tradition has rendered famous. It is said that a
scene prints stitched together at one end of it. persons. That the necessity should have existed party of Indians, being enr'aged with tile white
Your's &c. ADAM Wt HANN, P. M. has occasioned me pain and regret; and especial, who lived near the falls, formed a plan to come
P. S. Since writing the above, we have dis- ly as it has been misunderstood by some of the in down in the night and massacre the whole settle-
covered, in very faint pencil-writing, in the habitants of this country, from a want of a suffi- meant. They accordingly sent one-of their ntm-
pocket book, Benjamin Edwards, Wareham. cient acquaintance with the facts of the case, as ber down the river to kindle a fire on the bank
well 'as with the character and principles of our above the falls. This Indian was pet by a white,
Important-Pirates taken.-Capt. Wilson, who government. It was .my duty under the treaty, who, suspecting sone evil, killed him, and built a
arrived here this morning in the fast sailing schr. exercising the government of the Fleridas, t.. firae on thns rock. In the night, the Indians in
George Washington, from Havanna, informs, that cure to the inhabitants all the evidence ol .'aiI their canoes moved down the river, aiind suspect-
October 23d arrived at that port, the British ship right of property.-The improper conduct of the ing no har directed their course towards the
Lucies, (60 days from London) a prize to the U. captain general of Havana, in withholding doca- fie, whic they supposed to hare been ihe signal
States schr. Enteiprize, Capt. KEAStRET, re-cap- meats or archives of this nature, from an agent e.- oftheir essenger.They did not dicoer their
toured off C tpe Antonio from the Pirates, and put pressly sent to receive them, increased the neces- danger till it was too late to escape, and they were
in under charge ofa Midshipman ofthat schooner, sity of vigilance on my part. It was made known carried by the torrent down the rapids, and dash-
who informed that the Etterprize captured same to me by satisfactory evidence, that there were ed to pieces among the rocks.
day, fir r s de slepand ordered tlsem documents of this character in the hands of an i On the western side, the water fills perpendic
foar Car to.-Rls Gazettean ere em dividual here, and that these documents were in- ularly, almost the whole distance, and the spray
lor ceissary to establish the right of property in the riles much higher than on the opposite side, in
country. The fact ascertained, my duty was clear, which all the beautiful tints of the rainbow are
Don Joaquin de Avnduaga was presented on and no alternative was left me. The individual frequently to be seen.
Wednesday last to the President, by the Sccreta- was ordered to surrender them, so that in pursue.
ry of State, when. he delihvred his credential let- ance of the second article of the treaty, and of mn
ters, and was received by the President, as Envoy proclamation, the inhabitants might be secure, 13ISCELLAN.EOUS SELECTIOANS
Extraordinary and Minister Plenipotentiary from in their right of 1,'.:-.. I ,. 'The individual thli Ftu Or ENGLISH P.I.PER.S RECEIVE'i AT TillS OFFICE.
Spain.-JVat. Int. 2nd iuslt. ordered to deliver it..,i, .1i: ..I of obeying, as h -l
ought, the commands of the government uudei RlEMARKABLE EFFECTS OFP LIGHTNING.
The supreme court of this state closed its which lie was protected, and which could prknoesiden M. Trencalye, vicar-general of Digne, has
October term at Utica last Saturday. The fol- of the United States, shifted them into the hamdi sent the following narrative to the Academy of
lowing gentlemen were admitted as attorneys and of the person who lately administered the govern- Sciences at Paris. He remarks that the light-
counJsellor s : iment of this province, and who had been author- ning struck the church while tile bells were
Atllorne is.--F.G. Jewit, H. D. Barrow, Hiram ised by the captain general of Cuba to ;.,.. i.. .1 'ir'hg.
Deiio, Junie L. Cole, John Jay Hlinman, An- the country agreeably to the stipulatic, .. Ih, h. village of Chateauneuf is situated in the
thony Blauchard, Daniel Dewey Barnard, Fre- mine of Dige, in the department of te
derrick Whittesey, Orange Butler, 11.. 2 ., treaty. eonnnune of Digne, in the department of the
dericklWhittlesyOrage Butlerz, II_.. .." This person, whether from misapprehension or Lower Alps, south-east of the little town of
Cornelius L. Allen, Ebenezer I. Ov.i.e, front worse motives, considered himself not re- Mousliers, which is known for a very excellent
Charles F. Grim, Meredith Qgden, Orville L. sponsible for any act of his to the government of minufactory of earthen-ware. The village

Holley, Edwn G. L~i. t,. Chles Waldo the Floridas, and appeared entirely insensible to stands on the extreme point of one of the first
Counselors. Oth .E Ab,,William ax- the impropriety of not having made a delivery of Aps, which -ise ampitheatrically above Mous-
wSell, George C. Edwards, Abraham Payne, these documents oF his own accord. Whatever di- tirs. It contains, besides the church and par-
SamuelDai, Richard R. Lansig, Richard plnat c,. ,. he might have been entitled smage, fourteen houses, on at eminence which
Ward, James Roosevelt, juts.*Daniel B. to, these privileges had ceased oil the surrender is cut of by the angles of tio otlie mountains,
Talniadge, Campbell Bushnell, Charles Hum- of this country, and he was then not known to meof two oer mountains,
phrey, Orlando Hastings, John Bradish, Thomas oreco a vin thehan one on the east, and the other the west. The
Addis Emmet, jur. Samuel A. Brow, Zephaniahthose of a common individual. It was not enough interval which divides the village from (he
Platt, Joshua A. Spencer. tr him to consider himself a public agent of tle u tt"ntain to the east, is so narrow and deep that
Circuit courts are ordered to be heldin Dutch- kig 0of Spain, and reside here for the purpose of the sight of it inspires terror; 105 scattered
ess on the 16th of April next, and in Orange on trnsacting ollcial business with the agents of the huts, chiefly' on the east side of the mountain,
the .2d of April. United States, but it was necessary that he should contain i population of 500 souls.
have made known the object and purpose of hbs. On Sunday, July 11th, 1819, M. Salonne,
Oar Army.-It would appear from the general stay ; had he done so, he would have been in- clergyman of Moustiers and episcopal commis-
order "from the Adjutant General's Olfice of the formed at once by me, that my own functions sioner, came to Chateaneuf to induct a nnw
16th August, 1821," signed "by order of Major having ceased as commissioner, no one but the rector. About half an hour past ten, the pro-
General Brown," that Robert Butler, who was president of the United States had any power to cession went from the parsonage to the church.
placed upon the army register of the slt of June give him permission to remain here as a diploma- The weather was fine, only there were some
1321, as Col. of the 4th Reg't. of Infantry, and tiw agent, ... -. :'., privileges of a foreign mi- heavy clouds in thie sky. The new rector had
who was regularly mustered is such, has been re- sister. The natural consequences of his conduct beoun the celebration of mass. A young man,
duced from that grade to that of lieutenant Col. are too well known, and need not to be detailed, eighteen years of age, was singing the epistle,
of the first regiment. We are at a loss to conjec- With the exception of this solitary instance, I feel when three claps of thunder were heard, instan-
ture under what authority this singularpromslwuon the unnost .confidence in saying that nothing has taneously succeeding eah otwee her. T massta
backwards has been made. That General Brown, occurred, notwithstanding the numerous cases i tok as torn out of his and and rent to mass-
or even thile Preideut himself, has the power to which I have been called upon t interpose my a he felt the flse n hi ichi on
degrade any oilicer except by the decision of a authority, either in a judicial or executive cap:,- -c.s : he felt the flame on his body, which soon
court martial, by -ny law, we most pos lively de- city, o casion any thing like distrust, discon- caught him by the neck. At first, lie cried
sy, and we can scarcely believe t po si .l that tent or wa.ti of confidence, and I ..-....... fii t. aoud ; but he now closed his mouth by asn ili-
ihe President oi the U. b. has g -'eni h:s: nation this occasion to express my satisfaction with the '.lunitary motion, was thrown down, and rolled
to a proceeding so outrageous, and so rn:,.olting to peaceful, obedient and orderly conduct of a;u towards the people assembled in the church,
the feelingsof an honourable officer. The Pt si- those whose allegiance has been trane!'f-er to' i bu alo sunk upon the ground, and wvurvc
dent has iu some instances, exercised the power the United States by the iessioa of the comer c- cast out of the door of the church-(Toutes les


found dead, in the positions in which they were
at the moment. A woman ho was in a hut on
the Barbin mountain, to the west of Chateau-
neuf, saw three masses of fire descend in ra,'id
succession, which seemed as if they would de-
stroy the whole village. It is probable that the
lightning first struck the cross on the steeple;
it was found in the cleft of a rock, at the dis-
tance of sixteen meters. The electric fluid
then passed through a vent which it made in the
ceiling- of the church. The pulpit was split to
pieces. In the church there was a hollow or
channel, half a mile int breadth, which passed
under the hbunlation of the church, and extend-
ed to the navemeut of theu street. A seco. d
went to a stable, lower down, where five sheep
and a man were found dead.


