New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-06-19
New York Constitutional Convention
FIFTEENTH DAY.


Common Law be Common Sense-Morris
and Committee 5, with an Article for the
New COMMUNICATIONS of Governors
and ACKNOWLEDGEMENTS of Credit
How 10 save an Election of Mayor In
N. York, Observation-Disclosures
on Ignorance.
ALBANY, Wednesday, June II, 1916.
To the Editor of The Tribune:
SIR: When we take our passage on board g
ship steamboat, in Railroad car, it is matter Of
less Importance to who built the ship boa, car
whether the former seaworthy and the latter safe So
of The State Consuuon-the question viii be- what
Wing proposed this what Democrat introduced that
but it will be, Can The object of all government (Which
Rev Sydney Smith quantity defined be Roast Mutton
Potatoes Clarct Honest Justice Clear Highway, and
Free Chapcl') be obtained under it
was much pleased with the feeling displayed to-day In
of Law Reform. There plain, common sense SEN
tnent in the Convention that elective institutions are The
safest that all the courts in the world could not afford
people speedy and substantial justice when appealed TO-
unless the laws themselves written out in plain Ian
gage arranged in natural and scientific order and pub
shed in such form that all who are required 10 obey
them may know what is that he or she ought 10 do and
do, without requiring lawyer continually a. MS OF
her elbow legal library Of some 1000 volumes inciud
ug all the decisions Of last thousand years in England
Mr.. Campbell P White proposed to refer TO
Committee No. 10, ION the Judiciary the following
Resolution:
Resolred That 1t be referred the Committee on the
Judiciary inquire the ezpedency Of providing IN the
Constitution for systematic and thorough reform OF the
Courts OF Law and Equy-for simplihcaon and reduc-
of the antiquated artificial and ponderous forms OF le-
gal and equitable proceedings. and ultimately for the
enactment or codihcaton of Of unwritten
knorv Tho lp-
gal equitable by which they be governed
that litigation may be diminished and justice more prompt
y admns,ered-and Also for the of the right Of
trial by jury to all practicable cases
IWhen a New-York merchant Of grea. experience and
some thirty years standing backed by the OF 1919
citizens NewYok, comes forward to hold up the mirror
Of truth TO the party he has long acted WITH here and in
Congress and TO ask that merchants manufacturers and
farmers may longer psged, In conformity to time
hoaored CUSTOM who there that wishes America well but
must rejoice The triumphs Of reason are eternal
Mr. Nicol wanted TO see the Laws modified
was aware of the importance oil the reforms con-
tempated in Mr.. Whites Resolution, which looked
to the attainment of something which the Judiciary
Committee had nothing TO do wth-that COMMITTEE
are considering the administration OF the Law, but
this Resolution looked to the Improvement OF the
Law itself 10 it's codi6cation and arrangement
He suggested that the Resolution be placed IN the
hands Of Special Committee of Seven.
To this Mr. White said he had no objections.
Judge Rugges stated that The Judiciary Commit
tee had business on hand that would occupy them
for number of days-and he was inclined 10 be-
lieve that the majority OF that Committee would pre-
fer 10 have the subject placed in the hands OF Sc
lect Committee.
Gen. Ward said there was much of good sense in
the Resolution and should the Convention tail to
act he trusted the next Legislature would
N eeeth he n
risk
Mr. Jordan wished to refer that part only 10 a
Specal Committee which bad reference TO the codi-
fcation of the Laws-it would be great and I'M
portant work and when undertaken would require
much of the labor of the best minds and clearesi In
tellects in the State.
Several members remarked that the importance
of the subject required that time should be given
Mr. Rhoades after saying that the reference OF KIN
dred subjects 10 different Committees should be
avoided, moved to print the Resolution and defer
its consideration, and it was 80 disposed OF:
Mr. Hunt of New York, moved the following
resolution, which was adopted:
Resolpsd That the Judiciary Committee be direct
ed to consider the expedlency OF subdivision OF the
several wards and townships Of the State into Tithng or
Jury Districts each TO contain about ten czens conpe
tent to the performance of Jury duty who shall annually
or 90 often vacancy may occur elect one OF tnelr
number 10 the office Of uryman the expectancy OF pro.
hibtng any person thus elected from hing the OIL
flee of juror and of comforting upon the urymen mus
chosen exclusive power OF electng Juuces OF the
Peace and all State, Circuit and Local Judges
Mr.. Hunt called the attention of the Convention
10 this proposition by reading brlei but very IN
teresting statement showing that this was the prac-
lice of their Saxon ancestors; that II was louho 10
work 100 well TO suit the Norman arlsocracy, VINO,
after the Conquest perverted the spirit While they
preserved the forms of trial by jury Your readers
will find the historical part of Mr. Hunts well-tlEed
argument in the Democratic Review Tor Dec. 1883,
page 400 TO Az where it is shown that the Anglo
Saxons annually elected al their pubic foKmoIes'
their Judges jurors and other public officers. fri-
or to the Norman Invasion (says Backstone,l me
Constitution gave the people everythng-the whole
magistracy-the whole judicature-,he whole leg
slaiure-a were of their own election
Mr. Hunt proposes that each township shall De
divided by the town officers INTO uthings OF ABOUT
ten electors each-tha each OF these tens or thlngs
shall annually elect and return one OF themselves as
iuror-that only the jurors thus chosen as the most
iii shall be liable or employed TO do jury duty-tha'
the jurors in their several townships. ana they only
shall elect the Justices of the Peace-and that all
other Judges Of the Stale shall be elected by Inc u-
rors within their several divisions In short ne men
lions plain, simple. practical method-'akeh iroul
the old. republican times of England as suosii-
tute for our judicial system, which more resenlo'es
the aris,ocra,ic institutions of the Norman Conques!
Than the Wing Declaration Of Independence Issued
/ in 1776 He quoted Jeffersons hearty appreciation
given TO his plan and thought that the w h'Ss "ouiu
like plan pproved by Alfred. ltwould cut up me
present abominable jury system and clear out the
oafers.
no man has urged more earnestly than yourself upon
the readers OF The Trbune) that Elective Institutions
ought 10 have fair tria-that the Central or Albany
CLIQUE OF bargaining buying selling, IoobnS L0cof ocos'
who make politics and patronage trade should Dc
undermined by reservns the power to the People. Mi'
Hunts plan will do that Perhaps it is not the BEST ou' II
is Republican When 5000 Jurors are summoned Tor one
trial and twelve suitable cannot be had among then
surely change is wanted
Mr.. Robert H. Morris, Chairman OF the Commit
tee ON the Election. Tenure of Office ComPensa-
ZION, Powers and Duties except the power 10 ap,
point or nominate TO ofice,l of the Governor and
! Lieutenant overnor, presented as the unanimous
report of that Commit,ee-that is OF Messrs Motifs
Porter, Penniman, Clark. Hyde, Kingsley and wa
terbury-an article for the new Constitution, en-
| bodvine their ideas of what Governor and Lieut.
Gov ought TO be- and do except as TO their patron
asel You will find it printed in this days Eve
ming Journal, and hope it will be universally reso'
that il may be seen.
rThe people mus, not choose young mantle uov-
if-ha toDii