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MVB remarks on the appointing power, 1 November 1821

Mr. Radcliff moved to insert "secretary of state," and "attorney general," before the word "comptroller," so as to give the appointment of these officers to the legislature.

The motion was supported by Messrs. Radcliff and Root, upon the ground that these were important offices, the duties of which were connected with the legislature; and opposed by Mr. Van Buren.

Mr. Briggs then renewed his motion to strike out from the word 'except,' to the word 'appointed,' as above stated, and to insert the words, "but the justices of the peace, shall be elected by the people in the several towns in this state."

After some discussion by Messrs. King, Briggs, Van Buren, Root, and Buel, the question was taken by ayes and noes, and decided in the negative, 76 to 39, as follows:

NOES—Messrs. Barlow, Beckwith, Birdseye, Brinkerhoff, Brooks, Buel, Burroughs, Carpenter, Carver, Case, Child, R. Clarke, Clyde, Cramer, Dodge, Dubois, Duer, Dyckman, Eastwood, Fairlie, Fenton, Ferris, Frost, Hogeboom, Howe, Humphrey, Hunt, Hunting, Jay, Kent, Knowles, Lansing, P.R. Livingston, M'Call, Moore, Munro, Nelson, Park, Pike, Price, Pumpelly, Radcliff, Reeve, Richards, Rockwell, Rogers, Root, Rose, Rosebrugh, Ross, Russell, Sage, Schenck, I. Smith, Spencer, Stagg, Starkweather, Steele, I. Sutherland, Swift, Sylvester, Taylor, Townsend, Tuttle, Van Buren, Van Fleet, Van Horne, S. Van Rensselaer, Van Vechten, Verbryck, Ward, Wendover, Wheeler, N. Williams, Young—76.

AYES—Messrs. Bacon, Baker, Briggs, D. Clark, Collins, Edwards, Fish, Hallock, Hees, Hunter, Huntington, Hurd, Jones, King, Lawrence, Lefferts, A. Livingston, Millikin, Paulding, Pitcher, Porter, Rhinelander, Sanders, N. Sanford, R. Sandford, Seaman, Seely, R. Smith, Tallmadge, Townley, Tripp, Van Ness, J.R. Van Rensselaer, E. Webster, Wheaton, E. Williams, Woods, Woodward, Wooster—39.

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Source: Nathaniel Carter and William L. Stone, Reports of the Proceedings and Debates of the Convention of 1821, Assembled for the Purpose of Amending the Constitution of the State of New-York: Containing All the Official Documents . . . (1821)
Collection: N/A
Series: Series 3 (17 February 1815-2 December 1821)