New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-08-17

speedily obtained no. upon forms OF practice bu. on the
ners OF the 4, the Norman Conquest ne to--n5
Of the civil a we're introduced and mixed " with ;iis
simple svstrrl-fiction was ulei upon fiction technical
III upon techncaity-the whole had become Ey=terT
OF mysteries, the bet a?yers when sitting down
70 prepare met every side br pitfalls II
stand stl under such system wOui b. csel: az innovs
ton fir y Went MO historical account u legal nc
ons-trover s<s1Irpsi A. 20 legal picadi1E- when
man =its down 20 draw hs plea n is required 70 Use
the most Ier1!ous precsion or ihst generality which
saving nothing i e had - choose between
the two he would say that the proceeding Court o.;
Chancery OF plainly stating case IN simple easy under
stood ,ern- moro 20 a. mind char tae more tech
nical and difficult forms OF what j. now called tn CON
mon lar
suppose ne Convention had 70 start anew, and estab
sh system o: law for rrsr.hld would iheT make
s,..ep,s no forms Of ,,racre two courts administer
ng jnstice according 20 POSITIVE Law The Court Of
Chanccry is JUS. a much bound oy precodeniz. and
positive rules a the supreme court ne ioFlner :
not rnean- OF relief from the rgd letter d the law &
administered in the latertrey are already 20 mixed
up thai the Judges themselves unable 10 agree what
should be brought into the one court and what n the
other This i age OF progress and why should law
be an exception Why should law refuse 20 submit 70
that spirit of investigation and reform which has gone
forth among Why il TIA; laT. which should be
the great o: binding soc;ev together has become
the greatest public grievance
Mr. EcoIL sought show that hall the jurisdiction o:
the Court o: Chancer had been Incorporated into the
Law Courts and used many arguments 20 snow mat
they ought be united. i had been stated 20 hin
few year. since. i couple OF men had a difference
which they left Arbitration The Ar5itrator= July
agreed Int made mistake OF 800 rendering me
award against the defendant which they aiterward
perceived and bo;h admitted i; The p.ant-. asked 20
have gr,en; reHdercd-thc defendant requested the
Supreme Court the admitted :n!stiHe Inc
Supreme Court Judges decided that a the award mad
been made before a subscribing witness ther mad
power 10 correct the errorhey could only up the
award Turned out OF this Court the defendant sOugh;
relief from the unlawful payment OF The $500 in the
Court Of Chancery. nd showed that the supreme
Cour; had refused interfere. Whattcllowed' Chan
ccllur WalwOr;h full inquiry. decided that the
prernc Court wRoSGta they mad power 10 ave re
lcf-had rsdc;lon and ought 10 have decided the
poor defendant should not, through mistake, be made
10 pay 800 Intended 10 be required from him by
either arbitrator The thus dismissed IN the
one Court with against the injured applicant and
relief refused in the other The defendant next applied
70 the Court OF Errors BY writ OF Error but the Su
preme Court would send up the aihdarits the writ
quashed and the poor man had 10 pay the $500 ne did
not owe and other 5000 in the shape OF law costs and
all this because the line between the supreme Court and
Court of Chancerv could not be distinguished Was not
time TO unite these Courts ana have one form OF practcc
in both when effect OF their separation was thus 10 de-
ny justice the citizens and absorb their substance He
believed hai blend these jurisdictions together would
be OF the greatest blessings that the Convention
could aid comforting upon society The subject OF
codi;icaton nc would then discuss What was want
ed for the country 10 give some certainty 10 those
ever changing rules OF the common law which depend
on preccdcnts almost innumerabe, and vary with our
judges that when practitioner takes case IN hand
he may know that he i not 10 be embarrassed by mere
mysteries
Mr. STRONG of Monroe is not what is technically
termed awycr-he does not speak in courts by srE-
cIAL LICENSE, granted 10 3OCO and refused to nearly
three millions of the citizens OF y. y. but nc Is farmer
of great experience and has notions OF his own AKIN 10
common sense, which II they are not according 10 law
il is clear TO most people that II" ought 10 DC according
to them.
