COMMUNICATION, &c. STATE OF ILLINOIS, } Vandalia, Dec. 22, 1832. To His Excellency the Governor of the State of New-York: SIR, Enclosed, I have the honor to transmit to you a copy of two Resolutions, passed by the General Assembly of this State, on the subject of the Militia, that you may submit the same to the Legisture of the State over which you preside. With due respect, I am your ob't serv't, Resolutions for the more perfect organization of the Militia. Resolved by the Senate and House of Representatives, That the Senators of this State, in the Congress of the United States be instructed, and our Representatives requested, to use their exertions to procure the passage of a law, for the more perfect organization of the Militia of the several States. Resolved, That His Excellency the Governor, be requested to transmit copies of these Resolutions to the Senators and Representatives of this State in Congress, and also to the Governors of the other States; that the same may be submitted to the Legislatures thereof for their consideration. ALEXANDER M. JENKINS, Speaker of the House of Representatives. ZADOCK CASEY, Speaker of the Senate. IN ASSEMBLY, January 18, 1833. REPORT Of the committee on the judiciary, on the petition of Jeffrey Chipman, in relation to the election of Justices of the Peace. Mr. Livingston, from the committee on the judiciary, to which was referred the petition of Jeffrey Chipman, a justice of the peace of the county of Ontario, for an act explanatory of the act of 1832, respecting the election of justices of the peace, RESPECTFULLY Reports: That the petition and a certificate of the county clerk of the county of Ontario, disclose the following facts. That at the annual town election held on the third day of April, 1832, in the town of Canandaigua, Henry Chapin, Augustine Sackett and Jeffrey Chipman, were duly elected justices of the peace for the said town. Two vacancies in the said office were to be supplied, and the term of Henry Chapin, then an incumbent of that office, would expire by its legal limitation, on the last day of December, 1832. That in pursuance of law, the persons so elected justices, together with the supervisor and town clerk of the said town, met on the 14th day of April, 1832, and determined by lot the classes to which the individuals so elected should respectively belong. That the said Jeffrey Chipman drew ballot number four, and was classed number four; Augustine Sackett drew ballot number three, and was classed number three; and Henry Chapin drew ballot number two, and was classed number two. That on the 16th day of April, 1832, the said Henry Chapin, by virtue of the said classification, took and subscribed the oath required by law. The petitioner further states, that previous to the act of 26th of April, 1832, entitled "An act to provide for the classification of certain justices of the peace," all the proceedings relative to the said election, except the taking the oath of office by the said Augustine Sackett, were had, which were required by the laws then in force. The petitioner states, that he believes that he became, by virtue of the said election and the said proceedings which were had in pursuance thereof, vested with the office of justice of the peace of the said town for the term of four years, to commence on the first day of January, 1833. But the said petitioner says that doubts have arisen under the aforesaid act as to the tenure of his office, and as to his right to the said office, because no drawing for classes was had by the persons so elected justices, or any of them, under the said act. The 5th section of the said act, which has most probably occasioned the doubts stated by the petitioner, is in the following words: "Where two or more persons have been, at the last election, elected to the office of justice of the peace, the one of whom is the incumbent in the office whose term has not yet expired, the incumbent shall be considered as elected for four years from the first day of January thereafter, and the other person or persons shall be considered as elected to fill the vacancy or vacancies; and if they have not already drawn and qualified according to law, shall be permitted to do so within twenty days after the passage of this act." Your committee having fully considered the subject matter of the petition referred to them, are clearly of opinion, that as the said election of justices of the peace and the proceedings consequent thereon, took place prior to the passage of the act of April 26th, 1832, above referred to, that the petitioner, Jeffrey Chipman, by virtue of the said election and the proceedings thereon, became and was vested with the office of justice of the peace of the town of Canandaigua, for the term of four years. The petitioner having been elected under and complied with the then existing statutory provisions, it is confidently believed by your committee, that no subsequent legislative act could divest the petitioner of an office which is recognized by the Constitution. All the All the power committed to the Legislature had been exercised. The said section says, “if they (meaning the said justices) have not already drawn and qualified according to law, shall be permitted to do so within twenty |