USA > New York > Military minutes of the Council of appointment of the state of New York, 1783-1821 > Part 36
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543
STATE HISTORIAN.
the county of Chenango, and in order to preserve his relative rank there ought to have been inserted in his commission that he should take rank from the 13th of the said month of April, but as that was omitted he has declined to accept the said commission, now there- fore to correct that mistake, Resolved. that a new commission be issued to him and that it be mentioned therein that he take rank from the said 13th day of April last. And as similar omissions were made on the 31st day of October last in the appointment of Cap- tains Joseph Yeaw, Peter Tyler and Timothy Freeman in Colonel Lincklaen's regiment in said county, in order to correct the same, RESOLVED, that new commissions be issued to the said Captains Yeaw, Tyler and Freeman, and there be inserted therein that they respectively take rank from the 17th day of April last.
ONEIDA COUNTY.
In Lieutenant Colonel Commandant Thomas Casety's regiment: Josiah Whitney, captain, vice (Richard) Whitney, removed. Sheldon Parmale, adjutant, vice J. Whitney, promoted.
Amos Kellogg, captain; Aaron Kellogg, lieutenant; Theodore Gridley, ensign, of light infantry with rank from the 13th day of January last.
CAVALRY-In the first squadron of cavalry, in the fifth division of the militia of this State; Benajah Merrill, captain, vice Jonas Platt, promoted; Ozias Wilcox, first lieutenant, vice (Samuel) Laird, resigned; Frederick W. Kellogg, second lieutenant, vice B. Merrill, promoted; Richard Sanger, cornet. vice O. Wilcox, promoted. .
WESTCHESTER COUNTY.
In Lieutenant Colonel Commandant Jesse Holly's regiment:
Amos Canfield, captain, vice Trowbridge, removed; Jonathan Mills, lieutenant: Thaddeus Miller, ensign.
1800.
544
ANNUAL REPORT OF THE
1800.
Oliver Mills, adjutant, vice S. Quick, removed; Stephen Rock- well, surgeon; Enoch Mead, first major; Joseph Benedict, second major.
In Lieutenant Colonel Commandant Thomas Carpenter's regi- ment:
Benjamin Oakley, lieutenant, vice Moses Fowler, declines; Isaac Hart, ensign, vice B. Oakley, promoted.
DELAWARE COUNTY.
In Lieutenant Colonel Commandant Elias Butler's regiment: William Butler, adjutant.
WESTCHESTER COUNTY.
WHEREAS, on the 12th day of April last Sloss H. Grinwell was appointed ensign of a company in the regiment of militia in the county of Westchester commanded by Lieutenant Colonel John Odell, instead of Sloss H. Grenell, who was the person intended to be appointed, Resolved, that the said mistake be corrected by issuing a new commission to the said Sloss H. Grenell, and that he take rank as an ensign from the said 12th day of April last.
RENSSELAER COUNTY.
1800. November 11.
In Lieutenant Colonel Commandant Nicholas Van Rensselaer's regiment:
John Staats, second major, vice A. Ostrander, removed.
Henry Hallenbeck, captain, vice J. Staats, promoted; John J. Van Hagen, lieutenant, vice H. Hallenbeck, promoted; Garrit T. Brees, ensign, vice J. J. V. Hagen, promoted; Silas Willmut, ensign.
David Arnold, captain, vice A. Newton, removed; James G. Myers, lieutenant, vice D. Arnold, promoted; William Lewis, ensign, vice J. G. Myers, promoted; Jonathan J. Witbeck, ensign, vice Josiah Betts, removed; Garrit Heermance, lieutenant, vice Elisha
STATE HISTORIAN.
545 1800.
Crosby, removed; Joshua Griffith, ensign, vice E. Crosby, promoted and removed.
LIGHT INFANTRY-John A. Ostrander, captain, vice J. Mckown, promoted; Henry Du Bois, lieutenant, vice J. A. Ostrander, pro- moted; Bethel Bristol, ensign, vice H. Du Bois, promoted.
Abraham Van Buren, captain, vice P. Staats, resigned; William N. Staats, lieutenant; Peter Ostrander, junior, ensign.
In Lieutenant Colonel Commandant Derick Lane's regiment:
Captains John McChesney, Matthew R. Vandebergh and Mat- thew Van Alstyne and Lieutenant Lodewick Snyder having (regu- larly) resigned, and Ensign David Wager having (irregularly) resigned, their resignations are accepted.
