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i3o CORRESPONDENCE AND PUBLIC PAPERS.
with the only amendment that the Speaker of the
General Assembly for the time being was then (to
avoid the Governor's having frequent opportunities
of a casting vote) added to the Council.
As to the alteration in question, vizt., transferring
the appointment of clerks, etc., of courts from the
Council to the respective judges, I dislike it for many
reasons which the limits of a letter will not admit of
being fully enumerated and discussed.
You say that "great inconveniencies must arise from
suffering clerks to be independent of such courts, and
of consequence frequently ignorant, always inattentive."
If ignorance and inattention would by some necessary
consequence unknown to me, characterize all such
clerks as the Council (of which the Governor is
President, and consisting of the Speaker of the
General Assembly and four senators elected in that
House) should appoint, I grant that the appointment
ought to be in other hands. But I am at a loss and
unable to conjecture by what subtle refinement or
new improvement in the science of politics it should
be discovered that a council acknowledged to be competent to the choice and appointment of the first
judges of the land, was insufficient to the nomination
of clerks of courts; or from whence it is to be
inferred that they, by whose will and pleasure the
duration of many other offices is limited by the
Constitution, would either appoint or continue in
office ignorant or inattentive clerks, more than ignorant or inattentive judges, sheriffs or justices of the
peace. Nor can I perceive why the clerks in chancery
| Title | The correspondence and public papers of John Jay - 1 |
| Creator | Jay, John |
| Type | Books/Pamphlets |
| Title | 00000161 |
| Type | Books/Pamphlets |
| Transcript | i3o CORRESPONDENCE AND PUBLIC PAPERS. with the only amendment that the Speaker of the General Assembly for the time being was then (to avoid the Governor's having frequent opportunities of a casting vote) added to the Council. As to the alteration in question, vizt., transferring the appointment of clerks, etc., of courts from the Council to the respective judges, I dislike it for many reasons which the limits of a letter will not admit of being fully enumerated and discussed. You say that "great inconveniencies must arise from suffering clerks to be independent of such courts, and of consequence frequently ignorant, always inattentive." If ignorance and inattention would by some necessary consequence unknown to me, characterize all such clerks as the Council (of which the Governor is President, and consisting of the Speaker of the General Assembly and four senators elected in that House) should appoint, I grant that the appointment ought to be in other hands. But I am at a loss and unable to conjecture by what subtle refinement or new improvement in the science of politics it should be discovered that a council acknowledged to be competent to the choice and appointment of the first judges of the land, was insufficient to the nomination of clerks of courts; or from whence it is to be inferred that they, by whose will and pleasure the duration of many other offices is limited by the Constitution, would either appoint or continue in office ignorant or inattentive clerks, more than ignorant or inattentive judges, sheriffs or justices of the peace. Nor can I perceive why the clerks in chancery |
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