New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-08-27
NEW YORK CONSTITUTIONAL CONVENTION
THIRTEENTH wEEE-LXXIsT DAY
A very interesting and important DAYS Work
Voting Commenced-Slow w0rk-yery.

ALBASr, Tuesday August 18th i-i5
To re Ez,tor Of Tie Tri5Une
SIR This Convention IS inj1r:ng itself, and de-
stroyng It's ueans Of usefulness by debates un-ea.o1s
bly, and most unseasona5y prolonged but TIE sdu!.-
sicns made By leading Delegates OF The floor Of the Con
vesion are exceedingly useful. They uaveil what il
false and rotten or erroneous and improper and enable
70 combat error and to do battle aga.as VIVA;
c!ou- win more certainty NJ Chatied openly de-
Glazed this evening ina; ne voted Tor al election By Gen
cral Ticket for the Court Of Appeals IN order that ne
might have them all selected from his party Perhaps
Ir Tlden mad the views but he careful not
70 say 20.
Ar Nicholas remarked tina; the eight Districts differ
their political character, AID therefore the election o.
the Judiciary BIZ Districts would BRING upon the bench
the best and a5lest and nsutraze political party
fuence. Central power 5 deprecated out what more
likely 20 perp.tuate i than Judiciary chosen by Gene
ral Ticket We entail curse and blight on society
we create Central Political Judiciary. When come
10 that sir said NJ. y. trus; III have my residence il
other region
M KEMgLE has proposed as section Tor the Con
stitItion, that
'The Legislature shall provide against frivolous and
appeals and writs OF error, b? requiring that
1d enact o! decree rendered By The Supreme Court shall
be executed Notwithstanding: an appeal or WIZ OF Error
upon adequate security being gwen 10 make al resit-
ton the event of reversal modification 0: such jUdg
rnent or decree upon appeal"
An Electric JOd5ciary-k!ngs County Agam.
Mr.. BERGEN presented. This morning, petition
rnerouy signed declaring that the alarm in Kings
County at hearing that the judges would be elected By
the people. YVES confined 10 very ;ew-that
a great portion Of people have become thoroughly
dis gusied with the present mode OF appointment, AND
LlEvisG THAT WORSE JUDGES CAN BE ELECTED By The
PEOPLE, THAN BY THE PRESENT SYSTEM, HAVE BEEN AP-
POINTED gY THE GOVERNOR AND SENATE. they hope you
may the People the selection OF their Judicial
Officers"
The objections say the memoralsts are those of the
class
who would trust political power and appointment TO The
partisan aud trading politicians rather than
The people thcInseives'
and they pray that the Convention would consummae
the most democratic and desirable measure OF giving
the election 70 the country. Among the signatures are
J. De Bcvosc B. Johnson, J. 4. Voorhees,. B. j. Ryder,
A. B. Hodges md +. V More. County Supervisors;
John Sianbury. :. : Powell, Alderman and w Bur
bank. President Board OF Aldermen W Jenkins,
Sheriff. T. b. Spooncr, Editor of the Star Philip :.
Crookc and Cornelius Bocardus Deputy Collectors of
Customs y. y they two head the memorial; II. c.
Conkng j. g. Bergen DR. j. b Zabriskic, :. j. Gcrrit-
son. Judge Com plcas; ". II. Peck, N. q. Ode Prcsi-
dent Empire Club w Hughes and J. g Coles. Justices;
Gen Jcr Mcserole H. X. Lockwood, H. Ross, :. Bough-
ton Peter Malone Vim. Hughes, y. F. Warins, l. Il.
Van Kleeck Dr. John P Disosy Sanl E. Johnson alpine.
US Mispuugh John Harris, b. j. Ryder &c. &c.
Mr.. Slows request for information see my last was
agreed 10.
4 statement was sent in by the Chanccry Clerk, 18th
Circuit.