Henry T. E. Schuyler, captain, vice (Moses) Foster, removed; Jesse Buel, lieutenant, vice A. Boutwell, removed; Solomon Buck- ley, ensign, vice H. T. E. Schuyler, promoted.
Samuel R. McChesney, captain, vice J. McChesney, resigned; Francis Collisson, lieutenant, vice S. R. McChesney, promoted; Patrick Agan, ensign, vice H. Springer, removed.
Luckas Defrast, captain, vice M. R. Van Denbergh, resigned; Bartholomew Sharp, lieutenant, vice L. Defrast, promoted; Andrew Finch, lieutenant, vice B. Sharp, promoted; Jacob Schermerhorn, lieutenant, vice L. Snyder, resigned; George Brust, ensign, vice D. Wager, deranged.
Asa Man, captain, vice M. Van Alstyne, resigned; John J. Fonda, junior, lieutenant, vice J. M. Defrast, removed; Nicholas Fallows, junior, ensign, vice G. Westfall, removed.
ONTARIO COUNTY.
William Wadsworth, lieutenant colonel commandant, vice A. Hall, promoted.
35
546
ANNUAL REPORT OF THE
1800.
CAVALRY -- A new troop in the second squadron of cavalry in the fifth division of the militia of this State to be raised from the regi- ment 'of militia in the county of Ontario commanded by Colonel (William) Wadsworth:
Semore Bouton, captain; Benjamin Parsons, first lieutenant; John M. Minor, second lieutenant.
Also in 'said squadron: Jasper Parish, captain, vice John John- ston, resigned; Daniel Gates, first lieutenant, vice J. Parish, promoted.
HERKIMER COUNTY.
In Lieutenant Colonel William Clapsaddle's regiment:
Captain Hendrick Staring having regularly resigned, 'his resigna- tion is accepted.
Phineas Gates, captain, vice H. Staring, resigned; Nicholas Steel, lieutenant, vice P. Gates, promoted.
OTSEGO COUNTY.
Brigadier General (Jacob) Morris' brigade:
William Abbot, captain of a company of artillery, having (irregu- larly) resigned, and Samuel Huntington, first lieutenant of said company, having regularly resigned, their resignations are accepted Richard F. Cooper, captain, vice William Abbot, resigned; Davic Mason, first lieutenant, vice S. Huntington, resigned; Elijah H Metcalf, second lieutenant.
MONTGOMERY COUNTY.
In Lieutenant Colonel Commandant Abraham Veeder's regiment Nicholas Stoner, captain, vice H. Shew, removed; Daniel Hos mer, lieutenant, vice N. Stoner, promoted; George Northrop ensign.
547
1800.
STATE HISTORIAN.
ULSTER COUNTY.
In Lieutenant Colonel Commandant Moses Cantine's regiment: Peter Ten Broeck, adjutant.
CAVALRY-A troop of horse at Kingston in the county of Ulster to be formed by voluntary enlistments and to form a part of the second squadron of cavalry in the second division of the 'militia of this State:
Jacobus Elmendorf, junior, vice (Cornelius C.) Newkerk, resigned; John Chrispell, junior, first lieutenant, vice (Abraham) Van Gasbeek, resigned; Levi Elmendorf, second lieutenant; Jacobus Hardenbergh, cornet.
KINGS COUNTY.
Jeremiah Jolinson, lieutenant colonel commandant, vice A. Giles, promoted.
John N. Cowenhoven, first major, vice Johnson, promoted.
COLUMBIA COUNTY.
WHEREAS, on the 17th day of January last (by mistake) Jonah Butler was appointed captain, Bartholomew Williams lieutenant, and Levi Hatch ensign of a company in Lieutenant Colonel Charles Mckinstry's regiment of militia in the county of Columbia, now to correct the said mistake: Resolved, that the said appointments and the commissions that have been issued in consequence thereof be and the same are hereby revoked and annulled and that the said Jonah Butler be and he is hereby appointed a lieutenant and the said Bartholomew Williams an ensign in the regiment aforesaid with rank as such from the said 17th day of January last.
OTSEGO COUNTY.
In Lieutenant Colonel Commandant Francis Henry's regiment: Captain Patridge T. Beardsley 'and Lieutenants Humphrey Palmer and Daniel Richards having regularly resigned, their resig- hations are accepted.
1800
November 12.
·1
1801. 548
ANNUAL REPORT OF THE
Samuel Coleman, captain, vice Asa Fisk, removed; Edward Cheeseman, lieutenant, vice S. Coleman, promoted.