of different Seas.-The principal ingTedionts is1
sea-Viater are wellH i'own to bt..niu"ria.te of soda
and muriate of miancisia. It also 'oui.uia sul-
phuric acid and lime, though int what state these
ingredients are included is 'not ascertained, as bi-
nary compounds are liable to be influenced by
heat and concentration in the very processes
which should determine the question u but it is,
supposed most probable that the salts in sea-water
are, muriate of soda, muriate of magnesia, muri-
ate of lime, and sulphate of soda. The whole re-
sults of the analysis of the numerous sea-waters
examined are represented in tables annexed. It
appears that all the different seas contain the same!
impregnations, varying in their total amount only,
and bearing the same proportions to toe a. other,
except the Dead Sea and the Lake Ourmina, which
are mere salt ponds, unconnected with the ocean,
This most elaborate and ingenious ineCoiri con-
eludes with Dr. Wollaston's discovery of ,botash
in sea-water, by means of muriate of plati'.a, if
the water be reduced by evaporation to 1-8thi.-
The precipitate of muriate of platina and' potath
being mixed with a little sugar, and heated, the
platinasis reduced; and muriate of potash mnay be
separated by water, and'the natureiof its base be
shown by its yielding crystals of nitrate of potash
with nitric acid. The quantity of mere potash is
less than 1-2000 on the average.

Vienna, .usg. 19.-The following are the cir-
cumstantial details of a very remarkable affair
which took place near the Convent of Statina,
between the Greeks and the Turks, to the great
disadvantage of the latter :
The Convent of Statina was inhabited only by
seven Greek monks. It is surrounded by a very
high wall. Ninety-seven Greelk. -, i,.r i. orders
of a Servian captain of their c.us '.., ,, called
Anastasi, had thrown themselves into this convent,
where they were attacked on the d25th of July by
1,500 'Turks under the orders of a UL..- h-i,
(chief of 1,000 men,) to whom three Jews acted
as guides. The Greeks placed behind the battle-
ments the most experienced marksmen, to whom
t ie rest -i,.i;,1:d 'nu kets loaded without inter-
ruption. .i fi.'-1I i,': 3 Jews set fire to baskets of
corn which were placed near the wall, anol the
wind soon spread the flames into the court of the
convent, and the convent being constructed of
wood, was soon consumed. The Greeks, how-
ever, did not give up their resolution to defend
themselves. In the wall of the convent there
was a small old door, and. ti.r,.i.ii i't .:.... .:.F ti,3
monks escaped. The Turl':'. .:,::...,: tli ,--'
penetrated by it into the .:n.m u. 'I. -Ihti thi.u
assembled his followers in the church, and barri-
caded the door as much as possible, while they
kept up an it.. .-,=. fire from'the roof of the
church, which was partly wrapped in flames:
but those who remained in the court, and who
could not withdraw in time, were overpowered
by numbers, and all puttothe sword. The Bim-
bacha then summoned the Anastasi to surrender,
promising him pardon, which the latter rejected
with disdain. At the same time a ball from the
roof laid the Bimbacha dead on the spot. Imme-
diately a Turk cuit off his head, and carefully
wrapt it in a piece of cloth to show that it had fal-
len in battle.
tMeanwhile the flames, which enveloped by
degrees the roof of the church', : .. i iU Go'eeks
to descend. The Turks penetrated into the
church-the 'i..,1it round the highh altar, and,
the Greeks ...i.i ., u1 their fire with suchi'effect
that the Turks demanded an 'nruisticc, which was
only granted them on condition of immediately
i ti,n i;...'. The Turks lost 372 killed, and the
'. I I killed and 13 wounded. The seven
monks were killed. The three Jews fell into the
hmnids of those Greeks, who nailed them to t he cros


