New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-06-18
New York Constitutional Convention,
FOURTEENTH DAY.

FOURTEENTH DAY.
Courrs-ward on the Court Of Errors-Pow-
ers ON the Bnnlss-Ages, &c. of DELEGATES
The OConors.
ALBANY Tuesday, June I6 ls4s.
To the Editor Of The Tribune:
SIR The Convention was in session about an
hour and rose 10 enable the Standing Committees
TO meet.
] do not know that it is customary 10 admit the
public TO the discussions OF tie Standing Committees
but their business public there appears no good
cause for excluding all who choose TO attend. There
would be some satisfaction in listening TO the delibera-
tons Of the Judiciary Com mi,,ee the resolutions and
documents referred 10 which already would i'll bushel
basket 1t consists Of Loco Focos and Whgs-li or
u lawyers and farmers, and what fear most is
that there anxiety arrange abundance of
Courta for trials law than provide that plain clear
distinct, scientifically arranged code OF substantive law
which the people could understand which they
and which until they have it there will be there has
been from III till now, the judges courts ap.
peas and corrections the confusion and delay and
the less of speedy republican justice. Ny fears may be
g,oundess and II So shall be very glad One thing is
evident there is no lack Of talent industry and expert
ence. 1t has never been my fortune 10 behold more
decorous respectable and attentive deliberBve body
consider i. great privilege that permitted to lis
ten to them. When in Albany in 1921, was little
aware of the importance Of the proceedings of
similar assembly
Mr. Shepard introduced a series OF resolutions
which were referred, at his request, Judge Rug
gles's Committee No. lO.) His plan is, 8 Judicial
Dis,rcts-three common law courts of general ju-
risdiction, and not more than g judges each-hear-
l. r.
before one of these Judges TO be hnal-sald Judge
TO have the fullest equity powers in matters suxil
larry the suits tried before hm-the present Court
of Chancery TO be put down, and other eight Chan
Gerry Courts set up in its stead with equity powers
as al present, except as 10 taking testimony which
is 10 be oral, but whether in secret now, pub
licy, Mr.. Shepard did not state the establishment
of Courts Of Sessions in NewYork city TO try all
criminal cases. with the right OF appeal 10 one of the
three Courts Of Judges above named-Courts OF
not less than two Justices OF the Peace TO try small
crimes-arguments in banc In common law cases 10
be heard by The associates of the judge who tried the
cause, but he is not TO vote-in Chancery cases. up
on appeal, two Chancery Judges shall Sit and hear
il, neither of whom was one of the Chancellors who
had heard it before. Mr.. Shepard also proposes to
give the State Court of Errors, or OF final appeals,
to be composed of some part OF the Judges and
Chancellors of his intended common Law and
Chancery Courts, excluding from each trial the
Court, Chancellors common Law Judges who
had tried in so of its stages the cause appealed
Judges not be more than years in office on
one appointment and one Judge for each OF the
common Law and Equity Courts, it is presumed. 10
be chosen-fees and rewards for Judging except
liberal salary. to be Notwithstanding said about
fees of Clerks Marshals, &c.-Courts of Common
Pleas and County Courts to be abolished.
INT Shepard's complicated plan Is undoubtedly we'll
mesnt-but betwixt his Trials, Appeals ChsncelloI"
and Court of Errors &c &c. substantial Justice cheap.
so that might reach the poorest-and speedy so that
the practical densls of which disgrace the honored
name of free America, might be done away with would
be unattainabIe notice of such propositions enables
us to see what is passing in the minds of Delegates
what they would be content with. Mr.. S does not en-
tighten by saying how his Judges and Chancelors
ought to be chosen-wheher by Popular Vote. Gov
ernor, Senate an Assembly or Council Of Appoint
ment
Gen. Ward las | aferward understood,) wished
Mr. kirkland 10 call up his Resolution to abolish the
Court of Errors thinking, he did, that there was
decided majority in favor OF ii. But Mr. K. de-
clined to do this, as the Judiciary Committee will
soon report on that subject. Gen. w can speak so
as to be heard all over the Chamber, but he often
addresses the Convention in so low tone as to be
inaudibe 10 many.
Mr. Powers of Greene being DESTROYS as he said,
10 make the whole Of the Stockholders of each incor
porated Bank fully responsible for the payment OF The
Bank debts, proposed that the Convention should
apply to Com ptroer Flagg for the information con
tanned in the following Resolution, which would en-
able members 10 form judgment from facts when
the question came up:
Resolued That the Comptroller report this Conven-
ton lSt of the Incorporated Banks Of this State-the
time OF their incorporation or renewal-When thelr
Charters expire and the amount OF capital oil each-
Also list of each of said Banks subject TO the Safety
Fund law have become insolvent, and the amount
contributed and paid out OF that Fund to the creators OF
such rsolvent Banks.
Also list of the Banks established under the act to
authorize the business of Banking where the same
purpot TO be located and It's business carried on-the
actual capital returned to bis office oy the applicants
to him for circulating notes.-the amount OF such notes
delivered by him each Banking Association or indi
vidual banker and the and amount OF the secu
rites transferred to him for the redemption OF said
Also list of such OF the aforementioned Banks
which have failed to redeem its notes by reason OF In
solvency otherwise-the amount of the circulating
notes of such Banks unredeemed not, returned TO
him. and the loss Qf any and the amount thereof upon
the securities transferred to him for the payment OF said
circulating notes.
Mr. Denforth sent Resolution TO Committee NO
H. for exenpting from military duty, unless in the
cases of War and Insurrecuon, all persons not legal
voters-(iu Including. Of course aliens, youths from
10 10 81, and nearly all the colored people, un-
less, &c.)
As fourteen more of the Delegates have recorded their
ages, occupations and places OF nativity, continue my
statement.
The city OF Newly ork mas elected inc youngest au Liz
oldest Delegate in tie Convention-Messrs Shepard and
Allen There are OF that city here-Messrs.
Allen, Kemble, Coney, vachs, oConor, Morris and
Nicon.
Stephen Allen, rep. =. Y city, mechanic IS, nat n y
Benz F. Cornell NY. blacksmith, 3d. nat l. bachelor
d. Il. F. Jones, n. Y. lawyer, 49, nat l.. Island, n l.
Robt. II. Morris, n. Y. lawyer, AZ, nat. \. y. city
Allen Ayrault. Livingston banker and farmer, 81, nat
Berkshire, Mass.
Ira Harris, Albany, lawyer, 10, nat. n. Y widower
Jas Tallmadge Duchess, lawyer and farmer 3d. nat ~
Y. widower.
George W. Patterson. Chaatsuque, farmer and Land
agent, 46, nat. Londonderry, y. H.
Richard ?. Marvin. Chau.auque lawyer, IL, n L
John Miller. Cortland, farmer, 6S, rat " y widowsr
David Munro onondaga farmer. 81, Mass the largest,
and suppose the weightest member of the Convention
His ancestors were from Scotland.
Peter Shaver, Albany, farmer 50. nat OF n T.
wm Taylor, Onondaga physician, 81, nat OF Conn
John Nells Montgomery, lawyer and farm ~, Mainly
Many Editors spoil Mr.. oconor's name, oConner and
oConnor He is son Of the venerable Thomas oConor,
oNew-York OF the republican patriots OF Ireland IN
MS descendant of Charles oConor, the celebrated
1rish antouary friend and contemporary Of johnson,