Nathaniel Farnham, captain, vice P. T. Beardsley, resigned; John C. Pride, lieutenant, vice D. Richards, resigned; Daniel Abbott, ensign, vice N. Farnham, promoted.
Gershom Palmer, captain, vice Samuel Martin, resigned; John Phillips, lieutenant, vice H. Palmer, resigned; Seth Bailey, ensign, vice G. Palmer, promoted.
DELAWARE COUNTY.
In Lieutenant Colonel Commandant Elias Butler's regiment:
Samuel Sherwood, paymaster, vice William Butler, appointed adjutant.
ALBANY COUNTY.
In Lieutenant Colonel Commandant John H. Wendell's regiment, in the city of Albany:
Thomas Walker Ford, paymaster, vice Jellis Winne, junior, removed.
DELAWARE COUNTY.
In Lieutenant Colonel Silas Knapp's regiment:
Cyrus Warner, lieutenant, with rank from January 15 last instead of Elisha Warner, appointed by mistake at that time.
SARATOGA COUNTY.
In Lieutenant Colonel Uriah Gregory's regiment :
Salmon Rowland, ensign, with rank from April II last instead o Solomon Rowland, appointed by mistake at that time.
ONONDAGA COUNTY.
His Excellency the Commander-in-chief, on the recommendation of Brigadier General Benjamin Ledyard, having thought it prope to form the militia of the county of Onondaga into a brigade; there
1801.
January
22.
549
1801.
STATE HISTORIAN.
fore, Resolved, that Elihu Lewis be and he is hereby appointed brigadier general thereof.
His Excellency the Commander-in-chief, on the recommendation of Brigadier General Benjamin Ledyard, having thought it proper to form four regiments in said county of Onondaga, RESOLVED, that the following officers be and they are hereby appointed for said regi- ments, to wit:
For the FIRST REGIMENT:
Jeremiah Gould, lieutenant colonel commandant;
Jeremiah Jackson, first major, vice J. Gould, promoted.
David Williams, second major, vice J. Jackson, promoted.
First company-Thomas Olcott, captain; George Catlin, lieuten- ant; John Bowers, ensign, vice Artemus Bishop, promoted.
Second company-William Cook, captain, vice John Lamb, resigned; Daniel Allen, lieutenant, vice W. Cook, promoted; Samuel Sherwood, ensign, vice D. Allen, promoted.
Third company-Timothy Sweet, captain, vice D. Williams, pro- moted; Joseph W. Gold, lieutenant, vice T. Sweet, promoted; Jacob Hedges, ensign, vice A. Bellows, promoted.
Fourth company-Artemus Bishop, captain; Moses Moulthrop, lieutenant; Asa Kendell, ensign-a new company.
Fifth. company -- Punderson Avery, captain; Oliver W. Miller, lieutenant; Christopher Clark, ensign-do.
Sixth company-Ebenezer Carr, captain; Jacob R. De Witt, lieu- enant; Erastus Baker, ensign-do.
LIGHT INFANTRY-Isaac 'Hall. captain, vice J. Ellis, promoted: . Anson W. Jackson, lieutenant, vice I. Hall, promoted; Henry Clark, nsign, vice A. W. Jackson, do.
Truman Lewis, adjutant; Jeremiah Gould, junior, paymaster; Jacobus De Puy, quartermaster; Walter Colton, surgeon; Daniel ibbals, surgeon's mate.
550
ANNUAL REPORT OF THE
1801.
For the SECOND REGIMENT-Elijah Phillips, lieutenant 'colonel commandant;
Nehemiah Earll, first major; John Ellis, second major; Elisha Alvord, 'adjutant; Jasper Wood, quartermaster; Daniel Wood, pay- master; Levi Ward, surgeon; Gurdon Needham, surgeon's mate.
First company-Zephaniah Gates, captain, vice E. Phillips, pro- moted; Job Williams, lieutenant, vice C. Pratt, promoted; Jared Luddington, ensign, vice Z. Gates, promoted.
Second company-Benjamin Wood, captain; Libeus Foster, lieu- tenant; John Phillips, ensign-new company.
Third company-Ephraim Webster, captain, vice N. Earll, pro- moted; Medad Curtis, lieutenant, vice E. Webster; James Wood, ensign, vice E. Lawrence, deceased;
Fourth company-Oris Curtis, captain; George Corey, lieutenant; Ebby Polly, ensign-new company.