On, the Specific Gratl/y and Temperature of Sea after having torn the skin from their bodies, and
Waters, in ... .,. parls of the Ocean, and in exercised on them other barbarities.
particular s... 30, some account of their Saline, 'The 80 triumphant Greeks, after having laid
Contents. By Alexander arcel, 11. D. F. R. S. lown their arms, passed the frontier of Bukovina,
While analyzing the waters ofthe Dead Seaand an.l were sent by an oelicer of '.tr:.. ,.
the river Jordan, about twelve years ago, and to Bozance, where they safely .,i 1.1,-d C h1t1.'buh
conversing on the peculiarities of these waters of July.
with the late Mr. Tannant, Dr. Market conceived
that a chemical examination of different seas, in a T T S PEY
variety of latitudes, and at various depths, might TO THE SPIRIT .OF POESY..
beinteresting; and, aidedby Mr. Tennant's advice, 0 Holy Spirit, oft when eve
it was determined that thev should submitdifferent flat slowly o'er the western sky
specimens to chemical analysis. Of the valuable H"er gorgeouspull t, gun to weave
assistance of l. o s .nit. Dr. Marcetswas de- Of gohl aid ciinisoi's, ichest dye;
assistance of .. ..,,.,ll. rI've thought the gentle gates thy breath,
prived by a well known deplorable accident; The murmuringofthe grove thy voice,-
which would have occasioned the intended analy- And Heaven above, and earth beneath
ses to be neglected, if the Doctor had not derived In thee seemed to-rejoice.
a new stimulus to exertion from some valuable Sweet visions then,. that sleep by day,
specimens of seawater, which were furnished by Thy magic wand hath made ineuown,
the late expeditions to the arctic circle. As brilliant as the clouds that play
A!'ove seventy specimens of water from differ- Around the sun's descending throne:
ent seas were collected, and the author's object And I have striv'u in many a song
To pay my homage at thy shrine,
was : First, to ascem'tain their specific gravity: A o thes offer, o a throng
which was determined in the usual mode, by Ofljose, hy thee tuiade mine.
weighing equal bulks of sea-water and distilled What tho' the id!e wreath would fade
water in a phial with a perforated stopper.- By weak, tho' iii;,,- i'.Igers twia'd;
Smaller weights than l-20di of a grain were not Soon gatlier'd to ..1 ii... 1 shade; "
employed; and hence, when smalle' weights are Not less the task would soothe my mind.
set down in.the tables anuexed, in the sixth de- Inspir'd by thee, I cens'd to pine,
ciMal figure, such very minuIte parts must not be Nor thought on aught that cross'd nimy bliss,
nunderstood to have been derived from actual ex- And borne to other worlds of thine,
periment, hut only from cah'ulation, by the con- Forgot the pangs of this.
version of the weights actually obtained into the But this was all in earlier days,
usual standard of 1000 parts. Met boyhood's hopes were wild and high,
Several contrivances vere invenutedt for raising ., .: sun blaz'd lo' the sky ;-
water from the bottom of the sea, t,: improve the But fate anmd circumnistanee forbade
instrument for this purpose employed by Dr. The noble, tho' presumptMous flight;
Irving: which consisted simply in a cylindrical Those hopes are blasted and decay d
vessel, having an opening at the top, and a simi- By disappoiutmient's blight.
lar opening at the bottom, each closed by a flap My soul is daring, now as then,
or valve opening only upwards, andmoving freely t'ho' fnte denies its strong desire-
on hinges. When this apparatus was sunken in Still, still I hear the voice within,
the sea, the valves would of course be kept open The h a ..' i.. that cries aspire l"
by the current of water passing freely through Itn l I.i-,- gut's distcnmpe'd eat r
the machine, as long as it descended ; and, when Wheu' sound his couch dims-hovering,
drawn up again, the valves would be kept closed His crimmmes, like ghosts, appear.
by the water :anttmig in an opposite direction.- Ani, aye, some demon in my sight
'PThis instrument did not entirely exclude water in Displavs what wreaths for others bloom,
ascending, owing to the oscilltiouis which were Thle fatuse thal gilds their life with light,
liable-to take place. Alterations were made in The halo that surrounds their tomb ;
order to remedy these defects, and even now in- Andi Iae, p eisumptious fol!" i' e cries,
ventions,' here fully described, were substituted : Uolhonour'd-blet thou ne'er shalt be-
the results obtained with .. I to the specific "Bu uIle hor ever, there to rise
gravities of sea-water are exhibited in tables, V l' ere spring no flower for thce."
each accompanied by some collateral informia- Ohs, Poe"y thoutIoo hast now
\\It'-stthr.iwn thy wanted influence,
tion ; and many inferences are thence drawn, of Wei sedr ee ty teoduc gloe
which a tlw may be noticed. To renovate miy aching sense.
The ocean in the southern hemisphere is more No more thy dreams before imce pass
salt than in the northern, in the proportion of In swift succession; bright ault fairly
1029.19, to 1027.57. The *..-..i'[-. .- .. fequa- And wnli I would unveil thv glass,
trial sea-water is 1027.77. No satisfactory evi- Thou show'st mei but Desplair.
dence occurs to show that the sea, at different Whenever now I seek the bowers
depths, is more -I .... 1 impriegnated with salt Where f hucy led my steps to thee,
than it is near to '... ., i ....: exceptt under' p ec- Betforc my eyes a desert lours,-
liar circumstances, that may be explained. In The cold reality, I see.
general, waters of the sea contain more salt in No ray of thine ioilumies morel
places where the ocean is deepest and farthest Which once could gide umy spirit well
frosns lad ; aid, larg'uo masses of ice seem to have 0 er every ill to soar.
the same effect as land in diminishing the saltness By all the intense love of thee
of water. Generally, small inland seas are much s Which fires umy soul, and thrills my frame,
less salt than the open ocean ; as in the cases of By tears si.- i % li, ....rds tobe,
the Baltic, the White Sea, the Black Sea, the Whein I...in. -. In. '. have no name,-
Sea of IMiarmora, and the Yello'w Sea. The Me- Return, return, by theie upbhorne,
diterranean is an exception to this rule, but we Aind by u yet uuvanqUish'd will,
have not roo for the ingenious explanation of Th e triupant still.scor ZARACH.
this deviation. 01 the waters of thle Atlantic, Jauly, 1821.
the author has not been able to obtain conclusive
results. The unfortunate traveller, Browne, who ,iix i.,
was murdered, sent a most interesting specimen On Sunday evening., hb tine Rev. Mr. Maclay, Mr.
of water from the lake Ourmia, or Ururnea, in ftBliiatninm Clapp, of this city, It Miss Ruth HIongh-
Persia, near -Mount Ararat. This hike is, by .''i, dusliter or Deacon Jason Houghton, of &dil-
comoutation, 300 miles in circumnierea'ei *e, is so 0'o di ass.
sAlt that fishes cannot live in it, and has a sulphu- G.. ,,', ;.. '. "I <-i ev.R'.Y Mr. 1taclay, Mr.
reous smell. The specific gravity was 1165.07. t Miss Louisi IHpkims.
Except the Dead Sea, this is a greater specific LVE yPECT.-C.LE .41VYUFCTORY,
gravity than any other sea possesses. The ir,- NO. 38 MAIDEN -LANE,
berg waters of the northern regions are nearly N.11. ,NAssAU-ser.
.pure, the specific gravity bcmig 1000. !i. the t -AMES DEAMER (Successor to J. AnderA
northern expedition, Liuut. Franklin generally ) soui) has for sale, ofhis hmvn ianniacture, agen-
found the sea to be sensibly warmer a great eral assortment of ('iohd, SiKver, Gilt, Plated, 'Tor-
depths than near-to the surface, by lfur or five mImise Sheli, diiiu Steel mounted Spectacles, with con-
dey-ree-; iand these observations have ben icoun- cave, Convex, or Green Gi'las,.t:s; Concave Glasses
firmned ov other respectable naval oiuicers. De li he' short, si.hited, mounted in various ways;
Luc first, anld next Blahlen, observed that in 'mI"l 5" f-si, ra iu erk ers ; eactinGl tasqes .o Lye
freezu:g water it ceased to contract when iti Pu ic Popsv erPun XvLs olassesTls-
reaiched thie 40lth degree, and tlen expanded ciopes ; Thcrmnonmetrs: Biaromneters : Cases of Ma-
:a.radually downwards till it became solid, when thculatical lastr i,'nts-, and a general assortment
ii u.iderwentt sudden considerable expan .uo.-. ois Opticnl Insiruumennts, with a variety of. Spectacle
Sea-water of 15527 remains fluid till cooled to Ie- Cases.
tween 18 and 19". t contra:ts till it reaches Aode, sn elegant assortment of Fa.ncy Walking
Sand.then expandsalitle till it fil to 1s0" or,C t 'an iasmoute'd with golt, silver., ivory andm brck
" i then s a ddely freezes, and rises s mut t o .wirth witei, wordsd. 1All he above arti-
.19, when it s ldddmly freezes, tand rises 2, 'c.-s wlhiolh'a ah ;nI retail. 'riot all mladt au repaired
whiqre it remains. to order. New Glasses itttel to old frames,
Secondly; Of the Saline Contents of the Waters may 7









