New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1845-06-25

I say nothing here iUv4i TIE to>A SN~fts 81 New.
York "a system adapted 70 the wants ot that sy
must hereafter be- suggested I ask attention. 70
plan tor aoOlishng all these Courts and a. IheS
officers and the substitution Of single couu viii
one, ST OF Judges Of equal grade and authority
lam rreparcd 70 establish ia feasibility ssun..
any objections have yet considered 4 there are
others. desire 70 Sc them stated
The detail. | use TO illustrate the plan. wishcs.
>upposlng that ihey are perfect
lie; the State be divided into OF 2 districts
lie, there be JudSc in each Of the ccunue,
Of the district, Ii there b. - districts there W.
be about o Judges IN each district.
Let these Judges alternately hold az mar
courts m the several counties OF their districts u
the business shall require
Let the judges OF district OF quorum q
then, 81, in bank a. 1t Ia called ! { hold couz
for hearing motions for new trials and the deesiol
of bin, Of exceptions ca~cs or the like tha, may
arise in the counties-such questions As now occupy
the Supreme Court
Thus the disposition OF the great amount OF bus
ness now transacted in the courts OF Common Ples
A. the Circuits and ia the Supreme Court viii be
provided Tor
To constitute a higher tribunal OF appeals to IL
sire uniformity OF decision and the impartial sni
unpreiudiced decision OF constitutional questions
lie, one Judsc in each district be annually detailed
20 form such a tribunal by this plan one -ei Of
udrr- will be- able To perform the whole Judicial
labor of The state Each one viii be- ,amiarised
with Oh the various judicial duties now divided
among different sets of judges, and as much oppor
,nitv given Tor review, of decisions as the Interests
OF suitors demand
reserve the argument IN favor OF the plan io'
future numbers after I shall have answered such
objections 10 X as may b. brought 10 my notice L
has already received the appreciation OF many who
are we'll qualified 10 Judge of IT, feasibility and
is likely To gain popular favor from ~ simplicity
and economy. Instead OF about $50 judges We
shall have bat 90. and instead OF the great amount
of business being a. now centralized at the Cap
tol we shall have tribunals more approachable by
.nitors and their counsel who become acquainted
with their causes At their commencement
would have no separate and distinct Chancery
tribunals. yet would by no means abolish Equity
Jurisdiction The law Judge will not be ruined BY
a thorough and constant acquaintance with The prin
cpes OF Equity Jurisprudence, nor will II be di'ad
yantageous To the Equity Judge TO be necessari!
familiar with the law and the rules and prscticesd
Common Law tribunals
BY the present Constitution our Circuit Judges
may be clothed with Equity powers and the study
and training that this has made necessary has made
them the better Judges The difficulty is that Their
legal decisions 90 up for review TO a tribunal that
knows no Equity. and their Equity decisions to one
that knows nc Law We have clothed our inferior
Judges with both Law and Equity powers, while
we have acted as ii the higher Judges could not be
supposed capable of comprchending both Law snd
Equity.
By dcvolving Equity powers upon our Coun'
the bonchcicni operations of Equity Juresprudence
may be preserved by an attempt 10 preserve inde
pendent Courts OF Chancery do not believe II can
When express a wish to preserve an Equity Jur'
iiction. however let me no, be understood desire
the continuance OF a complicated system Of form,
eercmony expense and delay, such as has cl rae
ierised the operations OF Chancery proceedinssin
our State for the last twenty years Equity can Be
bad without all this SENECA