involuntary, may make a very considerable profit of them by recovering from the defendant the money due on the original debt, with costs, which the county treasurer had already discharged, without being liable to account therefor to any person whatsoever.

The Legislature refused to pass the bill; consequently it did not become a law.

KINGSTON, October 21, 1779. Present-Governor Clinton; Livingston, Chancellor; Yates, Justice.

A bill entitled "An act to prevent horse-racing and theatrical entertainments," was before the Council, which adopted the following objections, reported by the Chancellor, viz.:

1. Because the power vested in a single Justice of the Peace to determine cases to an unlimited amount upon his own knowledge, or upon the oath of a single witness, without a jury, is a direct violation of that clause of the Constitution which ordains "that trial by jury in all cases in which it hath heretofore been used in the Colony of New York, shall be established and remain inviolate forever;" and may be considered as a new court, not proceeding according to the course of the common law, which the Constitution expressly prohibits the Legislature from instituting.

2. Because, by the first enacting clause, the owner or owners of the horses employed in racing, are rendered liable to forfeit the same, though they should not have had the least previous knowledge thereof; by which means a very heavy and unjust punishment may be inflicted upon the most innocent persons whose horses may be run by their own servants contrary to their order, or by persons who may have stolen them from their pastures.

3. Because the law makes no effectual provision in case the proprietor of the horses running lives without the State or in another county, and has no goods or chattels whereon to distrain within the justice's jurisdiction; because it gives no power to seize the horse, but leaves it at the option of the owner, either to produce the same or not, so that the law instead of preventing horseraces will, in many cases, only render them more expensive to the

community, and productive of more idleness by carrying people from one county to another.

4. Because, where a horse is to be sold by virtue of this law, the justice is empowered to proceed to the sale without giving any notice thereof, so that he may, by collusion, defraud the State out of the greater part of the penalty.

5. Because the act does not ascertain the rate of fees and other charges which may accrue in the execution of the powers vested in the justice thereby, but leaves it in his discretion to retain what shall seem reasonable to him; nor can the propriety of those charges ever come in question, except the treasurer shall think it necessary to have them ascertained by an actual suit against the justice, a remedy which would be attended with too much expense and trouble to be applied except in very extraordinary cases.

6. Because the act establishes a dangerous precedent, by investing a single justice of the peace with such power over the liberty and property of the freemen of this State as should only be entrusted to the higher courts of judicature, where the party charged may have the full benefit of the law to which every subject is entitled.

The Assembly refused to pass the bill; consequently it did not become a law.

On the 1st of January, 1780, the Legislature met at Albany, consequently the next meeting of the Council was there held in the chambers of the Governor.

October 23, 1779, Richard Morris was appointed Chief Justice in place of John Jay, resigned.

ALBANY, March 4, 1780. Present-Governor Clinton; Morris, Chief Justice; Hobart, Justice.

A bill entitled "An act for the immediate sale of part of the forfeited estates," was before the Council, which adopted the following objections, reported by the Chief Justice, viz.:

The Council objects to the said bill becoming a law of this State as inconsistent with the public good:

1. Because they conceive the forfeited estates to be sold by virtue thereof, will not be disposed of for near their value.

This objection is supported by experience in the States of New Jersey, Massachusetts Bay and Pennsylvania, in the two last of which it is said, for the like reason, the sales of forfeited lands are postponed. Few of the farmers of this State, and none of those brave men who are serving their country in the field have had it in their power, during the war, to accumulate money; they cannot therefore be purchasers, and of course all the property to be sold under this bill, must fall into the hands of a few speculators and others, in this and the neighboring States, who, taking advantage of the times, have acquired large sums of money, and they being the only purchasers of an article they know must be sold, will, from the principles of their profession, be cautious not to raise the price on each other. And although it is an undoubted fact that the difference between specie and Continental money is not less than thirty for one, yet there is no instance for many months past, to the knowledge of this Council, when land has been sold for more in Continental money than one-half of its real value, when compared with the depreciation, even when such sales have been made by the proprietors themselves, who, it is to be presumed, would endeavor to make the most of their own property. 2. Because the immediate sale of those lands will tend to inincrease the depreciation of the Continental money.

