Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-02-18


MINORITY REPORT.
The following report of Assistant Alderman Pot
ter, Corning the minority of the committee) was,
on motion of Assistant Alderman Graham, ordered to
be printed, and published in papers employed by the
Corporation and also in the Sun and Herald
Report Of the Minority of the Special Committee,
on Con ,iiering the Proposed idIo Rc-organfzing
the Criminal Courts of this City
PRESENTED ELLIS POTTER, THIRD WARD.
The undersigned, the minority member OF the Spe-
ciaI Committee, appointed to consider the proposed
law recognizing the Criminal Courts of this city,
has had subject under and differing
in opinion with a majority of the committee, he asks
leave to state his reasons therefore, in the way OF
report.
The undersigned thinking that the effect of the
proposed law will be tn improve the character and
of course the practice Of our Criminal Courts, OBJ
jects to sign remonstrance against the passage for
the following reasons
In the first place, he objects because one Of the
parties the remonstrance, the Board Of Aldermen,
have as Judges of the Court of Sessions, direct
cuniary interest to be effected by the passage OF the
law. He is further of opinion, that TO remove the
Aldermen from the Bench Of the Court Of Sessions,
and to supply their places with two well qualified
legal gentlemen, viii be decided improvement, as
in general but few Aldermen have that kind OF know
ledge and experience which would qualify them to
act Judges, and even if they all thus qualif-
ed their duties Legislators and conservators the
public peace, health and tranquility, are sufficiently
arduous To fully occupy their time and attention.
{. The change proposed is not without precedent
The Mayor of the city formerly presided in the Com
mon Council and in the Court of Sessions. This ar
rangem, Mt altered by providing diet the Mayor
should fill neither Of these Offices, and he more
appropriately confined To his executive duties as
Chief Magistrate of the City. The Recorder also
was formerly member ofthe Common Council, but,
by the amended charter, he was removed from that
station and confined to his duties as Judge OF the
Court of Sessions. IL j. but carrying out the same
principle relieve the Aldermen from their judicial
duties, and leave them more at liberty TO perform
those connected with legislation.
In short the principle lies at the foundation Of our
a. Of Of fh.s tate
of the Union and Of the United States, most carefully
prov ded that the Executive, Legislative and Judi
cal powers of the Government shall be separate and
distinct. and each confined 10 ITS proper sphere and
appropriate duties.
The objectan to that section of the law which pre-
the Recorder from practising law in the other
Courts Of the State is certainly made without due
consideration. For il is An anomaly in Judicial pro-
cecdings TO see the same person sitting IN one Court
as Judge, TO try criminals, and acting in another
Court as Counsel, 20 defend them.
With regard 10 the expense OF the new organiza-
ton, the undersigned thinks that with proper
nomy IL will be greater than that of the present
court. The amount that the pay ct the judges may
exceed that OF the aldermen. can readily be saved
by r.ore strict scrutiny into the expenses Of the
and fees OF officers, in case of recogn1ances
forfeited and other matters, which are heavy drain
on the public treasury.
As 10 the power Of appointing Marshall, sc. the
undersigned thinks il will be safe IN the hands Of
nine persons, judges and magistrates, acquainted
with the character and conduct OF the officers, as
in the hands of the Mayor elected annually party
grounds, and whose appointments must generally
be made according to modern praetioe) IN unison
with the views Of the party electing him.
II has been stated that the proposed law takes
away the power Of the Recorder TO act ~ Supreme
Court Commission The undersigned does not SO
read ofy9ndcrs tand the law. IL provides that the
two Judges TO be appointed shall have the powers
of Supreme Court COMMUNICABLE ~ the Ne
corder has those powers conferred on him, the
undersigned does not understand the proposed law
as tax ing them away, and If IL does take them from
him. IL is not sufficient reason to prevent the pas
sage Of salutary law,
TO that section of the law which relates to the
moval of officers, amendment may property be
made and il will probably be so amended that they
may be removed on complaint Of the Police Magis-
trates or other persons, on proof OF the charges at
hearing trial of the parties implicated, but thsy
ought not 20 be removed at the whiD or caprice Of
the Magistrates, any o;her persons, without
hearing trial
Vacne charges of corruption have ucen made,
against the Police Department. The undcrsi gned
has information on which to form an opinion Oh
the truth falschood Of these charges; but ADMIT
ting them 10 be true, IL certainly - ,rong argu-
mcnt in favor Of reorganization; Tor the very act
of recognising tends Immediately TO discover ana
uproot whatever corruption and abuse may hsve
grown up during long series oi years. h"" want
Of proper aud strict scrutiny
The Undersigned is aware that the opposition TO
the passage of the law in question mas assumed
decided rarity character; he cannot thcrciorc, ex-
n,c hot will be sustained by this Roard,
but believing az he does, that the change proposed
will he beneficial and the effects sanitary, he has
ri, 4, 40 he lis duty TO state his al some
length in Justification OF the vote which ne VIII feei
himself hound 10 give on the subject when present.
III g. ,ho consideration of this board.
Respectfully submitted; o., ,,,,.......
ELLIS POTTER,
Minority Of the Special Committee the
Law in relation to the rc-orrani zation Of
the Criminal Courts in thiscity
Cu.ruswTuEArRs.-- BY thel Ills oft e CA ham
Cr this ever ing IL will he perceived that the gro
tasouo negro da cling ( Diamond and Pc han, has
an ne 70 eded the cleg CANT ballet. advertisement 10
cot nm introducing four negro characters uron tho
stage AT one time viz Diamond, Pelham, Mr. and
MIS- Rennie being for tho benefit &c the at named.
As humbur seems TO be the orocrof the dav shouidnS