Fifth company-George Hall, captain; Aaron Bellows, lieutenant; George W. Olmsted, ensign-do.
Sixth company -- William Culver, captain; William Olmsted, lieu- tenant; Prentice Kenne, ensign-do in Manlius.
Caleb Pratt, captain; Jonathan Ellis, lieutenant; Levi Hickock, ensign-light infantry.
For the THIRD 'REGIMENT-Robert Earll, lieutenant colonel commandant ;
Levi Lawrence, first major; James McCrellus, second major; Cal- vin Lawrence, adjutant; Winston Day, paymaster; Josiah Hodges quartermaster; John H. Frisbie, surgeon; Samuel Porter, junior surgeon's mate.
First company-Richard May, 'captain; William Sayles, lieuten. ant; Lyman Cook, ensign.
Second company-James Rathbone, captain; Daniel Briggs, lieu. tenant; Lemuel Smith, ensign.
5.51
1801.
STATE HISTORIAN.
Third company-William Burroughs, captain; William Thomas, lieutenant; Alexander Adams, ensign.
Fourth company-Siba Braynard, captain; Solomon Seeley, lieu- tenant; Newcomb Deming, ensign.
Fifth company-James Burroughs, captain; Warren Hecox, lieu- tenant; Peter 'Harris, ensign.
Sixth company-Jacob Chandler, captain; Elisha Strong, lieu- tenant; Isaac Lindsey, ensign.
Peter Sharp, lieutenant commandant; James Wells, ensign, in Lysander.
For the FOURTH REGIMENT-Moses Hopkins, lieutenant colonel commandant;
Joseph Strong, first major; Moses (James) Knapp, second major ; Lewis Howell, adjutant; Josiah Moore, quartermaster; Roderick B. Vaughan, paymaster.
First company-Simon Kenney, captain; John Norton, lieuten- ant; Joseph Simons, ensign-new company, part Fabius.
Third company-Elijah St John, captain; Nathaniel E. James, lieutenant; Daniel Benson, ensign-do.
Second company-John Hubbard, captain; Noah Hitchcock, lieu- tenant; Jacob Bishop, ensign-new company, part in Homer.
Fourth company-John Ballard, captain; Samuel Crittenden, lieu- tenant; Asa Andrews, ensign-do in Homer.
Fifth company-Hugh Stewart, captain; Orleana Beebe, lieuten- ant; Ruluff Whitney, ensign-do in Solon.
Sixth company-Alexander Leach, captain; Ebenezer Carley, lieutenant; James Olds, ensign-do in Cincinnatus.
Seventh company-John Ellis, second, captain; Dana Miles, lieu- tenant; Charles Joyce, ensign-do in Virgil.
Eighth company-Timothy Walker, captain; Henry Hill, lieuten- ant; Augustus Thorp, ensign-do in Tully.
552
ANNUAL REPORT OF THE
1801.
CAYUGA COUNTY.
His Excellency the Commander-in-chief, on the recommendation of Brigadier General Benjamin Ledyard, having 'thought it proper to form a new regiment in the county of Cayuga to be taken from such parts of the regiments now commanded by Lieutenant Colonels (John L.) Hardenbergh and (John) Tillotson, as lie westerly of the Cayuga lake and the Seneca river; therefore, Resolved, that in the said regiment the following officers be and they are hereby appointed :
Wilhelmus Mynderse, lieutenant colonel commandant;
Benjamin Dey, first major; William Hemrod, second major; James Van Horne, adjutant; Andrew McKnights, quartermaster; Phineas Tuttle, paymaster.
CAVALRY-His Excellency the Commander-in-chief, on the rec- ommendation of Brigadier General Ledyard, having thought it proper to form a troop of horse in the northern and another in the southern part of the county of Cayuga in the second squadron of cavalry in the fifth division of the militia of this State, RESOLVED, that Israel Smith be and he is hereby appointed captain of the north- ern troop and Jonathan Brownell captain of the southern troop.
ONONDAGA COUNTY CAVALRY.
Coleman J. Keeler, captain of a troop in the county of Onondaga in the second squadron of cavalry in the fifth division of the militia of this State, vice Thaddeus M. Wood, superseded.
