New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-08-31


Statute Common Chsnccry all sorts OF legal differences
forced upon them a. ultimate aro.ters coua Keep Up
with active population OF thee millions sch a. ours
is This attempt vaInp up the o!d two Hllllos
OF conflicting rules wich men bound 10 obey a. the
Jews were the Ten Commandments. and 1t VIII prove
miserable abortion.
Where i the in statute that gives Chancery
relief i the controversy 500 ac denies Il II on!v So
Il reminds N Canada. in >3i, OF Dutcn'
man called Pennybacker who Was wealthy but careless:
and mad LETT lOO due a note the bank Tor which
four actions were brought ana b..i OF >,VV IN costs
presented although there had been no tina lie com
planned OF being cheated. aud the House OF Assembly
passed Cl!noHs bill OF only one acton on note no
matter how many endOrsers there might be- ms VS.
common sense but the lawyers IN the Senate put IN
proy!so that ii tine Tor 500, or more then the
lawyer night bring many separate lawsuits as mere
name, on the nO'@i AND taus il rlailu7 on ne!
Majesty Statute Book.
Explanation + S,e,ion Three.
Mr. Richmond remarked today that he had known
lawyers take sides in the Legislature. and dispute tor
three days as whether section IN the Constitution
meant tins or that-stoutly opposing each o,her-and
when member and placed tine meaning OF the sec
tou beyond dispute explanation OF Two or three
lines both sides joined III declaring That 1t was none oil
the business the Legislature 10 explain me Cohsn'utoh
Gcntlemcn say the same heTe-we agree 10 sections
respecting winch the opposite opinions are expires
sed this door by members OF high reputation III me
law and unless make the provisions IN the Conshtu-
ton clear and eyond cay what else VIII It prove 10
the country than subject OF strife and contention
This as-urcdly prevent
Mr. MANN proposed an explanatory section Mr.
gRowH desired 10 add the He aad that 10
provide that the Legislature should hereafter possess the
powers they mad heretofore possessed with reference
10 the supreme and Chancery Courts would leave mat
Der doubtful.
Mr. HorF,lAS thought that when the Convention got
nd OF the recognition OF Chancery and Common Law
powers by using the words genera. jurisdiction IN law
and equity the main difficulty surmounted. lie
believed that agreed that the Legislature ought 10
have the power amend. alter und improve THE law
He suggested that the judiciary Committee could frame
amendment which would be satisfactory.
Judge RUGGLEs stated that ;Ae judiciary Committee
intended 10 give powe! the Legislature 10 control the
Sudiciary the section they mad reported had been
amended A. stands. the courts override the
Legislature The judges may sit upon their benches,
ana may declare unconstitutional any law taking away
limiting changing the power OF the courts his n-
controlled power he did wish the Legislature 10 pos
and would therefore vote Tor Mr brown amend
ment
Mr. SlMmoSs considered the jurisdiction OF the Court
to be the Judicial power the State-the law-expound
ing powcr-whch should be independent of the Leg=a'
ture The supreme Court must have jurisdiction cock
tensivc with the law-the law that gives the right I'M
plies that the remedy Is given also We must haze one
OF unlimited jurisdicuon-a court that can take
cognizGncc OF every thai may come under the state
or United States aws. l. il pretended that the 3rd nm
dcrs the Legislature from regulating contracts The mode
OF proceeding prOrissory note. &c. The difference
Is between rights and wrongs and property between
jurisdiction and risprudence-betwcen changing rights
between equitable and legal rights What ne wanted
was 10 prevent the Legislature from taking away the
power OF the Supreme Court and giving rs jurisdiction
10 some other EVERY THING HAS TO Go THROUGH
THAT COURT. He opposed limitation, because II was
vague and might leave rights TO the citizens ana take
away the OF obtaining those rights He did not ike
the word alter for might take away To say that the
Legislature might srtUpcte he opposed
Mr. JORDAN asked II II required speech oil three
quarters OF hour from OF the a5es minds OF the
state 10 prove that the II has been adopted means
one and thing how many speeches OF nlcrmIn
able length may not have elsewhere hereafter TO
prove that does unless II farther explained here
M CHATFIELD suggested to leave our general. so
tina, the section would read Supreme Court having
Jurisdiction in Law and Equity.
