INTRODUCTION. 79 



One of the chief causes of discontent under the old constitution, was the man- 

 ner in which the appointing power had been exercised by the council of appoint- 

 ment, which consisted of the governor and four senators chosen by the assembly. 

 The council was abolished with great unanimity, many offices were rendered 

 elective, and the power to fill others was distributed among several departments 

 and functionaries, without important division among the members as to the prin- 

 ciples of distribution. 



It would be inconvenient to extend our notice of the convention. Wliat has 

 been written, will, perhaps, be sufficient to show the spirit which prevailed in its 

 deliberations, and to indicate some of the members who were influential in giving 

 direction to its measures. 



The year 1825 was signalized by the commencement of an undertaking which 

 marks an era in the jurisprudence of the state. An act was passed, directing that 

 all the existing statute laws should be revised and reduced into the form of a 

 code, to be submitted to the legislature for review. This important duty was 

 confided to John Duer, Benjamin F. Butler and Henry Wheaton. Mr. Wheaton 

 resigned the trust, and his place was filled by John C. Spencer. The gentlemen 

 thus constituting the commission, were three years engaged in performing its 

 duties ; and the legislature, on receivmg their reports from time to time, passed 

 upon the same, until in January, 1829, a perfect code was completed in four 

 parts, as follows : Part I. Concerning the territorial limits and divisions, the civil 

 poHty, and the internal administration of the state ; Part II. Concerning the ac- 

 quisition, the enjoyment, and the transmission of real and personal property, the 

 domestic relations, and other matters connected with private rights ; Part III. 

 Concerning courts and ministers of justice, and proceedings in civil cases ; and 

 Part IV. Concerning crimes and punishments, proceedings in criminal cases and 

 prison discipline. The execution of this intricate and extensive work, has been 

 regarded by many enlightened men as a great advance towards the establishment 

 of an unique and complete code. But the public mind is not now engaged in 

 considering the practicability or expediency of such a measure. 



