New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-08-21
NETWORK CONSTITUTIONAL CONVENTION.
TWELFTH wEEk-LxvIth DAY.

TWELFTH wEEh-LXvlth DAY
Time Lost-Fuiure nendments-County Courts
Mr. Patterson-A Judges Bill-Jusicial Pat
rOnage-The Separate Maintenance Bill-Hoff.
man on Law and Law Peas-Taegart and
Taylor on Uniting the Courts-Money in Chance
T-Gen. Van Rensselaer,.
ALBANY, Wednesday, aug 70 I=4d.
To The Edi,or Of Tie Tribune:
SIR; am more and more convinced. daily, that
il the lawyers are not checked in some way they VII
raise such difficulties vii make n, PLAN questions BE-
fore the Convention more and more difficult OF settle
en and cause them either hastily adop. some plan
presented the spur OF the moment as the judiciary
Committee did when ,hey abandoned the plan they mad
been considering and improving for - days. or else
the to the tender nerces Of doubtful
orities and contending factions in the Legislature The
extension of the blessings OF education among poor
OF the people. and many other Gesira
bl. be considered. must give way, =e,ernincly
want OF agreement among body OF men whose lives
spent IN disputaton.
One good MAJ result however Honest men cannot
but that the iasupersbe difficulties placed in the
way OF amending the pre=cn; Constitution 10y NJ Van
Buren, and his selfish majority IN the last Convenuon
may De avoided IN future by proylso Ia the Constt'
non about 20 be submitted 70 the people 10 the effect tha
when amendment the existing Constitution shall
have. bee approved OF BIZ a majority OF AT the Members
OF the senate. and OF the Assembly and signed bv the
-
Governor II shall be published all over the STATE and Il
the people by their votes three months thereafter
ton i; in the in which they may sanction the
new Constitution, then it shall! be part OF the .unda
mental law. This i placing greater check PROPOSE
aons for change than exists in the United states Const
tuition but in the present Constitution OF NewYor i'm
proyemcnts have been next 70 impossible.
Comfy Courts.
Mr. OCoHoR proposed last night section variance
with the Judiciary Committees Report as follows
There shall be in each county County Court having
r5tyiF1H IN II IN IN rlg lrns
Mr. srErsoS to-day spoke AT great length, 10 the same
question.
Mr. PATTERSON this morning wanted the Convention
10 define what sort OF County Court was proposed
lie wanted plan in advance He believed one want
ed such County Courts have had. The returns
show that the judgments IN some OF them have net
amounted sufficient 10 pay the expense of the
Jurors The people would have saved bv paying
the moneys recovered before trial. Why could the
Surrogas be authorized - issue wrts 10 apply in local
cases He would desire 10 elect two Judges, VINO in
each county. should hold the cCurt, with supreme
Court Judge. One courts arc complained oi-but
why . The Justices Court and the Circuit Courts
held each by man. and II am gentleman shall com
pare the County Court with i've judges pcrchcd on IT.
bench Tor with the Circuit Court he will lind
that the will do more well. in week. ;han
the Will do II 10 have County Courts.
Mr. p thought Mr. Mgryins plan of President Judges the
best; when the Judiciary Committee 10 draw
up their plan they found they might well call
their President Judge Supreme Court District Judge.
He would have the jurisdiction and go over the
same ground.
WHY then have confusion OF two Courts two sets OF
rules salaries and two sets of proceedings What
would be the OF it Counyudge- now received large
sums Tor fees for services which Justices OF the Peace
were perfectly competent 10 perform. Here are the
items in a single case where County Judge, bound
over persons in not or disturbance Thus and
thus did the judge draw out his legal bill:
Attendance % oatls, 81; orders for % warrants and
su bpan,i for 58 - it- s. attendance on rc.uin &
subpunas for ~ Ivrits, 10 -
Swearing ~ witnesses. s. % drawing and eugross
ing ~ olios OF depositions - y IS
Attendance and orders that Il defendants give
riry. s. 81 - recoguyances - II 10
Attendance and orders that 70 witnesses give secur
", -; 10 TecoEnizhnees, - 50 %
Attendance amt orders 10 discharge : defendants
ArenGance and orders To discharge Il defendants OIL
giving bail - 30 do 10 Witnesses, S5...--.... IS -
One days attendance or examination : ~
TOTAL. ............. SO 25
Nj TAGGARr-Did they indict this judge
Mr.. BRowN.-Wha, IN Gods name. was the Judge
about when he made these charges
Mr.. J TAYLoR-Wa= this for one days work.