1801. January 23.
WHEREAS David Van Horne, the adjutant general, has by a para- lytic complaint been rendered incapable of attending to the duties of that office, and it is very uncertain, in case he should recover,
553
STATE HISTORIAN.
whether his health will hereafter be such as to enable him to execute the same; AND WHEREAS on the one hand the affairs of the militia department require the unremitted attention of the adjutant 'general and on the other motives of delicacy and humanity oppose the super- seding of an officer under such afflicting circumstances; AND Whereas, it is desirable as far as possible to reconcile the public interests with a due regard to this office; therefore, RESOLVED, that Solomon Van Rensselaer, esquire, be and is hereby appointed adju- tant general of this State in the place of David Van Horne, who is hereby removed from the said office. But it is expressly declared and understood that in case the said David Van Horne should here- after become capable of executing the active duties of the said office, that then he ought to be reappointed and the said Solomon Van Rensselaer cease any longer to hold it.
SARATOGA COUNTY.
In Lieutenant Colonel Thomas Rogers' regiment :
A new company of light infantry-Jared Palmer, captain; James
1801. January 24. Mullegen, lieutenant; Isaiah St John, ensign.
CAVALRY.
Samuel B. Malcolm, inspector of the first brigade of the cavalry of the State, to serve also as brigade major with the rank of a major.
Arthur Breese, inspector of the second brigade of the cavalry of this State, to serve also as brigade major with the rank of a major.
RENSSELAER COUNTY.
CAVALRY-A new troop to be raised in the second squadron of . the third regiment of cavalry, to be uniformed and equipped accord- ing to law:
Herman Knickerbacker, captain; John Van Der Spiegel, first lieu- tenant; Bethel Mather, second lieutenant; Patrick Halsted, cornet.
1801.
1801. January 26.
L
554
ANNUAL REPORT OF THE
1801.
In the company of artillery in Brigadier General Henry K. Van Rensselaer's brigade:
Joseph Alexander, captain, vice John Keating, removed; Elias Parmerle, second lieutenant, vice John Gale, do.
CAYUGA COUNTY.
In Lieutenant Colonel Commandant John Tillotson's regiment:
Henry Hewit, first. major, vice J. Patrick, removed; Nathaniel Walker, second major, vice R. McDowell, declines.
Ebenezer Witter, captain, vice H. Hewit, promoted; Samuel Adams, lieutenant, vice E. Witter, promoted; Jedediah Morgan, ensign, vice Adams, promoted.
William Bradley, captain, vice Walker, promoted; Matthew Til- lotson, lieutenant, vice Bradley, promoted; William Coltrin, ensign, vice Tillotson, promoted; Sylvanus Rice, lieutenant, vice Samuel McConnell, removed; Phineas Rice, lieutenant of riflemen, vice E. Paine, removed; Nathan Cook, ensign, vice J. Chittenden, declines; Israel Buell, lieutenant, vice J. W. Branch, removed; Hezekiah Avery, ensign, vice Buell, promoted; Henry Ludlow, junior, lieu- tenant, vice S. Kellogg, removed; Richard Francis, ensign, vice Ludlow, promoted; George Robinson, lieutenant, vice H. McClal- len, transferred; John Smith, ensign, vice J. Whiting, declines; Seth Rice, lieutenant, vice F. Hollister, do; Joseph Cone, ensign, vice Rice, promoted.
NEW YORK AND RICHMOND COUNTIES.
James M. Hughes, brigadier general of the brigade comprehend- ing the militia of the city and county of New York and the county of Richmond, and Jonathan H. Lawrence, inspector of the same bri- gade having regularly resigned, their resignations are accepted, Major Lawrence having declined accepting.
.
1
STATE HISTORIAN.
555
1801.
ALBANY COUNTY.
CAVALRY-Whereas it appears by the return of Captain Dirck Ten Broeck that the troop of horse of the city of Albany, which he commanded has not been compleated according to'law, Resolved, that the said troop be and is hereby disbanded, and the commissions of the respective officers be and they are hereby revoked and annulled.
A new troop of horse in the city and county of Albany, to be uni- formed and equipped according to law:
Rensselaer Westerloo, captain.
HERKIMER COUNTY.
A new company of light infantry to be attached to Colonel (William) Clapsaddle's regiment:
Jewett Woodworth, captain; George F. Helmer, lieutenant; Abra- ham Woodruff, ensign.
February IIth, 1801,* the new Council of Appointment heid its first session. War was at once declared with the Governor, and
* Subjoined will be found a report from the original records of this dispute between Governor Jay and the Council :
"At a meeting of the Council of Appointment held at the City Hall of the City of Albany on Wednesday the 11th of February, ISO1; Present His Excellency John Jay, Esquire, President, the Honorable Robert Roseboom, John Sanders, Ambrose Spencer, Dewitt Clinton, Esquires, Members.
