New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-11-21
NEW-YORK TRIBUNE.
Bronson ct. ais. Is. The Amended Constitution.


TO The Editor Of Tie Tribune:
The opinion of Mr. Chief Justice Bronson as pub
lished in The Tribune OF November 10th, is in
stance rather characteristic than singular OF extra
judicial Interference, not to say Judicial legislation.
The Revised Statutes OF New York, passed in
1896, Chapter 5, entitled OF the PUBLIC Officers
OF this State, other than Militia and Town officers
their election or appointment &c enact as follows
Section l. There shall be elected appointed, in the
manner hereinafter declared prescribed the follow
ing cr officers who shall be arranged in classes 10 be
denomnated Legislative Executive judicia! and Ad'
ninistratve' &C.
After specifying the officers of the first and second
classes, the section proceeds with an enumeration
Of those of the third class of Judicial officers to
wit:
"a Chancellor Register and other officers of the
Court Of Chancery "a Chief Justc and two Justices
OF the Supreme Court various other judicai officers
the list OF which about two pages And so ma
ny Counsecrs Solicitors and Attorneys shall from
time TO time be licensed practice by the several Courts
of Law or Equity in this state
Thus then according to the Revised Statutes OF
this State Counselors Solicitors and Attorneys are
public officers, cicd officers, judicial officers. ap
pointed by the several Courts Of Law OR Equity in
this State, any Judicial legislation or practice of
Courts to the contrary notwithstanding.
The Amended Constitution. Article G. Section :
and q declares that
The Judges OF the Court OF Appeals and Justices Of
the Supreme Court SHALL NOT EXERCISE aHy Power
Of appointment 10 public Office Aay male citizen Of
the age OF twenty years OF goo6 moral character
and who possesses the requisite qualifications OF learning
and ability shall be entitled TO admission to practice in
all the Courts OF this State
The Supreme Court it seems, has been III the
habit of exercising this power of appointment of
Public Officers to the extent Of nearly three hun
bred Attorneys annually. What an immense amount
of mischief might not such army OF ignorant
and undscipncd lawyers infict upon the People
OF the State Aud suppose they were neither
ignorant nor undsclplucd- their power for
mischief would be Increased, and the People must
pay for their schooling and training their science
and tactics. No wonder that the People in their
supreme law have declared that the Judges who
have sent among them annually such armies, such
'srarnls of public officers whether or not to liar.
ass them and eat on. their substance Z" shall not cx-
ercisc ANY power OF appointment to public Office.
No wonder that the People in the next sentence
have opened the practice IN all the Courts, to any
male citizen OF the age OF twentyonc years, &c.
&c whether he be person of color or as white us
ghost Will their Honors submit to this article
ithe Constitution after the first OF January next
or having overruled it, will they, indicated in
their high opinion continue their old practice of ap
pointing three hundred public officers per annum.
If they adhere to the latter course predict that
neither of them will be elected by the People TO the
Court OF Appeals under the Amended Constitution
Ii such is to be their practice, it is well that the
People are thus early apprized OF it Possibly the
People having thrown opcnthe practice OF the Law
to Gil citizens but the Blackwes Island voters and
their cousins german may take it into their heads
to catechise their candidates for Judicial Offices as
to their faith in the New Constitution. They may
take wide range in the selection OF candidates,
wider even, than the army of Public Officers ap.
pointed by the Supreme Court. They may, rs
Moses did, take Jcthros advice and choose out Of
ALI TnE rEopLE able men, such rs fear God, men
Of truth, hating covotousneSs and le;,hem Judge
the people at all seasons Whether the People
shall come fully up to this standard or not, have
no fear that they Will select tribunals at all inferior
to those which have been provided for them by
Executive Appointment. FRANKLlN.