.. s--. .as7 ien toi support lie ether' caufdidats, if
T.rttrariTE- on 'rTIE ATMEnICAN,] tile bill could be carried through that house also.
A UO T'N'VTIOJD The time of their conversion from one side to
.- TOBER 31. the other could be precisely ascertained, if you
'Th :.n.-ientio assenhicd, and the journals .could know at what time the clerk of the
"e 'ycate.ay wVere read and approved. senate was on yonder Mosaic pavement, with
iTbe 14th eetiai of tihe report of the corn- the engrossed bill under his arm.
riitce o 'thle Whsie, on the legislative depart- If this plan be adopted, the legislature will
mnt"t relative to religions liberty, and the hereafter be engaged in shuffling the quaker
-mainieoanep of ministers of the gospel) being question, and thie conscientiously scrupulous
under cns'sderatmin, Mr. Spencer moved, that question, previous to a governor's election, as&
wvheen the question shall be taken, it be taken they have heretofore done.
by ayes and noes. Mr. R. said he bad hoped, that something
mny 'lleing for the aves and noes, Mr. S. en- would be done by this convention to put a stop
tered into a full discussion of the question, to this system of 'electioneering; that when a
whetlierthe christian religion is a part of the farmer returned home from Albany, and was
law of the land- and declared it to be his de- asked by his neighbours, what the legislature
'aides and deliberate opinion that it was. In were doing, be need not be under the necessity
'Sntport of his views, he adduced several deci- of saying that they were electioneering. He
Fs5s in courts of justice, whereshe principle hoped that the constitution would be so amend-
te contended for was recognized. HIe dissented ed, as to redeem the state from these imputa-
from his -honourable colleague (Mr. Kent) thai lions so justly bestowed. I
decisions in cases of blasphemy ar- placed upon The patriots of the revolution, in forming our
the gre'und, that :,uch offences are against good present constitution, exempted Quakers from
Morals, military service, provided .they would pay an
Mor. p'iI(I-.L N1.V, made a few remarks, in equivalent; but our ; -, ,.ia.e have passed
which he disagreed with the gentleman from laws from time to time, till they at length came
Albany (Mr. Spencer) with regard to the perni- to the conclusion that their services were good
Im-".' t.1r. .,.vy of the latter clause of this see- for nothing, and that a...,tim. aa.a1.i be an am-
tion. pie equivalent. This lI'" h -.:;. I boil.i branches
Mr. KENT dissented from the opinion ex- of the legislature, and went through the coun-
pressed both by the gentleman from Queens oil of revision, constituted in part of the wi-
(Mr. King) in the debate, of yesterday, and by sest and greatest jurists in our state, without a
iii honourable colleague (Mr. Spencer) who word of objection, notwithstanding it was in
had just spoken. He believed they were partly the face and eyes of our constitution. Now
in an error oa this subject. In one sense the if these wise men, who were set as a guard
christian religion was a part of the law of the to prevent the legislature from encroaching up-
land-it was so interwoven with our institutions on the rights of the people, could not prevent
,sentiments and feelings, that it was in effect, this violation of the constitution-how are we
recognized as a part of thie law of the land. to expect our governor, who has now the on-
lit reformed no part of our political institu- ly veto upon laws, to withstand those Quakers,
tions; and the bible itself had never been anid be conscientiously scrupulous ?P
established, as constituting a portion of our Mr. R. had hoped that a remnant of the old
lws. Blasphemy was punished as an offence constitution would be preserved fiom the ruth-
contra bonus mores. This. would be. evident less hand of power and ambition-that the
from the consideration, that a person could not force of political and religious hypocrisy would
be arraigned for expressing the most sceptical not have swallowed up the last remnant of lib-
opinions, provided it was done in a decent erty and equality in this community; but the
manner. The gentleman in his rear (Mr. present plan was calculated to increase hypoc-
1 m1 ,. lut,.ha.ilt.dh-l had the right lhe contend- risy, and the legislature would be obliged to
td ot1r to discuss "any religious subject with gratify it, or lose a great number of votes at
freedom, if in so doing, he did not offend good every warmly contested election.
Tremrals. M"r. SPENCER remarked that the amend-
Thie question on striking out was then taken ment offered by his honourable colleague (tlhe
by ayes and noes, and decided in the afflima- chancellor) had for i,,m:.-,.-. ,.a fix a maximum,
ytie as follows s' beyond which the legislature should never go,
AYES.-Messrs. Baker, Barlow, Beckwith, in imposing fines a. have consc
Breese, Brinkerhoff, Buel, utrroughs, Child, tiois scruples against bearing arms-tiat it
Clyde .I t Cramer, Dodge, Dubois, uer, shall never exceed the value of services of an
Dyclkaan, Edwards, Fairlie,Fish, Frost, Iallock, able bodied militiaman.
Rees, Iluiter, Hunting., Huntington,Hurd, Jones, The gentleman from Delaware had endea-
Kent Knt,', 1 .nsTsi. Lawrence, Lefferts, A. Liv- voUired to enforce time idea that these Quakers,
a', ..,, tint "',. ',.tat ,.. Moore, Muniro, Nelson, who are considered as having scruples as to
S*,.,,.i' ',._ I.t. 1.I 1'. 'te r, Puitpelly, Reeve, bearing arms, are a set of the most vile hypo-
,, ,I I., 1'. 11, Rogers, Rose, Rose- crites. He did believe that if there was ever a
brgh,li Russell, Sage, Sanders, N. Sanford, Sharpe set of men seriously and conscientiously scrupu-
Sheldon, I' Smith, R. Smith, Spencer, ... lous against bearing arms, it was this sect of
7 1t.. T. .. I..' Tent li i a. an christians called Quakers. We ow oto tSoi'
i,,.i:,,, ., .'.. LVan .. :..: .:,', '. Van class of men the first step which was taken to-
ensseclaer, Vearbryek, Ward, E. Webster, We a- yards the abolition of slavery in this country,
lover, Whaaton, E. Williams, N. Williams, and as far as we are acquainted with their opi-
NWoonEasrd, Yates- 74. r gs,nions on this subject, we have reason to think
BrookES-, Campesstr, Careion, th'. I '-, 1 tem Very sincere. Thev abstain from [hle use
Brooke, Eastrpetod, FCarveto, erris, ogeboo of sugar and molasses, and all other articles
owClarke, Ei iood, Fe1. P-.R. Livings- whichare produced by the means of slavery.-
tHo.e, 1.. L i u i .hards, Root, (Here Mr. S. was called to order by the Presi-
oss, Sancrd, St'heink, Seanuan, Secly, Steele. dent, as being off of the subject under consi-.
Sw fl 'i'lTaor T'ownised. Tripp, Tuotle, Van deration).
F. i V'. orne, Wheler, Woods, Wooster, Lr. S. thought the gentleman from Delaware
y.. -- (Mr. Root) had gone so far in slandering these
The i3th section (relative to bearing arms Quakers, that it was his duty to offer his opi-
and conscientious scruples) which was yester- hionma on the subject; and he hoped it would not
day postponed, was read. be considered out of order.
Previous to entering upon this section, The The manner in which fines had been hereto-
President slated, that the resolution relative to fore collected from these people was well un-
apportioning the members of assembly, yester- derstood, and it was a fact that property had
day offered by Mr. Wheaton, and ordered to been sacrificed by these to a very considerable
lie on the table, bad not been acted on. amount; anid there was no way of collecting
Mr. VAN NESS called foran explanation of them but by distress. These men are also
the nature and object of the resolution., abridged in the right of suffrage; by neglect-
Mr. KING explained, and expressed an iig to do military duty, many of them will lose
opinion that it was necessary to make this ap- the privilege of voting; and there is not tie
portionnuet before the new constitution shall go least probability that men will turn Quakers
into operation. merely to get clear of military duty. This was
Mr. VAN BUREN thought it would be a subject which might be safely left to the le-
much better to leave this subject to the legisla- gislature to determine ; and it would certainly
tire. The only inconvenience would be, that be much more appropriate for that body to de-
ftle fist legislature under the ameunded con- cide the question, than for this convention, un-
stitution would be elected according to the der existing circumstances, to do it. Should
present apportionment. this proposition contained in the report as it now
Mr. E. WILLIAMS remarked, that if this stands be sanctioned by the convention, it would
course were adopted, thie western part of thie certainly appear as if the disposition of time mra-
state would be deprived of fourteen members, jority to oppress the minority was so great that
to which it was now entitled, in making the we were afraid to trust our legislature to the
apportionment. management of our own affairs.
A few remarks were made by Messrs. Ward Mr. RI. CLARKE was opposed to the amend-
and Wheaton, when the question on the reso- merint. No person would more reluctantly in-
ittion was taken, and lost. w fringe the rights of conscience than himself;
The question on the 13th section of the re- but he could not believe, that any part of the
port under revision, relative to the imposition community, who shared equally in the benefits
of military service, or an equivalent therefore, of the government, could be equitably excmpt-
upon persons professing to have religious ecru- ed from contributing, either in military services
.h.1, -,.- ..-1 bearing arms was then resumed, or in money, to its support, and to the protec-
t hi,. 1.'.,-_iT remarked that he had not been tion of the country. The sect called Quakers,
benefited by the debate on this subject, (having in many cases, did not scruple to avail them-
been absent,) nor could he enter on the subject selves of the profits growing out of I.aih'..'
'with a great degree of confidence, since thie operations. The precepts of Christianity, by
object was toestablish a hierarchy in this state. which this sect professed to be governed, requi-
The object of the proposition before the house red us to render unto C'esar the things which
,was, as he understood it, to free all thIe consci- are Cesar's.
entiously scrupulous from the performance of Mr. DODGE asked the honourable gentlc-
nmilitary duty, on the payment of an equivalent man from Delaware whether the correct con-
for it. Suppose we should get this hierarchy struction of the word equipment would not
established, and agree to free all the conscien- compel the Quakers and others who have scru-
tiously scrupulous, will not the legislature here- ples of conscience to pal the amount of a mu -
after have to act thcir part on ths subject, in ket and equipment every year. Tihe ans,,ur
order to favour all those who may claim to be the gentleman had given, that they should pay
conscientiously smcrupulous ? We arc about to for the musket the first 'year, and thIe interest
exchange a military force for a hierarchy.-- of it a'terwardis, involved thIe absurdity that
This will prepare our country for future defence the constitution we should make would have a
against aa invading enemy. We have now by- dil'erent consunuction one year from what it did
pocrites enough among us; and let tlis provi- another. The connexion between thu words
mion be adopted, and we shall make more of time, money anil equzipments made this construc-
them, by inviting men to come forward and say lion the true one; and he had no doubt that
that they are conscientiously scrupulous about the legislature would give it that construction.
bearing arms. What will be the consequence 1e agreed.with thie' gutlenmaun from Delaware,
of this? Instead of beiug able to send out on his right, (Mr. Clarke) that they should pay
an army of militia, wsoe sall lIave to semd a some comn mutation; bit it should cot exceed,
band of crusaders to meet tthe eneany.- at least, thIms olfoier citizens.
These conscientiously scrupulous, after being Mr. E. WILLIAMS followed in the debate,
exempted from military duty, will be ready to and spoke at cotsiderable length in defence of
e ng a'ein crusading. If this convention who the society of friends, and against the section
have assembled for the purpose of amending as it now stands. It was in violation of suma
our constitution, continue to go on in this way, of the plainest principles of our government ,
where will you find a man, whose bosom burns ivhich recognized the rights of con-cieice and
with a love of country, that will vote for thIe scruples against bearing ams. If scruples of
constitution when we present it? Not a man conscience are ever acknowledged to be sin-
that will surrender his liberty upon the altar of cere, why should they now be violated, aud a
wanting hypocrisy. We have had sufficient whole :. hi, ....,. sect be-u t, ,, .1 1 ,. ,' .
evidence of the effect produced by this exemp- Were they not as likely to be as honest and
lion, from the experience of the last twenty-sik sincere in their professions as any oLhor class
years, during which Mr. R. Lad been an in- of Christians ; and should we act upou the sup-
habitant of this state. Previous to every go- position that all religious professions were hy-
vernor's election there has been a Quaker pocritical and false?
petition before the legislature; and when the Mrh'. KENT withdrew his amendment; and
struggle has been arduous, they have always a motion was made to strike out the words
turned out to the polls, and the party who was and equipments,"i near the clos.' of the sec-