Mr. KIRXLAxp was airaid that MI Browns amend
mcnt light enable the Legislature deprive parties OF
their remedies by OF which they we're entitled 10
have their rights secured Would not the amendment
limit the powers the Court OF ChanceTy 70 grant those
relcis which are indispensable
docs this mean that Mr. Kirkland wishes the undo
fined powers ofthe Chanccry to remain as they
now are beyond mi; by the power OF this people by
It's Representatives and he thinks these powers ought
so 70 remain d
Mr. Morris could not vote for Mr Mann amend
although he considered that the Legislature ought
have the power alter and amend the laws and rules
OF practice.
Judge RuGcLEs expaine, that according 10 his
views the section stands prohibition to the Legsla
10 give Common Law powers without Equity lurs
dictun 10 any inferior tribunal which may De created
He thoughtit might be years before the blending Of
the practice of Chancsry and Common Law could oe
elected Commission might be- required TO regulate
this blended practice by Code OF Procedure. As The
section stands, if Mayors Recorders Court Is ere
| aled. that Court must have Chancery powers.
Mr.. Manns section was IN these words
u Thr Legislature shall have the zane power 10 alter
and regulate the jurisdiction and proceedings IL La" and
Equity they have heretofore possessed
Mr.. Browns amendment 10 II read thus
a The powers. jurisdiction and proceedings OF The
supreme Court snail BE- subject 10 ,ucu additions, lni
lions and re- gulaons IL may ue prescribed by a'v.
For M Browns amended section there were 80 votes .
against 6e The Ayes, far as could hear them Tor
.Ta..
Dubois Gardner Greene Harris, Harrison, Hoffman
Hunt 4 Huntington. Jones hemble Marvin, Murphy Mel
lis. Nicol Rhoades. Richmond Russes, Sheldon, SIC
phens, StetsOn Swackhamer, Ta!rlaGge, !. Taylor.
Iilden. White W Wrignt-Absent 80
Mr.. MAINS section was !os;-Ayes 81 Noes o.
NJ. Jordan moved me following as new and al eX.
planaIory section 10 The 81 section
s.. The Legislature shall hare the sane polor to alter
and regulate the Jurisdiction and preceding. IN lac and in
eq,a'y iRa; taeg hare heretofore possessed
This motion was carried and the adopted (by 45 to
81, think
would have voted Tor il had il been suddenly pro
posed had had a vote But what does il mean In
al future legislation this section raises the question as
10 what powers the Legislature now possesses and
leaves il Distracted bench OF eight aspiring poll
;icans 70 decide First. adopt English eqG,y pow
forgetting 10 define taeEn-and say II
Constitution thai the Legislature has the old powers
do certain things What this bu; unset,ing properly
rights remedies every thing when all might De clearly
defined tolls thirty years acquire properly
to De sported wiki Tor the next twenty-five y
Future amendments 10 Tie Constitution.
Mr. Marvin from Committee No II which consist. OF
Mess-s Marvin Riker VAche Coos. Sel= Graham and
J. Young. reported the following article Tor he
Constitution
ARTICLE
Any amendment 70 hl- Constitution nay be Propos
ed II The Senate Assembly; and II lie stal be
areed oy majority OF TIE members elected 20 zach OF
the Two houses such proposed amendment o. amendments
sa DC entered the.r joGrg-s WIKI he yeas snc cays
taken thereon znd referred 70 he Legislature then neIi 10
Dc chossc and snail be published for three months pre-
yogs the TINE Of making such choice and l. II he Leg
i-a.lr- chosen Aforesaid. such propO-ec -rc
amendments shall DC ssT-ed 20 BY TWO .ei:cs Of 81
the members elected 70 each house :asr y snA De ne d.
OF he Legislature submit such proposed amendment
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