Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-01-04
GOVERNORS MESSAGE.
To THE SENATE AND ASSEMBLY.

call for legislation, | shall direct your attention prin
cipaly 10 our existing Institutions and particularly
| TO such notifications and Improvements of them as
IN my Judgment the best interests OF our constituents
| require.
| The judiciary department of government being
! that which is almost wholly relied on for the prompt
lastly be regarded first IN point of Importance.
Whenever defects found TO exist in its organiza
ton, and especially if they be of such character as
TO render II inadequate TO the full accomplishment OF
the ends designed by its institution, it becomes the
duty of the Legislature to apply the necessary
receive. The present condition of our judiciary esta-
blishment is object of much socitude, and of the
deepest interest TO our constituents and as such, it
demands, and, trust will receive your early and
dulous attention.
The basis of our judicial system is laid in the Con-
suton, and unfortunately II IS too narrow to admit
of such an enlargement of the superstructure as the
public exigences now demand. For several years
past the Legislature has attempted to modify The
higher courts Of the State render them ade-
quate TO the discharge of their and constantly
increasing duties. Several plans have been suggested
for this purpose; but owing to the diversity of opinion
which prevailed, no one has been adopted by the Lee
gslaare.
In order to bring this subject before youth mature
form, and with better hopes of effecng the necessa
ny improvements, an act was passed at the last SEES
son. directing the appointment OF three COMMISSION
ers 10 digest and report judicial and equity SYSTEM
which should in their OPINION be adequate TO the
public wants. The high character Of the individuals
selected while III cannot fall 10 ensure
for their recommendations liberal confidence and
respect induces at the same time hope that the ia
vorabe and definitve action Of the legislature upon
the subject will thus be secured. The commits
sloners have committed to me- for the purpose of
being laid before you, the result of their labors.-
You will perceive by the documents herewith
transmitted, that their plan contemplates consdera-
BILE changes in the organization OF the hghercouris of
the state In relation TO the court for the trial of i'm
peachments and the correction Of errors it proposes
that lille sitting for the purpose of correcting err
rors, II shall be composed of the Lieutenant Governor
Chancellors Justices of the Supreme Court and the
third and fourth classes of the Senator's 1t conem-
plates the DIVISION OF the State into chancery districts
the appointment of four additional Chancellors, and
an increase in the number of Justices of the Supreme
Court to five, with power in the legislature add still
further TO the number of Chancellors and Justices
whenever the public business shall require 1t. In
er to bring the causes now pending in those courts
and ready for hearing 10 a speedy close, the ap-
pointmen of three Commissioners for each court 10
hear and determine them, is proposed. 1t is also
commended, that the several counties in the state,
cept the city and county of New York. be organized
into convenient Judicial districts, and that presiding
Judge be appointed for EACH
change mode of taking testimony and in the trial
of in the court of chancery, with various
prericarrs or fa ANA eqy Aaes- new PROVISIONS are
principally designed TO diminish lugauon iacitate the
e suits and to prevent the unnecessary accumu
ation of expenses and costs. The views ana recon-
&c the commissioners emanatng as they do
from gentlepen Of judicial and professional emlnence.
intimately acquainted with the defects OF the present
svstem and well qualified determine what the future
exipences Of the State will require, are commended TO
YOU as the result Of enlightened reflection and well di-
rec,ed efforts 10 improve important branch Of our
government and SUCH they are worthy OF your best
All classes of our constituents will look with much
anxiety and high hopes your proceedings on the SUD
;e,t ofeducaton AS the friends ocivil liberty and the
OF legislative power OF aree people, we are
commanded by the dictates OF reason and the voice OF
duty provide literally and efficiently Tor popular IN
s,ruction An ignorant people would not long retain n
bv chance they should acqsrk civil liberty and would
never rightly appreciate its benefits To the insgence
of those who have preceded are we mainly indebted
for our free institutions and all the blessings that attend
them and il is only upon the intelligence OF these who
must be the future guardians OF these institutions ha
we can confidently hopes OF having them per
petusted and improved Popular educaten Is, mere
fore identified with civil liberty. We owe TO both the
devotion o our best faculties and the wsestappIcation
&c the means placed at disposal for sustaining and
promoting them
In authorization of the income be derived from the
poneys belonging the United States, deposited with
hi. Slate recomm endation submitted 10 the last
Legislature apply it exclusively to the purposes ~
This income was then estimated al Saoo'ooo
annually during the time the deposite shosld remain
With the State The plan proposed for the appropria
ton Of this sum increase the annual Distribution
IN the common schools twice the present sum- thereby
making il $4,000; devote liberal portion OF 1t to
the academies in such as not only TO increase
the amount annually distributed to them but to augment
the Literature Fund and add the remainder TO the
eapital of the Common School Fund The general pro-
position of applying this income TO the cause OF educa
on appears 10 have been coincden with public opn-
ion and do not doubt that il will receive your sane
| ,on There was however, some diversity OF opinion
in relation 10 combining the application OF Il exclusively
o. ,he object. before enumerated Claims share oil
- were urged in behalf of colleges particularly such
among them have participated :. all or but sight
w. in the bounty Of the State. These higher INSTITUTIONS
of learning are part OF system Of education and
tbe;r influence upon those below them in grade but Of
more general interest and extensive usefulness, Ger
tanly entte them to your fostering care Wishing e
be considered as repeating you in substance the re
Communications on this subject submitted 10 your imme
diate predecessors respectfully refer you TO my as
annual message for the which still induce me
10 urge their adoption The last ins,ament OF the De
po,e money having been deferred, the income VIII DC
| one fourth less than the estimated amount.
Though should regret 20 the least departure IRON
the generally approved suggestion Of appropriang TIM
income exclusively TO the purposes OF education ye,
is improbable that useful notifications may ~
made in the details OF the plan There undoubtedly
other objects connected directly with education beside
those already specified, which pecuniary assistance
| might be extended with great advantage. Elementar,
instruction Is only the first stage in the progress
of education, aud but little is accomplished II Their
be no advance beyond H. To make ample provision TO
cond uctinr all the children of the State through thu
stage should undoubtedly continue be, as IL hither
has been the first and main object of the Legislature
| vol All that public sentiment demands and the public
- ro,;r.s ,;l not be achieved until needfnl facili