willing to give the highest price, has always tion, and insert the word a.d between
secured their votes; but those who have under- '"time" and "money," so as .to read 'an equi-
taken to purchase them with a price, have valent, to be estimated .. ... rJ.. to the ex-
generally lost their supposed equivalent. An pease inL time and money."
evidence of this was exhibited at the last gover- Another debate eased, in which Messrs.
nor's election. A bill was ushered into the Sharpe and Briggs paruteipated; the formein
house by a particular party, to exclude the against exempting Quakers from military duty.
quakers from military service, and also from o'i r an equita'ile equivalent in money, and ttio
paying an equivalent therefore. At that time l latter in vindication of the rights aund libertie'
the dominant party in' the assembly was of of conscience, whan the motion on striking ou:
different politics from the dominant party in the and .- i '. ,as put and carried.
senate. The bill was carried through the MI -"'.-"'-ER moved to strike out tls
assembly, anud when the engrossed bill was words "and money."
going from the lower house to the senate, a The motion was opposed, at some length, by
change of sentiment was immediately wrought Mr. Root, when the question was taken ano
itt thee qconUieUtiously scrupuloIs, cand a pledge lost.


KIT. i T *. I t ea move _.-. 0: .; ..r alI {hat R. LhBgstg ,- -T*"'-." i, *i.,1 .1 : 1'.1.r e, M unro.
part of the section after the word mTn. e-mn Nelson, Park, I -i ln.. i ..., ..*:..r, Porter.
,bracing the following clause-i :.: i.-..l. Price, i,ir.-11;. Radcliff, Reeve, Ricnhards,
ture shall provide by law for the ll,:. .,. R ckwel.. v. Root, Rose, Rosebrugh, Ross,
such an equivalent, to be estimated :.- ..-. Se ader, N. Sanford, R. Sanford,
to the expense, in time and money, of a ordi- he Seaman, Seeley, Sharpe, Sheldon, 1.
nary able-bodied militia an. Smith, R. 7:, an :.":. arkweather. Steele,
nary -bletrbod m,. o- m":n. D. Sutherlbid, 1.. t,, i. -!, '. Swift, Tallmadge.
Mr. YOUNG thought it was going to. far, D. Slte.Eyrl Townley, Towusend, Tripp,
to strke out tins part of tie second, anhere- Tuttle. Van Buren, Van Fleet, Van Horne, Van
by exempt froni military duty, not orly tie Ness, S. Van Rensselaer, Van Vechten, Verbrycek,
Quakers who were exempted by the oldonsti- Webster, Wendover, Wheaton, Whee-
tution, but all others who may rise up ind soy ,, Wl.-.., Woodward, Wooster, Yates, Young.
that they have scruples of conscience t.,..r- -110.
iog arms; and not even demand an equiva- NAYS.-Messrs. Dodge, Hunter, Kent; Rhine-
lent in money. If the -0a.r,:, .:,rf -e gentle- lander, Spencer, Sylvester, J.R. Van Rensselaer,
man from Delaware is correct, thi.e i '-. E. Williams, N. Williams.-9.
who do come forward with this pretence, for no The 19th section (securing persons in their
other purpose than i' te e.,.- ..ad-- f.:.:. i.'. ili- houses, papers, effects, &c.) was read.
tary duty. Mr. Y. said he had as much sym- Mr. VAN BUREN moved to strike out the
pathy for Quakers as any body, but he L-... section, as being unnecessary. Carried.
that sympathy had been wrought up t :. a On suggestion of Mr. Root, the 20th section
pitch in their favour, that we wee ee .. (requiring the militia to be in strict subordina-
ther than the nature of the case would .J.,t t nn t e i oita w expunged. i
The sum which they wore called on to pay an- T:,,e u t on the whole report as amended
nually was trifling. It never had exceeded four ... ivn, o end CA oIrED as follows:
dollars, and as to their ... ,.,,:i so much, :by tt c state shall be divided into eight
having property sold, he believed ,, ,, be called senate districts, each of
mistake;. it was generally bid off' ....,.a, -h -I,,n chose four senators.
who afterwards was willing to restore it and to The firt district to consist of the counties of
receive back his money le was .,., Suffolk, Queens, Kings, Richmond, and New-
the constitution should be so organized as toop- York
Crate equally on all classes ; the present plan The second district to consist of the counties
would render the militia system very unequal, of Westchester, Putnam, Dutchess, 1tockland,
unless those who are exempted from personal Orange, Ulster, and Sullivan.
service can be compelled to pay an equivalent. The third district to consist of the counties of
Is it not as hard to call on other young men, Greene Columbia, Albany, Rensselaer, Scho-
when they come of proper age to euter the harie, and Schenectady.
aharie, and Schenectady.
ranks, and demand that they equip themselves The fourth district to consist of the counties
and appear upon the parade; and if they do of Saratoga, Montgomery, Hamilton, Washing-
not comply with the command fine them., andif to, Warren, Clinton, Essex, Franklin, and St.
they are not able to pay a fine imprison them ? Lawrence.
We are told that these men are excluded from The fifth district to consist of the counties of
the right of suffrage. Who does it ? They do Herkimcr, Oneida, Madison, Oswego, Lewis,
it themselves, by not complying with the re- and Jefferson.'
quisitions of the law, as other citizens do. Mr. The sixth district to consist of the counties of
Y. was perfectly willing to excuse them from Delaware, Otsego, Chenango, Broome, Cort-
bearing arms, but must insist that they pay an land, Tompkins, and Tioga.
equivalent, and no more. In the time of war, The.seventh district to consist of the counties
they arc excused from going to the field of bat- f Onondaga, Cayuga, Seneca and Ontario,
tie; whilst others are compelled to turn out, and The eighth district to consist of the counties
risk their lives to protect thtern and their fami- of Steuben, Livingston; Monroe, Genesee, Ni-
lies at home-and will t 1hey not pay an equiva- agara, Erie, Allegany, Cattaraugus, and Chau-
lent for this, to enable us to protect thelr own tauque.
fire sides? By this proposition not only Quakers And as soon as the senate shall meet after
are to be exempted, but a hundred .',. .. the first election to be held'in pursuance of this
may spring up. and with the same p..p,,.,, provision, they shall cause the senators to be
claim an exemptio.arks from Mr. Bris, divided, by lot, into four classes of eight in each,
After a few remarks from Mr. Bi-ggs, and so that every district shall have one senator
question on striking out was taken by ayes and of each class, the classes to be numbered one,
noes, and decided in the negative, as follows: two, three, and four'; and the seats of the first
NOES.-lMessrs. Bacon, Barlow, .. i:-, class shall be vacated at the end of the first
b.i ...., Brinkerhoff, 3uirroughs, Carpenter, year, of th second class at the end of the second
Case, Child, I). Clark, R. Clarke, Clyde, Cramer, year, of the second class at the end of the second
Dubois, Duer, Dycluknan, Eastwood, :, year, of the third class at he end of the third
Fairlie, Fenton, Forris, Halock, Hers, Huge year, of the fourth class at tihe end of the fourth
boom, HIowe, humphrey, Hlont, Hunter, Hun- year, and so on continually, in order that one
ting, ilhod, i .. .... L'-", I'-,n, Lefferts, senator be annually elected in each senate dis-
nP. Liviu on t.. .u c t c.
ro, 1N .Lto ,i'at'k, i .1. ., ; .... riuo, t i'oruviiec that no person shall be eligible to
Pumpelly, Radcliffl Reeve, R.iehards, tRockwell, i.'- of2ce of senator who shall not have attained
Root, Ros.. I.. ...' luissecll, Sage, San- the ago of thirty years, and been live yea'i a
ders, N. I i, i. .I, Sch'inck, Seely, resident of this state, and who shall not, at the
Sharpe, Sheldon, II. Smiti. father, time of his election, be seized of a freehold es-
Steele, 1. Sittlierlaod, T .' Tall- tate in his own sight wvhin this state of the
,, ,1. Taylor, Ten Eyck, Towuly, 'Townsend, value of one thousand dollars over and above all
., tile, Van Fleet, Van Homrne, Van Vech- debts and incumbrances charged thereon.
ten, Verbryck, E. Webster, Ws iliiover, ,I'heatoii, 11. That a census of the inhabitants of the
Wheeler, Woods, WVoodward, Wooster, Your.g stIate be taken under the direction of the legis-

