New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-08-10

MISUNDERSTANDING on Ienu1es-I nt1,S' VI
Instre-Trial nv Jury-Usury-Bali-heilg
Standardization Of the Clergy from EQual
Rights and Obligations.
a1aAsY Saturday. August z, ls45
Tt The Edaor Of The 7Ti61He;
SIR The frs, Convention to frame Constitution
tar This State was elected IN ire and authorized
% exercise the powers Government until the Con
sttu,:ou should be agreed upon How different
the situation OF its Members from that OF their
successors IN 1916! No sooner had they assembled
IN one place than the inroads Of the enemy com.
pelled them TO adjourn abruptly 70 another. They
sat successively at Harlan, at Kingsbridge az
Philipss Manor at Fishhi., at White Plains, az
Kingston and at Poughkeepsie. Their pecuaiary
resources were s1raIl-their Country IN danger
their State the seat OF civil war" the dIsattected
Ia all parts OF the State were active aiding the
enemy. By raising troops, giving intelligence and
exciting comprehension the well disposed were
disbeaItened." Now, l23 chosen, trusted and hon
ored citizens lodge in handsome hotels and SIT in
peace and comfort at the Capitol in Albany, 70
par. for the good Of all the temple reared 70 free
dom by their generous. patriotic. and gallant fore
fathers Mr.. Jay, the Chairman Of the Committee
Which was appointed on the lst Of August 1876.
q 10 prepare and report O Constitution Tor y J.
believed that those who own the Country ought
10 govern it, and that principle was steadily en-
forced by restricting the night Of suffrage and Of
Office TO ireeholdcrs. The venerable Messrs Spen.
and Kent held the same doctrines in l52l, and
1t remains tor the Convention Of 1916 TO give effect
10 these maxiIns of the sages Of our Country with
out perpetuating landed aristocracy on the one
hand, and creating degraded, ensaved. miserable
peasantry on the other This can only be done by
regulating the Of land, that no man can
hold beyond certain quantity, nor convey by VIII
TO one person more then that quantity. w course,
he
mars possessions, were he the owner OF millions
OF acres but the laws OF descent should be so
changed that hereafter one man could not grasp
and moDopoize, as has been done, 15O,OOO acres
and leave that quantity TO one child. W as 1t not
that unsymp .thlzng system that caused the late
massacre in Poland the Punishment OF the nobility
OF France, and the Generalization Of the United
Kingdom Who can say that 10000 rich men
ought TO monopoize and possess all the soil oil Ire
land TO the exclusion OF the other 100000 men,
women and children Moses OF old, had the same
idea as John Jay, and the \. y. State Convention
= OF I'M, as TO happy people, living ON their own
lands-so had Cinclnnatus-so had Nehemiah scc
the 9Th chapter of his excellent book.
Yesterday, Mr.. Harris OF this city, one OF the
members OF the Standing Committee on Lands
stated informally that there would be Re
port from that Committee. ! understand that
they dividcd-Mr. Nelson and the major
ny beng, like siIas Wright for no change
at all but the minority will probably test the Con.
vention by propositions in the spirit of Nehe.
miah's advice TO the Jewish nobility. | perceive
that there /, to be State Convention held here on
Land Tenurcs. on the Goth inst and nothing can
be clearer to my mind than this that those who
seek for education to youth and for the means Of
comfort 70 men Of ripper years by the aid of good
moral laws, in accordance with Bible Christianity,
are the friends OF the peace, happiness and perms
nent prosperity Of future generations. Wings OF
30 Democrats of 1893 where is the among
you, prepared to show that the course taken BY
Ty7E, In foy nj n q
il not In strict accordance with the spirit OF the
Declaration OF Independence, and OF American
Freedom
On Monday morning the Convention will take up
the great question OF the nge-the Administration
OF Justice and 1t Is 10 be hoped that public opinion
will be brought TO bear with such vast power and
effect upon the wisdom and patriotism Of the Con-
veDttop. as 10 discourage every attempt TO engrat
on the Now Constitution sy stem like the present,
artfully contrived to piloge, plumber and Cypress
the merchant. farmer, mechanic, and manu- facturer,
By aprvilegedorder OF men, aided by uncertain laws
and Just as uncertain udicatures. What ID wantedis
q plain, clear inexpensive system OF lurlspru-
dence. Does young nadesman owe sl60. a law
yer puts him into Chancery, adds $500 OF costs and
beggars him. Who can tell the line OF demarca
lion between the Common Law Court and the
Chancery Court Who can object TO Judge
however able TO prove ms partiaty Law has
been scourge III the hands OF the wealthy, the
ambitious, the arttul, whcrewith 10 Cypress the
the just. Who has felt himself or herself i'll its
grasp, that does not acknowledge this The qacs.
tlon for Monday is. Shall the Courts of Law hence
forw ard, as hitherto be terror to honesty. and
defence and shield to the powerful wrong doer
Or shall they become. they ought to be, types
o! the Justice. wisdom and power OF the Omnlpo
tent
Trial By Jury. sc.
Last night and today the Convention had sort
of general conversation, aided by amendments OF
all descriptions on the proposed section by Com
mttee No L. which reads as follows:
l. The right of trial by jury, III all cases In which
j; has been heretofore used shall remain nviola,c.'
This is not SO full as the old Constitution. Mr. o.
Conor proposed an amendment which was adopted,
farther amended BY Mr.. Jordan and is follows:
81 The trial by jury in all cases in which 1t has
been heretofore used shall remain involuie forere and
sha be exercised in like arising in any new court
or proceeding hereafter instituted authorized; but
the right rial by jury may be waived by consent OF
parties in civil cases"
This morning Mr., BAScoM proposed TO allow the
Legislature TO prescribe the number OF jurors which
should form jury. Mr. BRowN remarked that tins
would authorize the Legislature 10 reduce the mum
Der to three or four while in his experience. he
had found twelve the best in ali trials Mr. LOOMS
said that large amounts OF money had been eNpend-
Cd, and much time wasted IN getting jury 10 try
single person; and the more atrocious the crlmc
the more difficulty there in conNlctinc the crimi-
nal. Courts had held man incompetent as Juror
because he had formed opinion that death was
caused by the party on trial although he had form
ed no opinion to guilt, &c. Mr., WoRDEN agreed
with Mr.. Brown that n Jury ought not to consist OF
lever than twelve Mr.. O'CcSoR admitted that Il
there was any thing of human institution sacred in
the eyes OF the people it was the trial by jury,
winch was trial by - men, Mr.. BASCoM babe
them look at the overshadowing influence of that
Court which repudiates jury trials In cases of
mere form he thought that fewer than IL Jurors
would auswer-morc money has been paid during
the last year in fees Jurors in Ontario county than
the whole amount OF al! tue verdicts they had rem
dered in civil cases MrWoRpEN saidthat these fees
Included the criminal trials. Mr. PORTER consider
ed the trial by jury protection or check against the
cncroachmcnts OF the Judiciary. Mr.. RHoApEs ably
argued in favor Of the trial by jury Judge RYE
Giles approved Of the juries of6 III Justices Courts,
and said that ii the constitutioGaity OF the number
was doubted it should be now authorized. Mr.. Bias
CONS motion ncsatived
Judge RueeLEs then proposed that cases inwhich
the value IN dispute did not exceed the trial
might be BY urV OF less than - or witbnnt in.