The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-09-09

anti forces swear roundy that they will enter the city
they shall walk their dead bodies first
As passed down the river yesterday, at Nauvoo, Keo.
kuk, Warsaw, Churchville, Lagrange and Quincy all
hands had their mouths wide and erect to catch
the As said before, ! cannot tell what will be
the result though will predict no blood will DO she'd
because one Is afraid and the other dare not II is
certain though that this is not the end of Mormons
of Mormondom for in almost every town and village OF
the whole west will find more less M0rmons.-
They more numerous than people generally imagine.
They poor deluded race but they give another il
Illustration e that prominent fact in history that persecu
ton of any sect has directly opposite effect from what
it was intended to have.
STATE CONSTITUTIONAL CONVENTION, Monday,
September 7-Mr. O'CoNoR presented PROPOSE
ton to dispose Of the unfinished business of the court of
chancery and the supreme COURT
ST. That part of this constitution which relates to the
supreme court shall not take effect until the first day of
election of Justices OF the said COURT and the first cleo
ton of the said justices and Of the judges of the court of
appeals shall be had the first Tuesday of May lsa7
Sa The legislature shall at its first session in lS47 pro-
vio for organizing the court Of appeals established by
this constitution and for transferring to the business
pending the present for the correction of errors
and for bringing to the said court appeals and wrs Of
from the DEGREES and judgments Of the present
we'll from the judgment and DEGREES Of the courts
that be organized under the provisions of this con-
| sutution.
So The legislature shall at the same session make
provision for assigning SO many OF the justices Of the
court elected aforesaid who are not desg
mated be members of the court of appeals may be
to the duty of hearing and deciding all
and matters pending in the present court q caancsry
been argued before the chancellor or before the justices
supreme court previous to the first day OF
June lSa and Tor that purpose such OF the said justices
shall be assigned to hear and determine and
matters pending in the court Of chancery and the JUS
tees assigned to hear and determine causes and mat
pending in the supreme court shall possess all
the powers and authority and be subject to the resrc
tons regulations conferred and imposed by law upon
the present court Of chancery and upon the present
rreme court and shall hold terms of the said courts at
such times and places as shall be prescribed by law
Of
tend their terms and stngs shall be provided in such
manner as the legislature shall direct
81 The remaining justices OF the supreme court to be
elected herein provided not designated members of
the court of appeals and not assigned to the hearing and
of chsncery ana tho supreme court shall hold circuit
and courts Of and terniner and shall per-
form such other Judicial duties as shall be prescribed by
IS The present Supreme Court and the Court of Chan
Gerry shall continue under their existing organization
and with the and authority now vested in them
until the LIST Of June ls4s for the purpose Of deciding
such and matters may hav been argued before
espectvely previous to the first June lS47 and
Tor the purpose Of hearing and deciding any
that may lie brought before them according to
law excepting such shall be pending and not argued
the first l5i7 and the hearing and deterlnna
ton Of which are herein before provided for In
any vacancy shosld in the Office OF chancellor Of
justice OF the present Supreme Court the duties of the
ONCE vacant shall be performed until first of June
ls4s by such justice of the Supreme Court hereafter
elected shall be designated for that purpose by the
Ss The Office of Circuit. Judge Of the Vice Chancel
os and the Assistant ViceC shall expire and
be abolished first June ls47 and all causes and bust
then pending undetermined before the viceC
csllors. before the Circuit Judges ViceChanceors
and before the Assistant Vice Chancellor shall be trans
rred to the courts organized by the legislature under
the provisions OF this constitution, to any of the JUS
tees of the Supreme Court to be elected hereafter, as
may be directed BY law.
~ Altar lst June, isas, the causes and business
sent Court OF Chancery, IN the present Supreme Court
and in the courts organized under the 80 section OF this
article, shall be transferred to and determined by the
courts permanently constituted under the provisions Of
this constitution"
Referred to the judiciary committee. The Convention
then proceeded to consider the report the judiciary
The question on the following section offered by
There shall be but one appeal in civil causes tried
before the of this State except the decision of
| additional appeal may be allowed"
Mr., Tsggart proposed to amend the section, as fol-
causes may be removed BY csrorari from such courts
after judgment to the county court The court to which
ngs and decision of the Justices and render such judg
men ought to have been rendered before the justices
lity to procure the evidence before the justice, new
trial ought to be granted, such court shall order new
trial before the County Court or before ajustce and
| in such manner as shall he provided by law.
Mr.. Hunt moved to add to the amendment-
"Whea the decision upon any appeal or review shall
confirm the original decision, all occasoned by any
| further appeal shall be paid by the appellant"
Lost, so to % Mr. Taggart's amendment was then
mer, rejected, 90 to 81 Br. Stow offered the following
'Nohine contained in this constitution shall be con-
strued to impair the pow jurisdiction of any
court of record other than courts OF equity,
blshed by act Of the legislature in city ofhis State
Mr. RUSSELL moved to lay the section on the table.
| Lost
MIR. swAcxHAMER moved to add to the section as
THE courts now established in cities and such may
hereafter be instituted therein under this constitution,
shall have uniform organization and jurisdiction in
Lost and the section offered by Mr. Stow referred
to the judiciary committee
Mr. RUSSELL offered the following section:-
THE legislature may establish similar courts in coun.
ties having population exceeding 10000"
Mr. SUMMON. offered the following section.--
The Legislature may provide that the judges If not
cised with any cobnty Judge to hold the terms in
banc of such county courtsS
Lost The 10Th section of the report then read az
The electors of the several towns shall, at their
annual town meeting, and in such manner as the legs
Their term of Office shall be four years Their number
and classification may be regulated by law:
Mr.. STRoyo moved to add thereto the following
They shall have exclusive Jurisdiction of all civil
tons contracts to the amount $780, and
to the amount Of $3.50 Laws shall be pass
justices Of the peace and for further trial and final de-
cision in such in the town where the first
trial was had, or in an adjoining town.
The FIRST clause of this amendment was negaived. 90
to a. the last 30 to A. Mr.. Strong then renewed Mr.
section. Lost without division The 10Th section,
reported by the judiciary committee, then adopted
65 to Q. Mr. Strong then offered the following section,
it having been offered by MIR. Worden amendment
Mr. Manns but was cut on by the previous question
justices of the Peace may render judgment Tor any
amount not exceeding $500 money contracts. agree
msnts for the of money, when defence Is in
srposed, and when such defence is inserpossd in any
whore the plaintiff shall claim to 500
the justice before whom the cause is pending shsl ad
ourn the into the Supreme Court; but when the
plaintiff shall not claim to $780, the justice
shall retain Jurisdiction OF the cause, and may render
Judgment therein. No costs shall be allowed in any
court OF record where tho recovery by default and
does not exceed $500 and the parties esde In the
county 10 similar when the parties reside in diff
eren counties actual expenses and disbursements with
| $lO0
The latter part of this Withdrawn. The residue
negatived, to So MIR. Stow offered udnent pro-
vidng for tho election of justices In cities by wards No
question. Recess.
| ArIERNooS SsssioS-The proposition of Mr. Stow,
providing for the election Of justices Of the peace in
cities the subject of debate and during