New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-08-17

III HdliIS vi LdN helUTlN--rOT2tl JuuetS-aH
Elective Judiciary-Jeferson's 0pinion-Mr.
Nicol on the Majority Report-Iiis Case Of Ar
bilrau0n-UniOn OF Law and Equty-Mr
Strong on the Administration Of Justice-Jus
tees COurts-County COurts-appeai Cases
Township COurtS-Marne Court. n. f.-FOr-
leted Bail
A1eA<g Friday, August llh. l-46.
To the Edito, IF Tie Tri5pos.
SIR The first speeches tins morning were those
OF Nessrs stow, stephens and Perkins which will
hereafter notice
Mr Chancellor WALwoETIi today recommended the
appointIacn; Of an Accountant General in Chancery
Mr. IRA HARRIS has last stated ls vieyvs, and N the
main like them well, and 90 think, vii the public.
Mr. HARRIS his evening sad that he mad been in the
practice Of the Law Tor about II years, Of 10
defects and desirous tina; Il should be improved
pecially in the four following essential features
He desired An ELECTIVE JUDIcIARY-an election Of
the whole Judiciary OF the by the Electors Tor
stated perodsnot too snort yet long place
them beyond the review OF the Electors.
II. 4 CNToS THE JURISDICTION OF LAW AND
EoUITY-no good being obtained by keeping them sep
aratc.
III. UNIFORMITY IN THE ADMINISTRATIONS or JUS
TiCE, so a. 10 secure the decisions on the came
questions throughout the STATE The plan presented By
majority OF the Standing Committee the Judiciary.
in tina, respect Mr.. Harriss views
". A SiMPLIPIcATIoS PRACTICE THE
Courts OF Law EQCrTY, and Maternal REDvC-
EXPENSE or Legal. PROCEEDINGS.
and able speech OF this morning, that any plan which
did include simple practice in the Courts and
material reduction IN the Of law proceedings would
be insufficient Tor the ends OF justice al! experiments
without simplicity and cheapness, would undoubtedly
prove failure.
The unweldy machinery OF our present forms Of prac-
tcc would crush any judiciary the Convention nigh:
appoint. We must simplify proceedings must
disencumbcr them oitose complicated forms which had
caused the people OF the state 70 denounce our present
judicial system
ehipwrecked They admonished 20 make such re-
forms in the practice Of the Courts would have saved
the system and made it acceptable TO the people.
Mr.. HARRIS referred 10 the Revised Statutes where
they require the Chancellor make such reforms its
practice required Odious said ne is this Court,
believe that had the Chancellor IWalworth complied,
in liz spirit with tina, request this Convention If here IA,
all would probably have continued that Court in the new
Constitution. They on however with their paper
suits and instead OF pursuing this reform IN the proper
spirit, made numerous and complicated rules
When the Chancellor told eminent professional gen
cman in this city that he about 10 have published
his periodical revision of the Chanccry rules OF Practice
the lawyer asked him drly whether the work was 10
come in volumes The supreme Court
had also neglected the signs of the times and rendered
its rules and more difficult and complicated, tnus
adding 70 the cmbarrassmcnts OF the public
Mr. HARRIS went on remark that he wished the
Chief Justice to chosen by the whole OF the Electors
the state and hold office for shorter term than the
other Judgcshc wished the Chief Justice TO preside
over the Judiciary Department md to prescribe such
rules of practice would simplify the proceedings OF
the Courts lie desired 10 see an ofhccr selected by tle
People, who would be responsible for reform IN the
proceedings Of the Courts.
(Grcaty as | admire the matter and manner OF Mr.
Harriss discourse must that dissent from that,
part where he would leave any Judge the rules Of pro
ccdure in the Courts 1t is the lazincss OF some the
prejudces the of sympathy with the People OF
all which have marked the judges of present regime
that has prevented them from simplifying the present
sys,em-Mr H. shows that Why then trust them in
future The rules OF the Courts should be the laws OF
the land and code oil procedure compiled by the best
Commis and which has passed in review, rs the
Revised Statutes did the ordeal OF the Legislature Is
the one thing needfull
Mr. U,RRrs ably advocated the election of Judges by
the Pcuulc-rcinindcd the Convention how earnestly
Mr. Van buren, had urged the Convention OF le?l to keep
power from the People and not make the Justices OF
the Peace the football oi pohucians, by trusting the Poo
pie to eject them Who NOW, he asked would Take from
the people the election OF their JuStcesf Were they
or hotter appontcd He applied the same argument 10
the rest OF the judiciary and satisfied the people OF
NcwNork State would be fully adequate TO The duty OF
choosing every judge in the Stuc.
write GREAT haste and there Is much 10 day that
cannot even stop to notice Mr. llarriss remarks were
interrupted for Il tune by which VIII hereafter
notice
Mr. M,RvINs plan of Judiciary As also Mr. 81 Johns :,
are ut last printed will describe them tomorrow.
Chancellor Walworth has sent in communication
about tue three millions which will also try 10 notice
tomorrow