New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-12-05
.Iudpe. LAW and Lawyers.

Shepard (AJoi) 2.075
Judges, Law and lawyers.
Election Of LSislai'oH
or Judgepuade Loo- FoiouaS Of bad precedeaisDic
Lar 0iicdys reSGrded-oors Of Courts Ike DOORS 81
Tommany HALL shm IN people's Jaces-Laus Of 4. s
Pur1ted by traditions Of iadges-Bdrr'stTs ana )"
ysants at Idr Mock Nobily-t nmeaniag Pirases-
Legai Lying--Corrocted and Rer's'd Lars Of Neio
Hampshire.
To The Editor Of The Tribune
Now that the new Constitution OF New FORK mas
been adopted by ali immense majority OF the PEG
pie Of the State some persons who have been
quite active opponents of the instrument, are
equally active in bringing forward their particular
friends us candidates for office This kind and
modest advice of theirs viii be duly appreciated
By the people. who yet VIII doubtless take care
that the Constitution shall be committed to tho
early sincere and uniform friends OF its improved
and reforming features. and shall not be committed
either to open foes or doubtful friends Much will
now depend upon the manner in which the Govern
ment shall be administered by the new officers to
be chosen by the people What shall be the char
meter of those officers Shall they be unscrupu
lous political partisans who would migrate voters
from Bachwes Island or Botany Bay TO sustain
themselves and their friends III office or will the
people recur to the old. exploded. and almost Tor.
them inquire, Is he honest Is he capable Is he
faithful to the Consttution-to the Re1r Constltu-
ton with all its salutary and progressive ameora-
tons In vain have the people reserved to them
selves the choice of their Judges. unless they shall
IL selecting them. take care tGat they be able
mcu such As fear God men of truth hating cove
tousucss for upon such and only upon such men can
they rely to carry in practice the principles OF law
reform und other reforms which they have so long
sought attain aud have now embodied III their organic
law The new Constitution must not be entrusted TO
the care and keeping OF its enemies must not be com
m,ted 10 judicial doctors and nurses TO be stranged
british Judge whether Sir Matthew Hale not do not
now remember. remarked that he made more law
than Parliament Our judges have been very prone 10
follow such prcccdents and in so doing have oltci tN
their traditions made void not merely some OF the mos
simple. plain and sautary provisions OF the laws and
constitutions OF State and Nation but have luicu
much of the Divine law in the manner. Mr. Chief
Justice Bronson his haste 10 ovcrrule that clause oil
tue new Constitution Of Ncw-York which torbds the
Judges OF the Supreme Court and the Court OF Appeals
to exercise any power OF appointment to puohc once
seems have had in view those declarations Oh the
Divine law Exodus xiii = which have never yet oeen
repealed and never can be- while the attributes OF the
Deity remsn Thou shalt not raise COR receive 9isise
report put thine hand with the wicked TO DC an III"
righteous witness Thou shalt not follow multitude 10
do evil neither shalt thou speak in cause 10 decline
after many. TO wres, judgment The management OF
suits in Courts or what IL termed the prague o Tue
!ar would be comparatively simple and easy IL our
Judges and the hosts OF public officers whom ihey nave
ppoiae and licensed would incline their hearts 10 keep
this section of the Divine Law The people oil inns state
have with great degree of unauimi;y decided that the
practic OF the law shall be smpded and thrown open
10 all citizens Of good character learning ana aoliy
whether Trey have studied in lawyers ONCE or not.
The doors OF the Courts have been opened "a ny Tue
people IN their Constitution The Judges o the supreme
Court with haste scarcely decent have undertaken !"
those doors in the peoples faces as te Hrats ~
Tsmmsny Hall have closed the doors oil u'a' eI'aee
when they knew the people coming 20 vote thcHi
down Fo. this act the people will arrsigu the judges
whom they appointed before the tribunal OF pub
lie opinion. The judges by their own voluntary act
have compelled the people To take ths course s' nav
no right 10 complain of the freedom independence and
holiness If need be- with which the people WI carry
on the discussion regardless OF old party hnea ana
usages
The laws OF the United States authorized Tue
judges the Courts OF the United States TO maze I9es
who should who should not ors SUITS III tose
Courts-who should or svho should not Coh0''' 'VS'
suits but the orderly conducting business IL the
said Courts after It should be brought there ct inc
Judges OF those Courts. following tsdiionAry pre-
cedents instead OF written constitutions and LAWS
have gone on exercising The power OF appointment. 70
public office by the hundred and thousand
One OF them, in the First Circuit, carried this pro
pensjty far 10 provide, from among the older
branches Of the public officers, for quasi order vi no
hy OF Rarristcrs and ScrgcRnts At Law IL - quite
true ths; such rules orders and practices We're
from our books and Courts and that judges who adhere
10 them were reduced 10 private hic Il Is quite ne
that unncauing phrases Latin terms faeS
mystical plea1pgs and every species OF eSS Tying "c'e
lsd aside, and all legal proceedings cU'"9N'S" AZ W.
.Nr
Whatever may be the dement's OF some articles VI
clauses in the Constitution and Laws o New
that State some three wears ago put forth IN nes
Volume of about hve hundred pages, her Constta'.o
aud Revised Laws many OF the provisions OF wAieh ~.
entitled To the grave consideration OF our Less!StuTe
the ensuing session. A few extracts are annexed
CnapryR l77-PAes S5l-Ssc. l. Every party VI any
Cause prosecution sutI may appear plead par>H VI
defend his proper person or by any c'fen OF s'' '
seter -,
N = ANY citizen OF the sse OF lwen,y-one yeSrs OF
good moral character, application 10 iae supreme
Court shall be admitted 10 praciices rs al Attorney
Any person who shall have been SdnNteo NJ A.
sorncy of the highest Judicial Court OF any
other OF which he nhshsrt shall be admit
ted 10 practice Attorney, upon satisfactory evidence
Of his good character.
CRAP lSe-PA6s SSi.-Sc l. Al wits declarations, pro
ceses indictments pleaGngs and entries IN the
Courts ana before Justices shs De the English Ian
Suage and oiher.
CsAr Is-PAey S-2Ssc. |. No female shall be arrested
or imprisoned upon VIII IN any seton ioandrd on
contract
II the columns OF The Tribune shah continue TO be
opened TO the discussion OF these highly important qnes
ions shall be happy occasionally TO contribute my
y,,s,,s EI