He spoke very well on the question OF Judiciary Re-
forin-said that Monroe had good County Court, and
paid IL District Attorney 1880 salary and it, County
1000 their salaries Board
o Supervisors As TO the licensing question he opposed
the provision winch directed the Judges 10 license r
privileged order OF men. the exclusive prBctit
the law M such clause ought 10 be allowed
in the Constitution OF amy tree people What would be
thought OF the farmer mechanic VINO should come
here and ask that before follow their occupa
ton they should require examination, al apprentice
ship and license from agricultural Board' In other
states had been found easy TO administer Inv without
the aid OF licenses.
He brought resolution toprcvont AL suchlcensc=
in future and Onondaga County has denounced the law
licensing system and instructed her representatives 10
use their influence destroying It | have not heard
any OF them mention the one OF them, Mr.
Munro perhaps sick Like Mr. Allen he mas been ab-
sent almost the whole session.
Mr. STRONG thought thar the SuTocates should be
paid by salaries ta those salaries should be under me
control OF the Board OF Supervisors Ia good idea ana
that they should he elected Tor four years ana mat AZ
Of Office received by them should be paid into the
County Treasury.
why no, apply Ibis plan to County Clerks also -
Why should peoples private business pe done Tor no.
thing Why should 5000 $4,000 $1,000 100000 and
sometimes 10000 year be pad to political par'isens
some OF whom carry their private business at the same
time ana only visit their deputies 10 look after the
fees Il
How asked Mr. Strong can the Legislature tN the sal
ares urroc6cs. when the labor differs IN different
years. and in different counties
1f nor
Mr. strong alternatives presented 20 the considera
ton oil the Convention. and opinion was divided IN
Convention but not out OF 1t Inc Ars' a!teTha
tive never had been required by the people-they
haG had appointments made Tor them by Governors and
Senatcs long enough II any one question was decided
" settled by the people OF AL parties II was that The
elective principle the great and governing principle oil
our institutions which the Convention had already up
piled 70 the Governor Legislature and state officers,
should also apply the Judiciary The people desired
10 ecc their Judges the men who would SIT III Judgment
on questions OF property and personal rights and en-
force the laws ioI the protection OF ooiH ana II was
libel them 10 say they were not As sale rs compe-
tent and proper body 10 do 20 rs could be found IN
hc STATE IN his opinion large majority OF this Con
venton would be found 10 be mighty favorable TO the
election OF the judges every man 81 them by the pro-
pie who sent here the Delegates. and who called the
Convention That the mandate OF me constituents
O; Members. In Monroe County, there We're no two
opinions on the subject
so TOO o! Justices the Peace he liked tine decision
of the Committee and believing that many towns DID
NOT REQUIRE four Justices he wished the people 70 have
power in their several al their town meetings 10
sAy how many justices should De elected The lurisdc
non of Justices cour; extended SlOO, but
conclusive only the OF 500 ne wished 70 give
Justices OF The Peace Original Irlsdic on - the amour;
$3.50 and exclusive Jurisdiction 70 the extent OF SlUu;
and he wanted 10 appeals and eertio=ars from jus
noes courts abolished Why should not mole OF so
be collected Justices where the costs
So iss.ea Of cI.iVg L mo County Court TasTs the
co:,s in many cases M Be sssd large eg0AA 20 slioIc
up ss Judgment Iiiw SAID they mad not good juries
he asked why then did the Legislature give taeri
better There i not :own III he STATE n which good
jury could De obtained 10 secure which Isl could
remain IN the ,own-c!erks o:ice When farmer has
case tried he wishes o! H. own class 70 oe on
the jury
pesls Indc- which they have long ;-osaed anc been
Cheated out and !awed OF the fruits OF many years
o. Toll and industry They had applied IN vain 70 the
Legislature for relief from This systematic oppression
and now look 70 the Convention win the same views
Prttv cases were carried up from the Justices Cour;
ana RON the County Court 70 The Circuit: Supreme and
Chancery CoL-;s and many ani when they ger oGi
of law that they have been oesga-et Make the
Justices Courts wha; they ought 20 9e--proS1ee
:hs, the Legislature MAKE The neeG-l.-
i,,,,l-ove,re-..s and do away system OF appea-s