The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-08-21
Judge Scott of this city, which we ssbjon, as fol-

Judge Scott of this city, which ssboin, as fol-
lows -
LITTER FROM Ma. HOFFMAN, 70 JUDoE soorr.
HHRKIMER, July 81, l94S
Dear sir-n common with every democrat who traces
present debts deficits and misery their true and
vious causes you doubtless desire thorough radical
have expressed the opinion, that the Judicial power
should be taken from the senate and vested courts held
years On this part OF the subject desire express
you fully than couldin that letter, my for
this opinion
need not argue with you prove, that the want of
Correct detailed distinct provisions in statute always
makes dark and dangerous and often renders most per-
nicious law which with such details would be
full Without such details the best general principles
net merely lost but often made the cause OF mischief II
this true in the most simple the details rise
extent of the subject On the subject OF judicial reform
embracing the com IMPLICATIONS Of practice and pea;dings
tion the whole and to hitherto insupersbe difficulty
lies in details and FORMS Without correct details in the
laws authorizing it, there can be no law reform.
The Assembly and should be elected for only very
short period 1t is unreasonable to suppose that body
its committees can render any considerable ana IN p
for longer period and must perform that most Tseiul
and indispensable labor but the Senate 80 Court of
Errors present organized must employ twothrds Of
the whole hearing and deciding particular
As the multiply that period must extend and 10
few ears with the Of population and business
epgross the whole time, it now does most of the
thoughts ohe Senate At present the Senate devote
time legislation only in the hurry and hustle Of the
forms details of statutes Until tho Senate Invested
efudical power and duty it never perform its most
useful legislative functions in the government We can
expect no useful smJcation Of law practice and plead
ipgs or clear consistent Ineligible statutes The study
already bestowed by Senators on would
lit had beer devoted the subject have given simplicity
beauty and consistency to the whole law, and made
Ineligible. The change is necessary to preserve the
Senate part Of the Legislature For IN lew years,
the increase of must bury wholly in judicial
business and lose it TO actual legislation.
Court Of last resort, the Senate reviews and con.
the VIII il Assist
enacng them it knows and ieels that 1t reserves this
great power to construe them. Under such circum-
stances haste ndul ged careless obscury encouraged
and the utmost diligence will do than make the
law so that be understood But il the legislative
power knows that it can only enact and not censrue
the rule and that others will give construction and
apply in practice will seek to express that rule and
the for it, in terms so clear distinct and precise
that the ordinary scity cannot msconstrue
msappy it, The divesng tho Senate of judicial power
would thus believe, lead to most useful radical reform
in the laws which be expected while that body
is the Court OF last resort.
The Court Of last resort must to all ending
there be the Constitutional Court At present the Sc
may enact statute and Cour declare that sta
tute constitutional and binding In this manner may
and by the force OF aggregated precedent it has repealed
the limitations set legislative power.
AS the of last resort is necessarily the court to
the constitution, should like the present. be held
short rsaonabie periods Of or ten years. and The
Judges of the highest courts of original jurisdiction
be part OF the tribunal of the last resort they too
must be elected.
Itmav be feared that such Court may itself become
tyrant On what, ssk7 It can make no law. 1t can,
at most only consrue those made by the Legislature;
and by due in that body it give to its statutes
that Ineligible certainty which darms construction OF
all power mischief As the Court by construction
gain power themselves make law they will be less
dsposedt increase the power of the Legislature against
the limitations Of the constitution and ifthe Court shall
nrously limit and restrain the exercise of Legislative
power the Legislature may remove the restraint by
posing amendment the constitution In this way the
dispute will speedily referred to the people, the proper
and responsible arbiters Of the matter.
If these considerations do not entirely persuade you as
they me- that ought and dives the Senate OF
all Judicial power should vest that power in courts
held by Judges elected for short periods hope they
may induce yeu to mature substitute that shall secure
to the benefits which ardently hope from my pre-.
position Reach these benefits and avoid the great evils
to which l have alluded, and will be content.
With respect and esteem,
am yours, truly,
MICHAEL HOFFMAN.
Hon. JoHn B. Scorr, ESQ.
New York City.