AYES.--aIessrs. Baker, Brigg,, Carver, Col- lature, in the year 1825, and at the end of every
liis, I. ,: Fish, Frost, Ilun1ington, .lo: ten years thereafter'; and that the sa:d districts
Kent, it. i i, FRhinelander, togrs, Seanan, I' shall be so altered by the legislature at the first
Snith, Spencer, Van Burenr, JR. It. Van Rewso- session after the return of every census, that
laer, S. Van ilResselaer, E. Williams, N. Wil- each senate district shall contain, as nearly as
liams, Yates-2lt. nkay be, an equal number of inhabitants, ex-
Tlie section then passed as amended, eluding aliens, paupers and persons of colour
Mr. BIRDSEYE offered the following sub- not taxed, which districts shall remain unalter-
stitute to the 15th section, which was stricken ed until the return of another census. Provi-
out this morning : ded that every district shall at all .times consist
Entails shall ncve r be revived in this state; of contiguous territory, and that no county shall
no rights of prinmogeniture shall be established be divided in the formation of a senate district.
by law, other than what may con ist with the 11'. That the number of the members of as-
existing statute of descesuts; no privileged pr- sembly shall be fixed at one hundred and twen-
ders shall exist; and no ciass of men shall ever ty-cight, and shall never exceed that number;
be subiected to any peculiar disability on ac- and that the same shall be apportioned among
count of their religion, profession, or employ- the several counties of the state, as nearly as
mout." may be, according to the number of inhabitants
Mr. B. went into a full explanation and de- in each county, excluding aliens, paupers, and
fence of the principles containiied in his proposi- parsons of colour not taxed, which apportion-
tion. lie alluded to the provisions in the con- moot shall remain unaltered until the return of
stitutions of other states, disqualifying and dis- another census : provided that every county'
franchising a part of the community, in conse- heretofore established and separately organized
quence of their religious belief, professions, &c. shall be entitled to one member. And that in
and hoped our constitution would avoid all dis- future no new county shall be erected, unless
abilities of this kind. its population shall entitle it to a member.
Messrs. Van Vccliten and Spencer opposed IV. Any bill may originate in either house of
the substitute, as containing provisions whollr the legislature; aud bills passed by one house
unnecessary. On the subject of permitting may he amended by the other.
clergymen to hold civil offices, they both con- V. The members of the legislature, shall
curried in believing it was incompatible wita receive a compensation for their services, to be
their ecclesiastical functions, ascertained by law, and paid out of the public
Mr. BIRDSEYE made a few remarks in rt- treasury; but no increase of the compensation
ply. when the question on the substitute was shall take effect, during the year in which it
taken and lost. shall have been made. And no law shall be
Mr. YATES then moe-ed to abolish the 39th passed, increasing the wages of the legislature,
article of the present constitution, i.r., i'.ii'. 1,.yond the sum of three dollars per day, un-
clergymen from holding military or ciil I.a ..._ 1.- by a majority of all the members elected
and assigned his reasons for the motion, to both branches of the legislature; and unless
Some discussion took place between Messrs. it shall be limited as to its continuance, to two
Young arid Birdseye, in which the opinion of years after the passage thereof, and the yeas
President Nott was alluded to, when the ques- and nays shall be taken thereon, and entered
tion was taken by fyes and noes, and decided on tlie journals.
in the negative by all the members present, VI. No members of the legislature, shall
excepting \Messrs. ithdseve, Briggs, Burroughs, receive any civil appointment from the governor
Kent, Pitcher, Russell, R. Sanford, Van Ness, and senate or from the legislature, during the
Ward and Yales, who voted in the affirmative term for which he shall have been elected.
'The 15th section (relative to writs of habeas VII. No person, being a member of con-
corpus) passed without amendment. gress, or holding an) judicial or military ollice,
Thle 10th section (relative to the privileges f under the United States shall hold a seat in the
trial by jury) was read. legislature. And if any person shall, while a
Mr. 9PE1N CL! moved to strike oit the wori o member of the legislature, be elected to con-
"assault and battery and breaches of the peace. gress, or appointed to any office, civil or mii-
Carred.. tary, under the government of the United
MIr. BIRDSEYE moved to strike out all tiat states, his acceptance thereof shall vacate his
part of the section down to the word "jury," seat.
wiichli not being seconded, the question ras VIII. That the power of impeachment, be
taken on thIe whole section, as amended, aid vested in a majority of the members of assem-
carried. bily elected ; and that all onicers, holding their
The 18th section (relative to criminal pro- offices during good behaviour, may be removed
secutious) was stricken outuas being uane- yv joint resolution of the two houses of the lc-
eessary, gislature: Provided, That tvo thnmds of all the
The 17th section [relative to the liberties of members elected to the assembly, and amajori-
speech and of the press, and to prosecutions for ty of all tie members elected to the senate,
libels) was read. concur therein.
Mr. SPENCER made a few remarkson the IX. 'That the assent of two thirds of the
section, in which he alluded to senimeints members elected in each branch of the legisla-.
attributed to him mu his absence, which he took lure, shall be requisite to every bill appropriat-
this opportunity to disclaim. He felt it Hs duty ing the public monies or property for' local or
to make this explanation of his motives, private purposes, or creating or renewing the
'Ir. DUER i'eplied, and moved to strike charters of any body politic or corporate, for
out the words or iudictmernts," aud ti insert any purpose whatsoever.
their words civil or criminal,"' before tie word X. That the proceeds of all lands belonging
prosecutions,' so as to permit the trhih to be to this state, and of all lands that may here-
given in evidence, both in civil and criminal after be acquired by the state, (except such
plrosecutiions. parts thereof as may be reserved or appropriat-
Some discussion took place between Messrs, ed to public use, or ceded to the United Stales,)
Spencer and Duer, in which the former opposed which shall hereafter be sold or disposed of ;
and the latter supported tI. amncdment, when '. it. c, with the fund, denominated the corn-
il'lr. D. withdrew his motion, and thie questioa mon school fund, shajl be and remain a per-


