islikes;
but a majority of the delegates was in no mood for such a suggestion.
It had listened respectfully to the Chief Justice, and would doubtless
have cheerfully heard from the Chancellor and other members of the
court, but it could not surrender the principle over which sixty days
had been spent in contention. When, therefore, the roll was called,
Wheaton's amendment was rejected by a vote of sixty-six to
thirty-nine. Then came the call on the original proposition, to have
Supreme and District Courts, which disclosed sixty-two ayes and
fifty-three noes. If the weakness of the noes on the first vote was a
disappointment, the strength of the noes on the second vote was a
surprise. A change of only five votes was needed to defeat the
proposition, and these might have been reduced to three had Daniel D.
Tompkins, who favoured Van Buren's idea, and the four judges who
refrained from voting, felt at liberty to put themselves upon record.
It is a notable fact that the conspicuous, able men of the convention,
with the exception of Erastus Root and Samuel Young, voted to continue
the judges in office.

Martin Van Buren, as chairman of the committee to consider the
question of filling offices, reported in favour of abolishing the
Council of Appointment, and of electing state officers by the
Legislature, justices of the peace by the people, and military
officers, except generals, by the rank and file of the militia.
Judicial officers, with surrogates and sheriffs, were to be appointed
by the governor and confirmed by the Senate, while courts were
authorised to select county clerks and district attorneys. To the
common councils of cities was committed the duty of choosing mayors
and clerks. In his statement, Van Buren said that of the eight
thousand two hundred and eighty-seven military officers in the State,
all would be elected by the rank and file, except seventy-eight
generals; and of the six thousand six hundred and sixty-three civil
officers, all would be elected by the people or designated as the
Legislature should direct, except four hundred and fifty-three. To
provide for these five hundred and thirty-one military and civil
officers, the committee thought it wise to have the governor appoint
and the Senate confirm them. The constitutions recently formed in
Kentucky, Louisiana, Indiana, Illinois, and Missouri, he said, had
such a provision--similar, in fact, to that in the Federal
Constitution--and, although this met