New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-07-09

isssl;rx ~ ,hss. a,ea.s conduct Bat be would
willingly give ID .hi. old doctrine of double ale
gisuce, and strike native out lAdioafneo'i
fP-esiden, Duer in p 80 Of lis Lectures 90 JuT;s-
o!uderce offers from NJ. S;mnour-fcr although &c
adc:s THAI perpetzs! allegiance Is doctrine OF The
Eoai.h Law he adds. that lie sesi writers on Fuohc
Law (irotus Fu:s-ndo-f. and Vstieh) sectn gene
rally 20 tie r.sEt Of TIE cz=n - uness
,o.re &c some positive rest-ain, y .a* OF in Wr
time. &c aad he refers "a The declarations in some CT
our Staff, Constitutions Tia, the citizens hsEe natural
aud inherent rghs to engrase- MI "oFdea hs' Al
ready Submitted proposition .os State Naturalization
Laws and surely the contract vii! declare ins' II IN
c!uaes full protection both IN war tiue and n Pesce
In page IL Of the Democratic Review for July
End notice of Nathan Eowards Supreme Court
Special Term Reports, which shows that one OF he
mem bers OF the Convention, al least would be re
leased FROM very painfa duties by an Improved legal
system.
states ,ha; il one where its sppeela;e powers
were invoked. b. certain unhappy clients. "a mo-
zion vas objected TO- she ground thai the papers
on which il vss based were not served Is wRAF-
PER- according 10 the -Qlsi rule oil Court The no
tice of motion written the inside OF The wrap
per consequently ALL the papers were not enclosed
Ia 4 wrapper. Chief Justice Nelson, no dou5i nth
tears il his eyes. being made the instrument OF
such equiyocalion BY mercar subser" ence 10 Tor
een usnges denied the motion accordingly
Ia another ca-e-CRmpbel ~ Spencer-athda-lt
made that the papers were served on AlT
Card attorney 10 the plantG by leaving them In a
conspicuous place in his Office, he being then in
il, Chief Justice Nelson held the service 10 be null
and void because the paoer did hot also state that
no person was in the Office
In one case Stacy vs. Farnham. proceedings
quashed because the affidavit WAS entitled :" 10 the
cause" In sno;her case. Highaul vs.. Hayes, II was
referred to set aside an inquest because defendant
affidavit, OF merits WAS Sor entitled " in the cause
I Ia the case OF Sandland. Adams, the defendant
swore TO the merits OF his defence bat when patlng
the utle 10 his affidavit speIt his opponents name
, Sundesnd. Here again the unfortunate common
lac court instead Of honestly deciding The case had
10 send Mr. Adams 10 the Dstric, School No TO per
feet himself in spelling suossntives proper liz the
case of Dimon Va Dimon. the defendant named his
witnesses and swore that each and all OF them
resided 10 Tompk'ns County. that they were " ma
terial witnesses for him. and that without the tes
tirnory Of e1rh and srsr1 OF whom he could not
safely proceed 10 trial. The Supreme Court Judge
refused 10 change the place ofiria because the ada
vii did say race and srsrt OF the witnesses
were material although lieNprcssIv stated that each
and all OF them were So OF course there was no dit
ference but the system seems TO require as the he
viewer remarks. that New-York Auornies should
be laugh, the most degrading equivocation and
! that il is melancholy TO see gray haired men thus
,rhng With truth. 10 " furnish bread TO the needy
wreiches whose legal acquisitions do not extend De-
yond the rule booty.
| When look at Judge Nelson. who for 30 years
has been chained down to this rule making and pre-
cedent. hunting scheme, as he sits in the Conven-
/ lion his countenance beaming with good nature, |
cannot but believe that the coniidence reposed In
him by his neghbors of Oisego affords evidence that
he has consented TO come here, 10 aid IN giving 10
our fellow citizens tina, eqoal poized justice which
the figure with the scales the top OF this capitol
seems TO promise-and that the day IS near at hand
when home made laws, scientifically arranged. and
a code of practice made Tor. not by the Judges
! shall surpercede Euglish precedents w hoover
heard Of Courts Of Equity on the Continent OF Eu.
! rope ~ dstinga-bed from Courts of Common law :
Weltmight Benthnm say, al rs useless 10 ererv ptr
pose but M0to delaying justice and pfHndertRg
those tcko sue far ~" No cour, OF law will let you
! ask q man whether his hand writing be his own ;
! end why mott Who knows beuer7 If Common
! Law be 1.-The perfection of reason" as Coke and
Blackstone say it IL, il must be equity for that can
be no more-and If equity. why have we two sorts
0flsw To prevent mistakes, let US have an author
lied version as we have of the Bible. Let not the
| HAIRLESS Wo-dens Nelson's. Jordans, Ruggeses
! OConors kirkands, Browns. Flanderses Bascoms
and other experienced lawy ers In Convention, nepa
rate ill they have shown where the rules are which
the merchant farmer artisan, and all other classes
are bound 10 obey.
In Mr. LOOMS sletter of Aug II. 1913, where he
shadows Convention in which The ties Of or
ganized political parties would be broken and un-
tet" he omts TO mention that il was TO be set agong
ny party and that the partisan leaders las
/ NJ Chati-ld hinted) were take the stump next DC
tober and endeavor make political capils out OF II
/ for the November election. as being all Loco hun
/ der His friends will not forget that the mal.ad
nnsration OF Justice which brought nearly 200 900
I of q majority 10 the polls to differ from Messrs
! Wright. n. S. Benton, and Van Buren,. and vote
CoSvESTIoS," was by Loco Judges, q Loco
I Chancery. Loco Clerks Attorneys, 6c.-and thai If
! - Ia ia
! The time 10 afford remedy. One appeal is enough
only one Let US have no more appeals from APP
| peals AS Mill says" II you 90 for a second
Judgment, y0u should, # po'nGe 90 10 thsrery best
! source and If you go at once 10 The best source,
trhy 20 any farther2"
| IL is through the lawyers that law reform ucs, be
/ completed. Ooe would ex pect much from sach
! m an as MIR. Kirkand-the son and grandson OF
minister OF the gospel-descended from men who
| played manly part In the Revelation tor freedom,
famed the savage cheered on the colder OF liberty
in the career OF victory, by reminding him Of
country here and a heaven hereafter and look an
active part IN providing those higher seninsrIes
which youth the advantages OF q liberal
-ducs,on-will be not be among the ioremos, To aid
10 com peting The structure which bis ancestors aid
I'd in founding What the guirks and bubbles
OF peltogsing sy STEM when compared ~iih the
duties required by society from son Of Semue!
Kirkland h.
Rev samuel Kirkland did much 10 influence the
Indians peace between III: and 1926 His myseri-
power Brant. Though unknown 20 Col Stone 10
fuzzy planned in the Historical Collections II Henry
ORe!y Uhose Efforts obtain the present Convention
very generally known and appreciated
SAD ACCIDENT AT KonE-We learn that a man
named Snow shocknsy manEled By the premature
discharge OF Cannon Rome, The morning OF the
Fourth One OF LIS blown Of and The other 80
1n.sced that Il had aulpu:aed One Of his was
also DESTROYED He has wife and family OF children
Utica Gazette.
II The large warehouse OF Hastings & Field,
~ ;ereva was burned to-sn the morning cf the On
INST; I. contsined Large quartity OF Wheat, flour.
PORK OATS WHISKY, &c none Ct which was saved Tie
whoa, an; Flour are said 10 have been insured
Vorue1aI NuIIcs.