The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-08-16
Constitution nj Reform.

present Constitution OF this State, through the az
sembling OF Convention for that purpose, a number
OF gentlemen interested in this measure assembled at
the Tabernacle yesterday afternoon at O'Clock.
Hon. ROBERT III. MoRRs,lMayor OF the city,
presided and DR.. Wilson acted as Secretary. Let
tiers in reply TO invitation TO attend, were received
| from Ex-Lieu,enant Governor Tracy, Ex-senator
Tracy; Hon. John G. Spencer, Secretary OF the
| Treasury; George p. Barker, Attorney General of
the State Hon. Churchill G. Cambreleng, Henry
ORiey, and Smith, Esqrs., in which they expressed
their cordial concurrence with the views of the As
sociation and regretted that other engagements pre-
entedithelr attendance
RoBERr H. MoaRIs then rose and tatea the objects e
the meeting, as presented to him by the Association
and in auson to his position public officer remark
ed thar ne conceived TO be duty he the people
as well as every other public agent to give their private
reasons Tor participation in public acts He then passed
iato clear full and elaborate exposition of the evls OF
the present Constitution OF the stse In alluaing to the
Executive he pointed the extensive DO
by him in appointments 10 office, and showed The
mpossieity OF his being enabled to possess the loo
Rsowefge to select the best qualified perform the
du'ieso the nee for which they chosen That in
me select OF all the chief judicial offices of the State
'he supreme Court and Circuit Judges he Chanceilot
and Wee Chancellor, the Notaries Commissioners In.
spectors, &s, making total2oi nearly thousand
judicial officers and five hnnd ed administrative il
was perfectly apparent, that seated he
at the head Of government. he must depend solely
upon the representations Of others, not his
own knowledge in making such selections. He
therefore in favor OF allowing the people themsel
select their officers for town and purposes
whereby their capacity integrity and industry alone
would be their recomme to public fiji fe then
alluded to the peculiar possessed by the members
OF the state Senate in their present cspaci
rs Judges Of the Court of Errors that being the
final appeal in our jurisdiction That this court com
posed was of from branch OF the xre
that created the laws brought before them for
stutiona review was net such court as could
decide the great questions often at issue. Because if
judges they felt disposed to vote for law constitution
al which had been previously passed by Their act.
hey nd tna ftutAp and .laL
no other remedy. He then passed into imaginary view
power that could he usurped under the present
suon with the combined and separate action of
the Governor and the Court of Errors-hat the
may by REJECTION compel the Governor to select the off,
GERS Of theco choice-that the Governor may
asnern county clerk or coroner and be the sole judge
oil bis own acts and appoint another in their steadhat
senate concur the deed is dene without appeal under the
constitution The powers OF the Assembly and Senate,
he commended unlimited, if they in copjunc.
tion with each other, as the only limit required was
two-thrd vote which gave them power away the
whole properly of the State gift any corporation,
or for any other use That the same power gave them
the removal Of the Chancellor judges of the ST.
preme and Circuit Courts, from which there
the ballot box After auding the powers of combna.
ton under the present constitution he cited instance
of suit brought under certain Legislative act that as
voluntarily carried 10 the Court Errors comprising
the same persons that passed it, in order to obtain their
immediate action, that 1t might be constitutional law.
He cited this merely to show the abuse that might be
made OF the present constitution obtain the perpeuity
of unconstitutional act He argued that the power Of
general laws and then that the counties and should
apply them to their own wants and necessities This
to our legislative halls He contrasted the eppo.
sition to relnqush power exhibited in the Le-
gislature, to our Common COUNSEL who had SO
long and enaciousy refused abandon their executive
functions to departments and keep within the
precincts Of legislative action alone He said he would
recommend the appointment of more Supreme Court
Judges as one measure Of reform, and make them al
ternate al circuit in the several counties that they
could ascertain the views and feelings OF the peope
character brought Al
That the Court Of Chancery should have jury to
try the facts before them and that all the causes
should be heard by themselves and not
by the masters He asked if jury to de-
how much more SO il in the cases that
came up before the Court Of Chancery7 AS Court of
last resort in all questions diving the constitution
atty of law, he would recommend that the Supreme
Court Judges and Chancellors be Court Of Final Resort
The last Court OF Co sttutiona appeal should be Of
the State which Court should have cogpiznce of the
facts attending the but merely be the judges of the
constutionality of the law that thus the power that
made and adopted the constitution should be the
before whom the constutonalty OF the law should ba
decided
Weha thus given a slight sketch of the able views
othe Mayor which were received with loud expressions
OF appreciation by the small but intelligent audience
THsoDoRE ST. p1wicK Esq. then introduced to the
| meeting and delivered short but very comprehensive
remedy desired by the people at the present period.
The meeting then adjourned to O'Clock in the eve
| ming
EVENING SESSION.
|
the disappointment OF large audience, it was an
nounced that Col. SAMUEL YOUNG, Secretary of
State, hid not arrived was expected, and there
fore his anticipated address would not be delivered.
Mr. L L. SHERWOOD, member of the leg stature
from Madison county IN this state. was then intro
duced TO the audience, and unclaimed their atteL.
ton for hour In argumentatve speech, show
Ing up the abuses ot government under the present
constitution ot the State.
Hon CHARLES H BENTON, member of Congress
from Herkimer cnunty In This State, ives next lnlro-
duced to the meeting, and asserted his hear:y con-
eurrence IN the views presented by the gentlemen
who had preceded him.
| In the course OF the evening one Of the members
OF the association presented declaration of princ
| pies, based upon the letter OF Michael Hoffman,
| which has heretofore been published.
IMPORTANT ARREsr.-Manuel Flores, a Mexican,
we see by late st. Louis papers, was arrested a few
weeks since, about 100 miles south of Fort Gibson,
Arkansas, by the Indian Agent, under suspicion
justified by his mysterious conduct, of being an
emissary among the Indian tribes from the Mexi-
can Government. On his person were found seve.
raj official papers from General Arsta, recommend.
ing him TO several tribes as agent of peace. His
policy, the chiefs have confessed since he effected
his escape from their custody, was TO effect peace
among all the Indian tribes on the Texan boIder
and form them into general league to unite with
the Mexicans in hostilities against Texas. He was
an implacabe enemy. of Texas, known and feared
on the border, and had been engaged in this mis-
sion since ls4l. The Creek nation, with whom he
endeavored to treat, refused his overtures, but the
fact OF his having tempered with them, is matter
of sufficient importance TO demand the attention of
our Government, and dispatches have been sent
on, setting forth the circumstances in detail.
CoNspIRAToRs lNDIcrED.-The Grand jury of the
Court Of General Sessions of this city yesterday
returned a true bill OF Indictment against James
Bergen, jeremiah g. Hamilton and Richard SUIT.
ton, for conspiracy, in endeavorng TO defraud the
Atlantic Insurance Company Of the sum Of $4,000,
IL Il nlod