Mr. PATTERsoN.-He |as examining and binding over
some persons charged with riot Why have I'VE such
up such bills IN each county
Mr. OCoNoR said that the Common Pleas no longer
retain the respect and confidence of the People He
would 60 President Judges on The plan proposed by
NJ Marvin. rs Improvement in these local Courts
These President Judges 10 preside in number OF coun
ties.
Mr.. W r. WRIGHT the other day said that
''WIih very honorable exceptions, our Courts OF
Common Pleas have become by-word and reproach
them. and least OF 81 TIE Legal profession Ile Judges
LITTLE of the elements much less OF te practice OF the
they untitled by their ordinary avocaons 10 cor
recy discharge me grave GUY llro" upon mem ai 80
lar experience had enabled him TO form conclusion
their decisions frequently the offspring OF impulse
and prejudice than of del5erauon and enlightened reason
Besides, They To great extent partisan Jud1es OWING
RESPONSIBILITY TO THE PEoPLE-hcy are sometimes
appointed sUbserve partisan nn judicial purposes
and have been where. from the uci that hey
owed their selection 20 their own merit but TO The ~
Huence OF one member oil the haf tnSE nave psculHe NJ
willing creatures. rms Court, so inefficient ana Gnpopu
lar destructive, times, OF the ends o; justice and OF
law, costs more 10 NE people OF TINS STATE than a. oAef
Mr. W B. WnIGvr-With the exception o; Justices
OF the Peace Judicial force i created by CENTRAL
POWER and the OF office OF The Judges OF the Su
preme Court Circuit judges and Chancellor, i, IN
effect for lie The result Judicial a-tocracy feel
Ing possibility 10 the people the primary source VI
all power Has the Office OF Judge been bestowed
in nunbcr!eSs Instances reward Tor partisan scry
ices and eR Il not BE- G2G should ne present system %
continued by tbs CorgeHti5H,
He did not know Notifying or disgusting
spectacle than witness high Judicial tuncronery
descending from his high position TO receive paltry
fee for granting order or taxing an attorneys b! OF
coSts-Rnd II became sui more SO when ne saw the
nudge engage petty partisan struggle 70 appoint some
tvoric either the Office OF District Attorney Clerk
Register or Injunction Master OF HI Court The Report
o; the Majority II adopted would remove such spec:a
c!es Another defect OF the system i The multiplication
OF inferior officers I.Gctes OF the Courts TIE tees
OF these dle officials swell the suitors bill OF costs
and for this enorrnity the attorney i blamed Mr. NIX
land had given apt illustrations oi TINS
The Case Of .Scparats Maintenance
have Jus, seen bill Of a sui, IN Chancery
b,or, the Vice Chancellor the 9TH Circuit winch hA=
been paid without taxation The parties reside N Yer
non township Oneds county and presume IS the suit
referred By Mr. kirkland IN MS recent speech on Law
Reform The wife prosecuted ihe husband for provision
,or separate Here i the bill oriit:ing
Attorneys 10, plaintiff their bill including about
$500 which ry paid the Examiner for their port;ou OF Inc
testimony tsken and abcl, S2,l PAID - for a's aid
Total about l'5-i
St Attorney Tor Defendant, about se1
ri do do do DO -.-.....,.-.,....... 10
Defendant, pad Examiner in Chsueery he charge
allowed BY Law. The folio eoot! Goo
defendant 9Aia w ltsesses
do pad his Counsel about rs
The W hole cos, OF lhe suit .Ssis
Here Is case which could have been inquired into
tried and decided III an ordinary law Court including
anv disputed question o. TACT that i might nave been
necessary 70 decide by jury IN Two 10 I'VE days a; an
expense Q; 500 10 500 sveled up 70 Sii9 L :
worth w;s:ic sruul lawyers 10 sow dssenson De-
tween man and wife il By doing they may oe permit
ted 10 reap such golden harvest suppose the law
yer on one side NJ honesty disposed 70 stop sucl
suit on u must 20 II his opponent 20 decides and Il
ooks 20 me a. i the Convention heSi:a.ed 70 asorc 3