Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1842-02-08

RNING, FEBRUARY 8,
RooT9ani7afion q the Court q sessions
In Assembly, JAZZ rs, ISE.
REPoRr or rHe COMMITTEE ON THE JUDIctAny, on
THE MrMoKAL AND BILL REsrDc ING CRiInAI
CoURrs OF TEE CrY AND CsUxrr OF NEW
Mr. O'SuLL,vAx, from the committee on the judi
eiaTy, 10 which was referred memorial from the
Mayor, Aldermen, and commonaity OF the cay o
New York, for the repeal Of the law passed May a.
l840 for the organization Of the CRIMINAL courts
Ofthe city Of New York; and also bill TO carry into
elect the said repeal, Reports:
The memorial Thus referred to the consideration
Of this COMMITTEES sets forth That the law whose re-
peal ID prayed for, has not produced that effect Of
advancing the public interests, which Is TO De pre-
suned must have been the design Of the Legislature
Sesloss at present constituted, has neither been
the msans OF despaichlng the public business nor OF
maintaining the public peace, TO any greater extent
than under its older and better organizations: that
uuder its former organization great benefit was de-
nved TO the public from assocatng the alderman OF
the city ia the administration OF criminal Justice,
BY ensuring public confidence in the Judgments OF
the courr by furnishing essential aid in the proper
effect the design of the charter Of the city, SO ~ to
make the great end OF criminal jurisprudence COM
mensurate wish an enlightened public sentiment;
and that the law above referred TO was passed con-
notwithstanding the remonstrances OF their a.
tatives in the city and state governments, andwth-
ont the requisite constitutional vote. sot
So strong HIS been the repugnance OF the people
o the city Ia this law, represented IN their mum.
cpal councils, that ever since its passage the latter
have refused to recognise its constutonality; have
refused to make appropriations tor the salaries OF
the additional Judges appointed In pursuance with
i's provisions; and have been engaged in angry and
protracted litigation with these officers, in relation
to the payment Of these salaries; while the novel
spectacle has been ever since exhibited Of double
Get OF judges in occupation OF the same bench, each
denying the constitutional legal authority Of the
other to the places which both have been upyieding
in maintaining; with occasions from time to time
arising in which the most unseem'y collisions OF au-
thority have been with difficulty avoided, only by
mutual exercise of forbearance and good temper,
the inexhaustble continuance Of which it would not
perhaps, be wise ala ays TO rely. aafafei
This committee consider II unnecessary to pause,
in view ofthe cogent reasons of expedency adduced
against the continuance of the law complained of,
TO dwell upon the question of it's consttutonality.
1t has been strongly and urgently challenged on that
ground, as violation Of the chartered rights and
franchise. of the city, Of ancient date of repeated
continuation, aad OF very recent ratification both BY
the Legislature and by the approval Of the people
themselves interested, in Convention assembled
The law was enacted without that maiosity Of two.
thirds which the Constitution Of this State expressly
nuing, altering or renewing any body polite or cor
poraie." That it did involve very material altera-
ton the charter with reference well to the bur-
thens Of the municipal expenses as to the riGpH Of
the people and the privileges Of their elective su-
thorltee, cannot be seriously questioned BY vote
Of this house (0 to l3 at the session ensuing that
at which the law referred TO was passed, the neces-
sty Of two thirds to bills of this character
was expressly asserted after an extended discussion
OF the whole question. And although an edjudics-
ton he's been made By the supreme court, favorable
to the ccnsiutionelify Of the law yet it was made
BY divided bench, and On grounds, q contained
10 The opinion delivered by one Of the two members
Of that tribunal, composing the. decided majority,
which seem 10 involve, notwithstanding it, nice
technical distinctions, virtual surrender OF the main
Question. IL Ultimate decision by The Court for the
Correction Of Errors. TO which an appeal from the
judgment Of the Supreme Court has already been
taken 10 NOT proper subject for speculation BY this
committee. 1.sn afH teg t
The committee repeat, that they deem it uuneees.
sary 60 further into a super6uous consideration Of
this point Of view in which the obnoxisus law in
question 10 pvesessed by the memosiaA vstsvved 70
men,. They have thought it proper 10 be thus al
uded to, only for the sake Of not letting the occs.
SION pass without asserting the important principle
Of legislative independence of judicial construction
on constitutional questions. Even if the Judgment
vor Of the eoestitusionsty Of the law than, when
closely scanned, il is found to be- il would never
thelete, be net only the right but the impe rative
duty Of the Legislature To repeal il Immediately, If
point should be adverse to the law, even though they
should find Themselves at variance with any or all
.ne memVen ni sne Juo'c.sIy IN .ne S:s.e. aney
PIvS1tu UlsE ~ .sa.o ~ o'.s, IS s ~ t.oauus
On Mncn' ~ Wem "p'?on e p,::t' We emo
nans1 ~ .ne P.eTe y. noSs ieIe.eHJe
the cons.Nuuo"eI 9ue"o.' oushs - VIC eisn.eo, %
an NC! oe Wise anu p'op:I Mes'a""A' ana inc re-
m22vsioi an ogp.e.te s,aevs.Sc !.
In the hrst place, the operation OF the law 70 re-
move from the oencn OF tue CcsIt OF TeneIai oes-
slons ior the city and county OF New iork the Two
aldermen VINO, py the csartei OF tne cry. were ae-
a. -.~A. .sAv n ~oDx &c
once, ana CHOSEN ana aPpomieu, hot ~ the people
themselves locs'y interesteo p9. oy the exraneoos
anenonty OF tne governor ana senate Oh the Snte.
10 TINS feature e .neL ina!'ea .ne people o. ne
Tor not only oio Pre- van rrspect
Tag me con@'uson o. na. ttiounai, put not ls.ner