The purchasers must be possessed of large sums of Continental money, or of some merchandise that will command it. If of Continental money they realize it, and thereby not only increase the quantity in circulation, but will be no longer immediately interested to support its credit. If of merchandise, it is evident if the Continental money continues to depreciate, a loss will not only be sustained by the State in the difference of the value of money between the times of purchase and payment, but in this period it will be for the peculiar advantage of the purchasers to promote the depreciation.

3. Because the bill will not answer the purposes intended by the Legislature.

By the bill, and the act therein referred to, "not more than five hundred acres are to be sold in one parcel," and the commissioners

are, amongst other things, "in the abstract of their sales, to insert descriptions of the respective estates by them sold." In order to which the lands must be surveyed, and it is not unreasonable to suppose one month or more will be required for this business, and the other necessary preparations of the commissioners before the advertisements. A second month is allowed for advertising previous to the sale, and the third is given between the date of the certificate and the time to be fixed for payment. Thus three months at least will inevitably elapse before any money can come into the treasury by virtue of this bill, and the immediate supply of clothing and other necessaries for the troops of this State, to which their services justly entitle them, and their distressed situation and the public safety so loudly call for, will be withheld from them until, it is to be feared, many of them will be impelled by necessity to quit the service. Besides, if the purchasers are possessed of articles for sale from the proceeds of which the purchase money must be raised, they may be induced, by the hope of gain for a further depreciation, to delay the payment, and put the commissioners to their suits; by which the design of this bill will be entirely defeated.

Notwithstanding the objections, the Legislature passed the bill into a law.

ALBANY, March 8, 1780. Present-Governor Clinton; Morris, Chief Justice; Yates and Hobart, Justices.

A bill entitled "An act to facilitate the levying the taxes for supporting the poor, and defraying the contingent expenses in the counties of Ulster, Orange, Westchester, Dutchess, Tryon and Charlotte," was before the Council, which adopted the following objections, reported by Justice Hobart, viz.:

Because by the said bill it is enacted, "that after the passing of the act, the Justices of the Counties of Ulster, Orange, Westchester, Dutchess, Tryon and Charlotte, shall, at their General Sessions, determine the sum to be raised for the support of the pocr in such of their respective towns, manors, districts and precincts as they shall judge necessary."

The power of raising money upon the people belongs to their immediate representatives, and it is inconsistent with every idea of civil liberty that any body of men should enjoy that power who do not possess this character; so true is this principle, that taxation and representation are inseparably connected, that it lies at the foundation of the late happy Revolution.

To authorize the justices to charge the people of these counties with such sums as they shall judge necessary, is leaving the property of the people at the disposition of persons who are not their immediate representatives, and whose conduct they cannot control; is departing from one of the principles which justify our revolt from British usurpation, and is inconsistent with the public good.

The Assembly refused to pass the bill; consequently it did not become a law.

POUGHKEEPSIE, May 12, 1780. Present-Governor Clinton; Morris, Chief Justice; Yates, Justice.

A bill entitled "An act for the more effectual suppression of vice and immorality," was before the Council, which adopted the following objections, reported by the Chief Justice, viz.:

1. Because they conceive the wording of the preamble is not agreeable to the design of the bill, and should it pass into a law will be derogatory of the honor of the Legislature, and therefore inconsistent with the public good. The preamble recites that, "Whereas religion and good morals are the only solid foundations of liberty and happiness. And whereas profaneness and many immoral practices have of late greatly increased within this State, the more effectual measures for the encouragement of the one and the suppression of the other ought speedily to be adopted," so that referring to the next antecedents (unless we pass over a period) it would appear that profaneness was to be encouraged.

2. Because the first enacting clause prohibiting every person from following any worldly employment or labor on Sunday will impose a hardship on those who, from a religious persuasion, refrain, some other day in seven, from labor; and thus will in effect