iwas taken oG the first part of the section down Petual fund; the interest of which shall be in-
to the word press." and was carried, vioa'biy appropriated and applied to the support
On the remainder of the section, (relative to of conmiuon schools throughout this state; and
prosecutions for hlibels) Mr. Van Burea caie,! that the rates of toll, not less than those agreed
ibo lthe avtesand noes, wtich were tIheu ta'en-, to by the canal commissioners, and set forthl
and the question decided in the ailrmatdve as in their report to the legislature of the twelfth
Follows: of March, one thousand eight hundred and
AYES. Bacon, B-kor, Bar Beck I tWventv-one, shall be imposed on, and collected
with, Bi rdseee, Brese, 'Bri"gg, Br" iks-ho', I ronm all parts of the navigable communications
t Brooks, lBul, '... r, C: C -. hil, between the great western and northern lakes,
I). Clarke, It. 'yd, y Coe)I1s, tr".niar. i ant the Atlaitic ocean, which now are, or
Day, Dubois, Duer, Dycit.aa' Ea x'a.i, Eb-1 e'at'er shall be mhade and completed: And
wards, Fairlie, FIen~to. Fernis, Fish, F.nst, Hali- the said toils, together with thie duties on the
Y lock, Hees, Hogebooi., Hiowe, HumphrTir, Hunt, imanut'acture of all salt. within the then western
!d .....,i,,. ,! I .,. ,. 1. Kiowles, district of tt is state, as established by the act
.L u.i, La.. i..,.. Livieg'tio, P. the ift ecnth of April, one thousand eight'


hlnrair.:ri an-1SaevtamE'., and time :, .- .',a goods Ohe 5th section wal uner .:...ndA. r'. t,"u, Mr.,
:...I .,t aIAct.hu, .t'r. n .- .:.i. I. the surm of T. hal made a similar motion, but at the sug-
thirty-three thousand five hundred dollars, gestion of Mr. King, consented 'o .r-ir :-.-the
otherwise appropriated, in and by the saidact ; subject for the present. On reflection, he couli
and the amount of the revenue, established by not consent to postpone it longer, and therefore
the act of the legislature of M1arch 30th, 18-1, moved to strike out. In support of his motion,
in lieu of the tax upon steam boat po ._n'er- he explained his views at considerable length.
shall be, and remain inviolably I- -'.'I ri.. His object was to relieve the senate from the
and applied to the completion of the Canals, and exercise of any portion of the 1:,p,...-'m'i; .i"' r
ut,, i,. pa rieas..i.- ..:[ iand reimbursement and from the embarrassments which it would
't In,, c.,p. i ..r ,:. ...: ready borrowed, or necessarily create. He was in favour of a
l: .-i. i-r :I, ui r., rowed, to make and council of appointment, composed of the first
complete the navigable communication afore- eight senators elected under the new constitui-
said. And that neither the right of tolls, on tion, and so for the other .'.r. classes of sena-
the said navigable communications, nor the tors in rotation. To this council he would re-
duties on the manufacture of salt as aforesaid; for the appointment of all officers proposed to
nor the duties on goods sold at auction aforesaid, be appointed by the governor and senate, and
as established by the act of the legislature, also all officers for whose appointment no pro-
passed April 15, 1817; nor the amount of the vision had been made.
rev ,iii, '.-.i1:'- b' LI'-. '' t of le- ". I 1 Before the question was taken, th6 conven-
of til' 1 1._al, i...a, I.- of the tax upon tion. on motion of Mr. PIadchlil', .1dj6irned.
steam boat passengers; shall be reduced or ...-
diverted, at any ",,c. ...: :.. the full and corn- T -
plete payment of the principal and interest of -a T'- 3'.'y, tP f' s
the money borrowed, or to be borrowed, as CA r4 ,., _' .' I '' ,. i
aforesaid. .And it is further provided, that 'E.''f -r.)
neither the salt springs, with as much landSATURDAY EVENING,NOVEMBER 3, .
contiguous thereto as is necessaryifor the manu- SATUD EVENING, NOVEMBER 1
faciiiuI ,a..f salt, nor any part of the said canals,
nor any section thereof, be sold or disposed of Several resolutions were passed by the Ma
to any individual, or body politic or corporate ryland Legislature, and transmitted to the dif-
whatever, but the same shall be and remain the ferent states, asserting in substance the -right of
property of this state ,.l hereaferbe autho- each state to claim an appropriation of public

prized in this :-tt,.', a;a i ha legislature shall pass lands for the purposes of education, because
laws to prevent thle sale of all lottery tickets portions of the same had, for the promotion of
within this state, except in lotteries already the same object, been allotted by Congress to
provided for by them. the western states The propriety of such a
XII. That the thirtieth article of the consti- the western states. The propriety of such an
tution of this state ought to be abolished. application of our unsettled territory few will
XIII. That the fortieth article of the consti- question-but the right to insist upon it was
tution ought also to be abolished; and that satisfactorily refuted in a report on tlie subject
instead thereof the following be adopted:
I "The militia of this state'shall, at all times made to our own Legislature. This report,
hereafter, be armed and disciplined, and in (which that solemn wiseacre, Mr. Walsh, calls
readiness for service; but that all such inhabi- an antagonist report, and modestly pronounces
tants of this state, of any religious denomination to be a production void both of strength and in-
whatever, as from scruples of conscience may uity,) together with its suect, has furnish
be averse to bearing arms, shall be excused genity,) together with its subject, has furnish
therefrom, by paying to the state an equivalent ed matter for sundry effusions of newspaper
in money; the legislature shall provide by laiw wisdom, and for an elaborate article in the last
for the collection of such equivalent, to be North American Review. It is not our inten-
estimated according to the expense in time'and
money, of an ordinary able bodied militia tion to enter the lists with these wordy ,. P-b z,
man." but we cannot refrain from a passing notice of
XIV. Tli. tIh.. piiv'i;'- of rthe writofhabe.:- lihe true principle on, which their reasoning is
corpus shall not be suspended, unless when -, grounded. It is neither more nor less than that
cases oft I i ,ol or invasion the public safety
may require it. doctrine which conduces so materially to pro-
XV. No person shall be held to answer for mote domestic harmony, and which is so well un-
a capital, or otherwise infamous crime, except derstood and enforced by children at the dinner
in cases of impeachment, and in cases of the table-we mean the doctrine that regulates the
militia when in actual service, and the land and
naval forces in time of war, or which this state equitable dissection of puddings and plenishing'
may keep, with the consent of congress, in time of wine glasses. George has pudding enough
of peace, and in cases of petit larceny, under on his plate to make him sick, and therefore
the regulation of the legislature, unless on Charls st enjoy the same advance, J,
S. es 1 ure s Charles must enjoy the same advantage, John
p.eseoinmosft -r istsotment of a-gxad juary; nor
shall any person be subject, for the same offence, has wine enough to render him stupid, and
to be twice put in jeopardy of life or limb; nor therefore James is entitled to precisely an
shall le be compelled, in any criminal case, to equal quantity. The same ingenious and salu-
be a witness against himself; nor be deprived of
life, liberty' or property, without due process of tarylogic is applied, by our grown up children
law ; nori shall private property be taken for of politics, to the mathematical dispensation of
pu tic use, without just compensation, what may be called the wine and pudding of
XVI. Every citizen may freely speak, write the public. Ohio has so much of the public
and publish his sentiments on all subjects, being o ui
responsible for the abuse of that right; and no land-consequently, Maine must have exactly
law shall ever'be passed to curtail or restrain the as many acres; the sea coast is defended at the
liberty of speech, or of the press. In all public expense-of course, precisely as many
prosecutions or indictments for libels the truth s must be applied to improve the interior
may be given in evidence to the jury ; and if it dollars must be d to improve the interior
shall appear to the ".. i. iiHe matter charged New-York has a Secretary of the N- ) --Penn-
as libellous was published with good motives, sylvania, in justice, must furnish some other
and for justifiable ends, the party shall be officer of equal grade; Virginia has supplied
acquitted; and the jury shall have the right to and consequently, al-
determine the law and the fact. US with foui' *I t- I and consequently, al-
The convention then proceeded to the consi- though she might contain all the able men of
deration of the report on the appointing pow- the Union, another State is entitled to fill the
or, which was read by sections, chair of state w-ith a simpleton. Such are the
The first seven sections were respectively practical results of applying the -.. r.
passed, as follows:- practical results of applying the
M snITIA OFFICERS. pies of equal and exact justice to the filling of
That appointments and selections for offices offices or distribution of public property. The
in the militia ought to be directed, by the con- Maryland resolutions and the arguments of
stitntion, to be made in the manner L.l.,,,,,...- M r
viz.tion to be mde in the m er their newspaper and magazine champions, rest