Mr. ANGEL, OF Allccuny, offered las Mr. Bouck had
done beforc section OF the Constitution in lieu Of the
two proposed by Mr. Hoffman
4 Court Of .ippeois-How shall Il be formed?
The Convention took up the Judiciary Committees
Report and agreed TO the first section OF it. without
division amended 50 as TO read us follows
H. The Assembly shall have the power impeachment,
BY the vote OF ma Ioriy OF all the members elected The
Court for the trial OF shall be composed ofihe
President OF the Senate the Senator'S major ote
aud the Judges OF the Court OF Appeals or he MAJOR part
of them On the trial of al impeachment agninst the
Governor, the Lieutenant Governor shall no, as
member Of the Court No judicial officer shall eN-
erc So hi Office after he shall have been inpeached until
ppiOr Of the
bers OF the Cour shall lake an oath or affirmation Truly ana
mpariay try the impeachment according TO evidence;
and person shall be Convicted without the concurrence
wo-lhds Of the members present Judgment IN cases
impeachment shall extend farther than 10 removal
hold and enjoy any office OF honor trust or por under the
bu; the party impeuched shall be liable 70 Indictment
and punishment according tolaw.
Section Second was then read,
- . There shall be Court oil Appeals, composed Of
eight Judges OF whom four shall be elected by the Elect
ors OF The State 10y GENERAL TICKET for EiGHT years
and four selected from the class Of Justices OF the Supreme
Court having The shortest lime 10 serve Provision fha
BIZ made hv law for designating one OF the number elected
Chief Judge and 70! selecting such Justices OF the Su
preme Court, from time 10 time, and for so Classifying
those elected that shalbe elected every second
1.-THE Supreme Court of the United States found TO
be enough as a hnn appeal in matters OF national or
Federal Jurisdiction The appeal IS from the Circuit
Cour, the Supreme Court and there II stops, as il
ought to stop The above section proposes TO make the
man OF property go the Circuit Court for trial a in
the Federal Govenment and then he has TO appeal TO
committee of Judges his District and from them to
second Appeal Court above What is the use of the
hrs, appeal what is the OF the second Is not
on enough Is appeal To Washington too few Is
not costly enough. What are the Appeal
Courts in this State To afford additional rewards for
partssns by general ,cke-o impose additional delays
on merchants irccholdcrs manufacturers, bankers sc
TO delay and impede justcc-,o make The law nt-
AN s;. hao, hsrr
fore The Supreme Court and Court OF Errors have
hitherto reversed each others decisions pretty frequent
" Are We to have complicated machine hereafter
form theatre future John a Barrys, Y Loyalsts
from Nova Scotia, 10 exhibit in Heaven forbid Estab
lish your Appeal Court and what Will ii produce More
work for practising lawyers by general ticket i. will
be party machine
We have no foreign Baron Barone sent here to veto
and regulate our legislation; Imperial Parliament TO
dictate 10 US Royal Constitution; Colonial Minister,
beyond sea- to manufacture le.Sena;es fox US, King
or Queen to intimate from London who shall be our
Judges and Magistrates. Peace and freedom, intei
ccnce wealth and manly freedom with great and lovely
county are our rich inheritance and shall we III the
teeth O. experience las 1871 forge chains 10 bind
down industry and sacrifice the coior, OF the honest
industrious en,erprisns and wealthy 10 mockery OF
substantial Republican Justice Do we need Appeal
Cour, to thc decisions OF another Appeal Court
Perhaps So Call it then Court and Constitution 10
encourage intrigue and litigation, the curse OF eoun
,ry.l
Mr. T1LpEN ANXIOUS that section should be
amended by the election of the eight Judges OF the Court
ofAppeal by General Ticket He wanted Court 10
represent the State. and not merely locality.
Mr. HART OF Oswego, thought the Court OF last resor,
should represent the whole State and moved in amend
,ucnt that all the eight Judges should be elected by
General Ticket each clectoE voting for Tor al the eight
as for Electors OF President
Mr. CHArrtELp (like the two previous speakers was
for Court OF Appeals, 10 be elected by Genera. Ticket
and not elected by Districts
Ny. HARRIS wanted uniform deeisiOns-and how
could This be 20 well obtained by getting Judges N
the Appeal Cour, who bad acted in the several o!s7c
OF the state in q Judicial capacity dc wished The
Court OF Appeals to consist of seven OF the senior class
judges OF the Supreme Court together with the Caiei
Justice and he desired that the Chief Justice shouG
preside Judiciary and TO propose 70 the Legs
atu-e suitable reforms in the rules OF procedure IL the
Courts.
Nj OCoSoR would constitute Court of appeals Of
one Justice OF the supreme Court appointed by the Gov
e'nor together with 10 other members chosen by ad
coming Senate Districts. lie praised the Cour, OF En-
ror for IL great independence as ne did the Chancery
d Supreme Court the other day Tor their intelligence
wisdom and ability To the general ticke, system he