New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-08-31

Rugges. Simmons. Stow J. J. Taylor, coney, and foi.
am not sure Of this vote m noise Wa 80 greai-bu,
il can be corrected hereafter The Noes we're lab
sent q.
vote was next taken the question. =ha the Judge
be ineligible 70 ONCE. Ayes 81 Noes o5-sbsenJ -
M.-sr; geTsen. Brsycon. Bruce D D. Campbell Can
de- ;e Gsad San a. G 5F7 35s' eoas e8 a
SALISBURY Simmons, Slow, !. !. Taylor! Vscae-
Mr. MARIN then proposed taa- the supreme Court
should consist OF 10 instead OF 32 judges Lost
lit seems 70 be Ike taking nau=eou physic WIKI many
0; politicians 10 be obliged 70 present themselves
before .he people for elecdon-and the schooner the
letter they think ard 20 they Tote.l
The Contention adjourned At g after having adopted
the ith section o: the Judiciary Report, as follows
The shall be di-'ced into eight Jlalca. DE-
trlcs. OF which tae cry Of SeFF-l OK sa' oe one ne
bounded by Comfy lines, aat 70 % oonac;
DC four Justices OF the supreme Court ~ sss - 80
man more District composed OF the ci o. New
YORK g. may from time time be authorized br s bt
erceef nc asole rue. runr n I; - pe
ulatign shall ,, ory +:t iae nIHoe Of IadRei IN
redu Of me Sta:e proportion 70 rs REPUTATION Iey
shall be classified 30 thai one OF me JUSTICES o escA Dis
tci sRa. 20 Of Office al The enc OF ereFT Two Years
After The expiration Of their eTls uEae' aeH ea7-'aea
The words IN italics an amen daeni o. NJ Loor1i=
The Ayes on the above section were 10 the Noes j.
the sb=cntees y.
The Noes were
Mc.sr. Ayrau Bruce, Ball Caniee, Chamberlain Cor
nell Hunt T. Hl1,ng9n aaiea'3so, Jones; heq p
man. Pefkn. Richmond s. John. Sanford, Sheldon,
shepard. SIMMONS. W H. Spencer. sio" Ta--inadge III
den, Neche. White, NOrGen. and Young
OIuey Bryggs on the Bibie and the Schools.
Mr. Gerhard, the colleague OF Gov Boucs presented
the following etier, which By M request read
it Is a follows
To The Hon. tie Constitutional Con. ention -lbany
The uader- ned. ONE o: vour fellow citizens,
specially suggests III. following provisions, 10 be moor
pUraied INTO tie Constitution
No Religious Books -hall be ntroduced-no Religious
DOrnas -hal he tsugl-uo Religious Ceremonies shs!lbe
performed. in the Common Schools OF tbs State. nor IL
any other .ninar.es Learning which receive pecun!ar
aid from the Treasury or People oftlis State.
The sunday Law shall De- abolished, and The Leg1sia
prohibited from passing any law prcdicated Upon
) TIE Las Vi and Testament OF any person which
oLNEY BRIGGS.
E.yerauce. ScIoharie Co. .dugust, 1896"
Some excitement was created. Mr.. OConor moved
TO lay it the table Others said that letters with AL
opinions should be received and referred
4 vote taken. and Mr.. O'C.s course sustaned-i2
TO 20 The ayes and called for the letter read
again by the Secretary and = 10 l9 Delegates voted
that the letter be laid on the table.
Mr. Murphy presented petitions to-day from Kings
county against an elective Judiciary y Chancery he
port received from the First District on -hc sale OF
Infants Estates Mr.. Stetson gave notice OF rcconsiG
GRAFTON OF Section Of the Judiciary article and MI
Syackilaner. OF section 3.
