New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-07-07
The Convention.


SIR: The Standing Committee Of seven, Oh the
rights and privileges Of the citizens Of this State
to uhich is referred az matter Of course to repor,
in favor of g civil and penal code, and, perhaps.
code Of procedure in the several tribunals or TO de-
clare, in effect, that the English law, as stood in
1117, common and chancery, for both are based on
precedents shall continue TO govern this Republic
are, General Tallmadge, Wing, who was one of
the most able and energetic members Of the Con-
venton OF 1921. and The Chairman u think OF its
Committee which reported in favor of the abolition
of the council Of revision Mr.. Ayraut Of Geneseo,
banker Mr.. Swsck banner reasurer in the Custom
House, New-York End who would, OF course,
throw up his easy snecure of $500 g year if be
did not think very nearly as Mr. Polk does on mat
iers OF moment Mr. Parish, Wing, lawyer, OF
Lewis county Mr.. Campbell Of Schenectady, far
mer, said 10 be wort half million MIR. Yawger
Of Cayuga, also farmer and Mr. Witbeck OF
Rensselaer, tAnti- Rent Messrs Campbell and
Yawger are, l am told, of the Crosweii school OF
Democrats.
find il difficult 10 perceive the precise limit
which divides many Of the Committees from one
another. Were it not for the specific character OF
some of the others, il might be inferred that the
above Committee, iNo. IL comprehended every
There are but two power, in any Government; the
power Of uinS enacthg the laws and the power OF
executing them for what Is called the judiciary is
branch Of the Executive power 1t executes the laws;
and what 10 called the Executive 10 experimenting
power TO see that the laws are executed
In the last Convention, Mr.. Van Buren, was de-
srous of uniting in body, (the Senate the
legislative power 10 consider on aud pass laws
the power OF resolving itself into an executive coun-
Gil and as such, mix up the discussion and deter
ol1 H. and
Judicial Offices and enjoy the honors aud patronage
of the S,ate-and the power of sitting. as ju-
dical tribunal 10 decide appeals from the other
courts and determine whether its own acts as
Legislature have or have not been constitutional
To put Democracy out OF countenahce, MIR. ' al
Buren, vas in favor OF combining the electors TO the
selection Of this remarkable body from privileged
class General Tallmadge, more liberal. endeavored
10 oppose this union OF powers and II has not
worked well. In many other matters ne was more
consistent TO the republican creed than Mr.. Van
Buren, though he made fewer professions; and !
would fain hope that the Committee 10 when the
great question OF whether we are TO have clear,
distinct american laws or q continuance oil the
confusion aud eternal litigiousness which has in
iured ave and beggared millions. under the names
of common law and chancery law, British law and
British procedure written and unwrltlcn-wlll de-
eide in favor of a scientific arrangement OF the
rules 10 which ali are called on TO yield obedience.
IL is indeed, q great ard important measure-per-
haps the greatest of all-ior where the law Is iull
Of contradictions how can any one know WHAT ne
ought 10 do or leave undone
The changes that will be proposed 10 the people
by this Conv enton, will, think be numerous and
important Whether, as 4 whole, they will be I'M
proceUuents, and whether they will be submitted TO
the people u parts. or es whole, nre matters OF
mere conjecture. The extension OF the right oil
voting al elections founded strict justice but
the slavehoding South liz most anxious 10 prevent
To- nrl,,
two natives Of the South have seats in the Conven
lion One of them, If not botb is untriendly 10 an
extension and ! scarcely expect that gentlemen
holding lucrative Offices during Mr.. Folks pleasure,
will stand forward as the champions OF an OPP
pressed race.
Convention of 1921. were these extending the
right of suffrage the councils OF revision
and appoinlment-vesiing additional patronage III
the people in their elective capacity-preventin5
Legislators from holding civil Ounces curing 'heir
legislative terms-forbidding Judges nnd Congress,
men from sitting in the State esslalure-reduclng
the Supreme Court TO three Judges and varying the
extent of it's duties-iniroducing Circuit Judges
recurring a twothird vote in the Legislature Oh
pirate money bills. and for creating and renewing
Notwithstanding The school iund ere
atiug A CENTRAL POWER, the Governor and Sen
ate in whom were vested the appointment TO q
vas, number of lucrative offices, which, far more
than high principle. has since, with short inter
regnum rnled the State, rather as corrupt faction
than as q party-for its leaders united their lniu-
ence with that of the General Government the New
York Custom House, &c. and Tammany Hail. like
the Capitol at Albany, became focus oil eorrup-
lion Party colored Judges were appointed 10 ad-
minister such justice rs faction couid aHord; hhu
they interpreted their powers. according TO Their
own arbitrary will, I'LL New ork Democracy more
than realized Won Mulers picture OF the Judiciary
of Sparta who. like ours, having an unWr1tteH
(common) law, which might mean any thing, as
there was no fred standard OF reference took ad
vantage of il IN corrupt times. while the Ephori
winkcd at their misconduct, aud the innocent sal
fered
The Convention in 1921, also stopped lotteries
pledged the tolls for the canal debts, and declared
The canals and salt springs 10 be inal'enab!e They
provided os future amendments OF the Constitution
but by such complicated plan. that It's failure in
some i'm purtanl matters recently strengthened
greatly the call for this Convention But they lett
the question of WHAT LAWS ARE AMERICANS
Buu>p TO oBSY - just as unsettled as they found
il; nor was Cinton's urgent request addressed 10
future Legislature TO endeavor 10 maze up or the'r
neglect by providing for a scientific and clear er-
raueement ever listened 10. Bascon. holman
ana think Harris, have expressed opinions com
Gliding with those OF Clinton, Jefferson. Bentnam
! Brouc ham, Romilly, Msckintosh and other honest
and eminent lawyers as 10 the necessity OF pro
viding for a code What the Convention VIII DO
know not-bu. perpetual appeals 10 costly iFiou-
nails whose unknown laws. administered by strong
" biassed partisans. may really mean any thing Is
not the repub!icanism OF l776 Precedents, myste-
ries. and intricate forms, have become the grand
study both of bench aud bar-iorms the importance
of which lies in their intricacy, and whose only use
is 10 impoverish upright ciIlzens, and make them
Justly dsconIented with The institutions OF their
( country.
The common law that would suit mercantile
manufacturing. peaceful business community Ike
the State of NewY ork ans the common law that was
fitted Tor a community OF warriors, like the English
with their Barons Esrls, Dukes and other teudsl no
bes, is surely essentially different Had this been
fully considered herein ls2l the blood split al Delhi
7 recently, would now be flowing through the veins
! of valuable ciIizen. and youth and age wou4o
! have escaped the felons cell Our law OF Heal
! Estate is drawn from the fountain OF the teudal
sys,eno-bu, New York in 1916. unlike Eng!and IN
/ 1876. and what would have been good common ia"
and common sense in the times OF W HAN me
Conoueror. will surely be longer ioisied on re
publican community where there Is, or ought TO De-
/ no distinction OF classes,