1. Captains, subalterns and non-commission- on this beautiful theory; the fruits of which,
ed officers, by the written votes of the members however, in the present case, would, we allow,
oh their respective companies.e more delectable than i those e have men-
2. Field officers of regiments, and separate be more delectable tian in those we have men-
battalions, by the written votes of the commis- tioned. The appropriation of the public lands
signed officers of thie respective regiments and to the purposes of education, would be apply-
separate battalion als b the field ing the national wealth to the national good,
3. Brigadier generals, by the field officers I
of their respective brigades. which is tihe only true political rule of right.
4. Major generals, brigadier generals, and
commanding officers of regiments or separate The following extract of a letter from one of
battalions, to appoint the htaff officers of their the members of the convention is published in
respective divisions, brigades, regiments, or so- thie Craftsman; and we will only add, as com-
parale battalions.
5. The governor to nominate, and, by and ment, our regret that the number of members
with the consent of the senate, to appoint all who have not delivered their speeches is not
major generals. greater:-
6. The adjutant general shall be appointed I regret that I have it not in my power to
y the ^ .govr.oi' give som toy speech, as I have not yet had an
8. Tiat it shall be (the duty of the legisla- opportunity to deliver it. Here are so many
lure to direct, by law, the time and manner of who wish to be heard, that I and many others
electing milita officers, and of certifying the liove no opportunity to displayy our talents or
officers cl.cted totIe governor. _I our folly; for so I call many of tihe speeches
The Sth. section was then read, as follows :- delivered on the floor of this convention. If I
VII That in case the electors of captains, say nothing I shall not be laughed at, as many
subalterns, or field officers of brigades, regi- of our members are. I shall not attempt to
mients, or battalions, sinal neglect or refuse to enumerate in detail the several amendments
make such election after being notified, accord- which we have proposed to be made in the
ciing to law, the governor shall appoint suitable constitution, as I presume you have already
persons to fill the vacancies thus occasioned. seen them, as well as our voluminous debates,
A discussion ensued thereon, betiveen Messrs. in the newspapers. The progress we make is
Root and Vat Buren, in which the former was very slow, and it must of course be so while
in favour of _,i.a,: it out, and the latter ex- we have such long speeches to hear. Many of
phined the ..... I ., retaioiiug it. those speeches are made with a view to mislead
Mr. BROOiKS made some remarks in ex- rather than instruct the convention. We may,
planation of thp section, when the question on perhaps, conclude our labours by the fitst week
the section was taken by ayes and noes, and inNovcmber."
decided in the atlirmative, as follows : -
AYES.-Mesr's. Bacon, Beckwith, Birdsevc, Iy the brig American, Capt. Ililliard, arri-
[Ireese, i Brooks, Buel, Child, Clyde, Col- ved here this morning, in 46 days from Monte

Fish Hllook oe, yk-n,i astwood, Edwards' Video, we learn that information of the capture
Lelferts, Mv'Callh, Me ,. ... I .t ..... ofLiuuahad bcen received at ijt. Jagu uio Chi:,
cher, Porter, 1 ., ,,.., Riiiielailer, Rogers, bv express over land,'several .days before the
Stagg, Sylvester, i .', ..S .,. Ten Eyck, VaS Beue American left there, in consequence'of which
ren, Van Fleet, Van Ness, J. Rt. Van ReCisselaer, great rejoicings took place at Buenos Aires.
Van Vechten, Verbryck, Ward, Wendover, -
Wheaton, T'Vheeler, E. Willtams, N. Williams, Thlie Register kept by Captain Thomas LH..
Woodw':.d, Yates-54. Merry, gives the ..'_... '. -umnbar of slipping
NOES-M-Iessrs. Buarl'ow, Brinkesrhof, Carver, i
D1)ubois, Ferris, Frost, Hogeboom, Humphrey, now in this port:
Hunting, Huntington, Hurd, Jones, Kent, ".'. Ships, - 60
Knowles, P.R r -;... '. 'tilhkinh N lso ,) ... Brigs, 51
Pike, RadLlift, L.I... i, Ros, Sanders, N. Schooners, -. 55
Santford, R. Samford, Schenck, Seamnan, Seely, Sloops, - 119
hiarp', Sheldon, I. Smith, Starkweather, Swift,
Taylor, Townsend, Tripp, T'lttle, Van Horne, E. -5
Webster, Woods, Wvooste, Young-.. fBesides which, four ships of 500 tons, and twQ'
The 9th section also passed without amend- 6,igs of 220 are on the stocks.
mcnt as follows :-


IX. That all the commissioned officers of The Canal.-The Utica Sentinel of Tuesday
militia shall be commissioned by the Governor, says, that it is ..t. ,.t 1 .1 let water into the
The 10th section was also read in the follow- Canal as far Ea.s t. ', Falls the present
ing words :-- week, whluch will afford some relief to the for-
X. That no officer, disly commissioned to warding business. Much produce is sent to,
command in the militia. shall be removed froera Mot'treal which would go to Albanyt, ifthure was
his office, but by the senate, on the recommien- sufficient means of' getting it east of this village
datiou of the governor, stating the grounds on a't a reasonable 'rice. The boat navigation ou
wdahin of ch such removal is reo ended, or by the the Mohawk below Little IFals is good, notwith-
iachm soh reoval is rcmnaded, or by hie -standing thlies r:ver is nusiusally low for this season
decision of a court martial pur,,uant to law. f th e r rs nusly .ow ea
The 9th section (re',"ig that all commints- By a late estimate, it appears, that the real
signed oflicerss of the ,,i ., 1 i... cominmis- estate in this city, belnias ,"g to the Corporation,
sioned by the governor) pasa1ed r'....,i am nnd- :unotts to nearly threaie uiions and a half ofdol-
ment, and the 10th section was read, when Mr. lar ; which property is, no doubt, arod uutive,,
Tallmadhgu moved to strike out the word sen- and prokdiees an iuteresi probably of 6 o -'
L ate" and insert the word council. VWtben oenlt-Gazs