A few DAYS since Mr. ANGEL offered substitute Tor
hir. Ho:,man report from Committee No s. the iirs
section of which is in these words
: J. The distinction between the General Fund and The
Canal Fund abolished All the revenues OF the State from
,yaiever source derived, shall constitute fund which
shall dcuomina'ed the State Fund. All debts owing by
the State and all Liabilities incurred by me Saie snail IL
their uggre gate be denominaied The State Debt
understand tina, Mr.. Flagg includes the money Dor
rOwcd by the state from the school Fund "a part oil te
public debt Ny right hand debtor to my left surely
the present system OF many funds has no better oun
daUn than the making OF more mystery IN MI flage
accounts II il desired tina; certain sum should Zoe
annually appropriated 10 the common schools, can 3e
out as We'll az with n special fund There Is humbug
enough the finance department without School Fund
State Fund Literature Fund. Canal sund &C Sc- W ny
Salary Fund Lunatlc und' a state frlsoh
/ Fund Deaf and Dumb Fund and so on without end Z
Can schools be upheld and literature encouraged with
out special funds and special commissioners Here
too must have little OF the mystery OF the legal
fraternity, Mr. Azariah Flags being chei teacher oil the
funding system
A Lacyerot the Majority an Lar N Ne'r- York
Mr. FLANDERS o: Franklin perhaps one Of the most
candid members OF the dominant party IN the Conven
non by profession LAWYER thus described ." the pro
LESSON aud their tue other day during the de
bate in Committee. imagine he VIII not follow MI
Brown OF Orange who all the way from Scotland
20 himself and his legal brethren important priN
cgcs which lie i endeayorng TO Withhold from @rV"'
/ 600 natives born.
Our present Judicial system universally condemned.
tsad Mr. Flanders it, defects are everywhere acsHo"
lodged no voice l. raised 10 defend it-no hand Is put
forth from il m-rrd doom TIE evils winch nj
familiar wih- practical workings in nil IL branches ana
Jrnsrtnent- Ii delays uncertainty ineffciency, and
l,,ns rXp-ns. Ny.rt We'll understood and needed no
further position. Judgment had beer pronounced upon
1t by People, ana come here to substitute wiser
ana 4 better system
A remedies Mr. Flanders approved OF the union OF the
] ChAuCerv and Common LbW Lurlsdicuoi-theli
anal salnaon-morc simple pcadings-eihclent town.
ship Courts &c which il Is doubtful whether We vii!
/ get hy the system ne has voted Tor
Suppose said Mr.. + tnat were engaged III deyislg
Il Judicial system. knowing other. would We imacn"
tina, separate, costly tribunals were required 10 admins
! ter the law Our legal system came across the
ocean and hence lis mysteries why could not RcFect
and simple statement tell wants and meaning -
Lawyers ne said, and II Is true, sought not to know
what Is richt-waat ought 10 Debut enGeavoreG only
to ascertain what had been established by precedent
They not moved by spirit OF progress and smel-
Grafton
As 10 different forms Of acton AT law his view was.
that complainant or plaintiff ought be allowed 10
state plainly and substantially whs, he seeks and the
defendant tomake his defence IN the common sense
mode without any particular kind or form OF action
being named" and the proof might be le, Judgment
hc gwen This would DC real reform saving the NOR
uls the people and millions TO the country Cases IN
equity could be just easily tried by jury cases IN
the common law Courts, the latter Of which, he said.
presented great variety and long train OF compica-
ted and circumstances and YET were thus tried
He approved OF having but Court OF original Jurs
dction in the StAte-ii favorable 10 uniformity and
J simplicity III proccCdnc--sRw no reason Tor having
iour additional Judges elected 20 SIT IN Appeal Court
believing that the Supreme Court Judges were the most
h-preterrcd Mr. Bascoms plan OF electlng the thirty
tees plan OF eight large Dstricts-ii would bring the
elections more within the power OF the people lie also
favored MI Bascom- plan OF having banc revlew ses-
sions OF the supreme Court in every County Of the sew
eral Districts as required for the dispatch OF
business The people had been long hSrsssed by nav
ing their causes reviewed and determined in distan;
parts OF the State Il true, the Committees plan
left II in the power OF the Legislature 10 provide that
mems controversies should be determined lheT
honcs--bu; MI Bsscoms plan did more, il provided the
means and directed with certainty how this should DC
done
Nj Flanders thought tina, the inferior Courts had
been too r,le attended although the most important
branch the Judicial System Take the state az large.
ne believed that the controversies determined IN Them
We're greater than those tried IN al the
other Courts The gres; body OF the people were de
pendent for the protection their rights and interests
upon the acton these inferior Courts and while much
attention was gwen the Courts for the few. those
which accommodated the many ought not TO be entirely
overlooked.
.4ggrais-JuStacs< Courts deserted by M F7Gn-
GsrS- T9eg Courts.
He SAID that while fees 70 De done away II the
Supreme Court and the Judges paid by nNed ssiar7e5
levied from the whole people me Peoples Courts aed
by Justices were le exposed 70 corrupt snd dangerous
Influences and LEFT WHOLLY DEPENDENT on FEES re
ceivet from litigation II wrong in principle IN one
.,,,. Rr "