New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1844-01-03
haarfnllv bestowed and the Court of Chanccry,

cbeerfully bestowed; and the Court of ChanccTy,
although conducted with great industry and con-
ceded ability, has failed to despatch It's causes with
the promptltude due to the administration OF las
high equity tribunal, and the accumulation OF DGsi-
ness in these courts, and delays in the adnnlsra-
ton of Justice must extend with the increase OF 20
pulation and the consequent increase ofiltlgauon-
At several of the preceding sessions, resoiu-
tons have been submitted and discussed, propos-
ing amendments which should impose additional
restraints on the power of the Legislature, to aD
propriate the public money: but they cid not re-
ce;ye the sanction Of either House. The failure
was owing, perhaps, more to conflicting opinions
as to the details, than to hostility to the measure.
No one sincerely devoted to the well being OF
the State, and the happiness of the people, will
DENY the utility of imposing all needful guards
AGAINST rash and lavish appropriations the pub
lie money The tendency to contract debt, and
ncnr liabilities, which beset State, rapidly I'D
vancipp in a prosperous career, and with popu-
Iation eninently enterprsing and energetic, ought
IN he subjected to such constitutional restraints,
as shall proven: excess, while they direct the
GREAT and valuable qualities which characterize
our poodle, into safe channels and to right results
From discussions in regard to certain amend
roents to the Constitution, | cannot but think
that the public good and public opinion, demand
some important changes in the organic la". /
therefore deem it my duty to invite your attention
to the subiect-approaching it with a proper APP
nreciaton of It's Importance, with a firm reliance
npon the patriotism and wisdom of the Legis!a-
ture. and with the confident hope and expectation
that in spirit Of liberaity and mutual conccs-
sion, the necessary amendments may be matured
at the present session.
L, relation to the Supreme Court, am not
aware that any thing can be necessary beyond a
provision for the appointment Of two additional
of two or more additional officers, having co-ordl-
nate powers with the Chancellor. The Court for
the Correction of Errors. has, for a considerable
time, been overburdened with business; and 1t
has become necessary to apply some remedy
without delay. 1t IS not probable that SO numer-
Gus body can ever discharge all the Judicial bu-
siness that may be brought before it, and seems
to be pretty generally understood, that there
ought to be a new organization 0! that high t1oa-
nal.
The success of free institutions, and the vel.
fare OF the People, require that adequate proyis-
ion should be made for the prompt and etiicien,
administration of Justice, so that no man shall be
DELAYED, or unreasonably burdened, in the asser.
ton of his legal rights. 1t is generally agreed
that some amendments OF the Constitution in re-
lation to the Judiciary, are necessary, and
recommend the subject to your early and careful
consideration.
am also Of opinion. that the Constitution
should be so amended, as to take from the Lcgls-
laturc the mower 20 loan the credit OF the State tc
corporations and that limit should be fixed be-
yond which the public debt should never be IN
creased unless it should become necessary for
suppressing Instruction, rcpelllng invasion, or
carving on war. And some farther constitu-
tional checks should be adopted against the crea-
ton of debt, or the expenditure Of the public
money for any purpose, not coming within the
ordinary operations OF government.
The present Constitution provides that the
assent of two-thirds Of the members elected to
each branch Of the Legislature, shall be requisite
to every bill appropriating the public money or
property for local or private purposes" A diff
ference of opinion has frequently arisen as to the
true construction Of the words local and pri-
vate," by which the intent ans meaning of the
provision has been involved in doubt, and per-
haps, in some instances, It's object defeated. III
vote oftwo-thirds were required for every ap-
preparation Of the public money, except for the
public defence, the cmbarrassments Of this con-
stltutional question would be obviated, the pub
lie money and property would be more securely
guarded, and cannot imagine that much neon
venience would result from it.
At the last session Of the Legislature, a bill en-
titled " all act to improve the Court OF Common
Pleas, and reduce the expenses thereof passed
the Assembly by strong vote, but at too late a
period for the action of the Senate. The princi-
pies Of that oil appeared TO meet with general ia
yor, and recommend the subject for renewed
action at the present session.
The suggestions in reference to changes in the
Judicial department Of tie government, are sub
mitted with unfeigned difiidence. | offer them,
nevertheless, as the result Of my best reflections
on The subject, to the Judgement and intelligence
of the Legislature.
The foregoing suggestions for amending the
Constitution. arc based on the conviction that all
required notifications can be effected in the man
ner prescribed, and that the people prefer the cs-
tabllshed and economical mode OF acting upon
distinct and clearly defined propositions and that
Convention can Only be necessary when the Lee
ments as may be demanded by the popular scnti-
ment; and even IN that case, the question should
first be submitted to the people.
In my annual message of last year, while ex-
pressing myself opposed to extravagant expen-
ditures and ill advised undertakings" | made a
distinct avowal favorable to internal improve
ments by roads and canals, as cminently calcu-
lated to aid the enterprise and promote the welfare
of the people" | also expressed the opinion that
ga public debt was objectionable under any cir
cumstances, and should never be incurred except
on the most weighty considerations" that when
ever it was authorized, not only adequate means
and resources should be provided to meet the In
iercst, but ultimately to pay off the principal, and
that " expenditures for roads and canals should
not be based upon revenue to be derived from IN
discriminate taxation.N These general views