His Excellency the Governor having nominated Jessee Thompson, for the office of sheriff of the County of Dutchess, the Council, excepting Mr. Sanders, did not consent to his appointment.
His Excellency proceeded to nominate John B. Van Wyck * Samuel Clift
. William Emott . Aaron Stockholme * * Isaac Smith * * Henry Livingston of Poughkeepsie * * (and) Samuel Augustus Barker for the said office ; the Council, excepting Mr. Sanders, did not consent to his (their) appointment (s) "
(Signed, same as at end.)
Meeting held at same place, " Tuesday the 24th February 1801."
" Present " (same as before).
" His Excellency the Governor proposed that the Secretary be directed to enter on the minutes of their proceedings all nominations to office agreeably to the directions of
1801. 556
ANNUAL REPORT OF THE
Senator Sanders on one side and.the three Republican members on the other. The majority at this meeting tied the Governor's hand on a political appointment and rejected several names he put in nom- ination. A week later the Council nominated a Republican as sheriff of Dutchess county, thus defeating the intention of the Gov- ernor, who had favored a member of his own party. The culminat- ing point, however, was reached February 24th. The Governor had nominated and the Council had rejected Benjamin Jackson as sheriff of Orange county. Several other nominations that he made met the same fate. De Witt Clinton thereupon moved the nomina- tion of John Blake, junior, of Orange county. Ignoring this motion, the Governor named John Nicholson. The Republican members refused to vote. The question of difference was then formulated; the Governor maintained exclusive authority to nominate; the Coun- cil demanded co-ordinate power; the Governor as president of the
the 8th section of the act entitled ' An act to organize the Government of this State,' passed the 16th March 1778. The question being put was carried in the negative with the exception of Mr. Sanders, who agreed to the same, but the other members of the Council dissented, because from the first organization of the Government until the meeting of the present Council the entries in the minutes of the Council have as they believe invariably heen otherwise, and because the Council do not admit, but deny that the right of nomination exists in the Governor exclusively, which his Excellency claims and insists upon.
" Because such a proceedure can have no other tendency than unnecessarily to swell the minutes of the Council, and
" Because in the opinion of the Council the Statute referred to by his Excellency, the Governor, does not direct the entry of nominations, whether made by the Governor or any other member of the Council, but applies only to such cases where appointments are consequent upon nominations."
«* * * Mr. Clinton having nominated John Blake, Jun'r, for the office of Sheriff of the County of Orange, and His Excellency the Governor claiming the exclusive right of nomination, observed, that it would be proper for him to consider what onght to be his conduct relative thereto and at the same time requested that an entry thereof should be made on the minutes with a declaration that nothing should be intended thereby to controvene the resolution of the Council adopted previously at this meeting. " The Council thereupon adjourned."
(Signed) John Jay, Robert Roseboom, John Sanders, Ambrose Spencer, DeWitt Clinton.
557
1801.
STATE HISTORIAN.
Council refused to put any motion made by a member, and the members declined to vote on any nomination made by the Gov- ernor. The Governor thereupon adjourned the Council pending the time when he would determine the course he proposed to pursue. Nor did he ever convene the Council again.
February 26th, Governor Jay submitted a message to the legis- ture in which he gave a history of the dispute between the Council of Appointment and the Governor:
" It has generally and justly been considered," he wrote, "as highly important to the Security and Duration of free states, that the differents Departments and Officers of Government should exer- cise those Powers only, which are constitutionally vested in them; and that all controversies between them respecting the Limits of their respective Jurisdictions and Authorities, be circumspectly and speedily settled. There are few Constitutions or other Instruments, however carefully framed, which are entirely free from ambiguity, and do not contain Paragraphs liable to different constructions. Defects and obscurities have been observed in the Constitution of this State, and on certain occasions they have produced inconve- niences.
"The 23d article of it ordains, 'that all officers, other than those who by this Constitution are directed to be otherwise appointed, shall be appointed in the manner following, to wit: The Assembly shall, once in every year, openly nominate and appoint one of the Senators from each Great District, which Senators shall form a Council for the appointment of the said officers, of which the Governor for the time being, or the Lieutenant Governor, or President of the Senate, when they shall respectively administer the Government, shall be president, and have a casting Voice, but no other Vote, and with the advice and consent of the said Council, shall appoint all the said officers.'
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