The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-12-18


CAsaeesv WalvevtA Cs~ssI ississ Of Cosvts Of Lsw
and Eguity--1ne election of Judges Wright. Fsgg.
John Ysn Buren, and SsmusI Young at Kinderhook-
The Governors private secretary at Washington-Poli
heisRs in Ceuncil-Ths Juauguratien, re. $c
gentleman Of this city recently addressed note to
Chancellor Walworh asking his opinion with regard to
the consduonality propriey of the decison lately
delivered by the Supreme Court at Rochester, upon
the clause In the amended Constitution which provides
that persons possessing the requisite qualifications of
learning and ability" &c. may be admitted to practice in
the several courts of this State The Chancellor decln
ed to give any opinion upon the subject The Chan
oellor candidate for the Office of chief Judge of the
Court Of Appeals, organized under the new Con.
stution. There il doubt, however, but that
the Chancellor concurs with MIR. Justice Bronson's
opinion that in order to acquire the necessary quail
Hcations Of learning and ability" service in the
Office of attorney for the term of seven years il
indispensable Though the Constitution has not
designated the means by which
this learning" must be acquired yet believe that the
tveness which they have always exhibited toward any
attempt which may be deemed an invasion Of their ga
i was Interpreted by Mr. Justice Bronson Gentlemen
therefore, aspiring to the office of barrister must serve
very respectable portion of the bar of this city be.
leve that the consolidation of courts Of law and equity,
contemplated in the third section of the sixth article
shall be Supreme Court having general jurisdiction in
law and equity" will result in total and inevitable fail
The organization Of such court and the defining
and Limitation Of its powers and duties. and the great
principles of justice by which It should be governed is
very evident that discrimination between equity
and law and the application Of their principles by
one and the same court would inevitably sngen-
der conaiction Of opinions and decisions It is in
fact impossible to avoid difficulty and great hazard
where duties opposite in their nature are i'm.
msnt upon the wisdom displayed By the convention in
respect to the judiciary plan which they have offered to
doubted One other reason which has induced these
doubts suspect the placing Of the seat or foundation
Of the Judicial power in the people which one Of the
spectacle opinion of the late Mr. Justice Story who be-
leved such apropostion to be imprsctcable,"I will
also cite the opinion of Chancellor Kent who says that
the fttest men or the Office Of judge) would probably
have too much reservedness Of anner and severity Of
ags" But the arguments already used against this ex
pertinent have been distinguished for remarkable ability
POSITION viii no 0 think and % III. p
who may get the honor Of an appointment from
the Lsg.ssu;rs for the Sodcation Of the Laws un
If not imprsctcable The men who can bring this judi
ciary scheme into practical and satisfactory operation
The capitol and the executive chamber are deserted
II will be recolected!th impression has prevailed
DESTROYS of securing the defeat of Sas Wright at the
late election. Though this nsnuaton has been indig
for ths belief that these gentlemen Of the cabinet are
rather hostile to Mr. Wright clue to something will
be afforded by the following intelligence "A few days
since announced the arrival of Ex-Secretary Samuel
twenty -four hours left town Saturday morning
last in company with Sas Wright, Azariah Flagg and
John Van Buren,, for the residence Of Martin Van
Buren,, at Undertook, where they are all now
staying From. this circumstance. together with
the fact that the Governors private Secretary il
absent at Warrington, l infer that there
some operations foot of nature altogether astound
Cabinet or whether some other miracle 10 about to
cur, cannot tell il certain, however, that some
thing funny will take place very 1t may be that
the rumor that Mr. Buchanan to give up the Secre
end in order to unite the party and console Mr. Wright
for his late defeat the place 10 to be offered to him II
this should happen would Be wonderfully funny, and
astonishing. 1have certain information which inclnss
The residence of the Hon. John Young in complete
order; he will arrive in within week. the pre-.
partitions for the Inauguration are gsing forward; ex
pect it will be OF the most interesting cere-
other, not excepting Napoleon's coronation at No
tire Dame the jewels there plentiful than
they will be here but that coronation bought with
blood this is the free gift of free people American
thusasm but there the plaudis spurious and did
not come from the heart. Mr. Young expected to
rive on the Goth.
The deepest interest is generally felt to obtain
session Of Congress deemed to be important
anv which has preceded it
The steamers have discontinued their trips between
this city and New York.
The North American Circus, conducted the most
approved modern principles, and with very superior
company is exhibiting in this city and will remain open
during the winter Large and fashionable audiences
visit this resort nightly.
P. s-6ovsrnor Wright returned to town from Kim
derhook this evening