New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-08-29

g.e- Stephens SwsckhaIer, Taylor '" Taylor, IL
SoEs-Mes.rs Archer ,. 2 Backu., Bascou1, Sovcish.
Bruce, Bull Csrnarelsagr D D. Campbell r Campbell,
nell Darof:h Dodd, Elanders Forsyth. Gebhsrt, Harris,
Harrison Hsri. Hoaiaan. HocAi-s. Hunk Huntington.
Eyde, Kingsley, Kirkland Miller orrls Neao.a- Coz
or Parish P-anInan, Por;er President Richmond. R-ke-
s. John, Sanford, Shaw. Sheldon. shepard. Sinaor- z
Spencer, \" = spencer stanton sstao1 Sto,v, st-o1z
Taft. Tsggert, TaInaGg-, Townsend EEchs. Ward Wa
ierbury. White Willard Wit5ecE, Wood 4 wight law
go, Young, fUung--Ss
Next ,hey voted down sn ar,enduien; Of NJ Bascocn
which a. understood K swept away the whole OF the
British unknown and underlined Caance-v Powers from
our statute BOOK sec my extract from the Sta.ue:
and left 70 american Legislature the proper Guir OF
enuInerarng and prescribing Equity Powers the
Supreme Court should possess. think might have
has-!y gone for Me=zrs. Brown and Rugslcs= sudden
proposition. mad had vote I'll heard Alr Sascor=
BIZ. surely ms j. .ucUrnuaraoT superior Tor = sweeps
from the board The whole Of the British machinery
through which srtui lawyer have cursed country and
people 20 whom nature mas been yeTT oountu ~!l-e
Ne.sr. Brown and RuzEess recognizes and establishes
!. in the Constitution; and they declare That /;
mater Of doubt and may hereafter be ground OF strife
and contention between the Judiciary and the Legis!a
ture whether me latter can modify the underlined Equity
% Powers which they say the section passed by the
Convention have conferred and recognized -
Other lawyers give different version Their protests
and counter protests recorded n e- speeches no
one proposes any hing cle1r ana plain a. TO p1 mcers
Jaoud Gisp,f ana thus i tina; This litigous trAter
MY prepare the way for keeping the country n fer
rneut where a.. might 10 made distinct and definite
Alter Mr. Bascom- amendment voted dOwn-l00
10 iG-gnd The t..ird adopted above stated
Mr JORDAN rose and laid Here Court established
IN the Constitution. having general jurisdiction nj aw
AND in equity. WHICH The LEGISLATIVE CANNOT NioDi
~ on INTERFERE WITH. unless provision De made IL
The Constitution 20 enable them 10 do so de then pro
posed that the Lesls!alr should have the same power
10 REGULATE matter in law and equity tina; j: now pos
s..ses.
Mr CuArrlFLD SAID the word regulate was uncer
tRn The power to regulate commerce con
:errrd in the t. s. Constitution. had caused much
trouble and mischief! Perhaps Mr. Jordan and himseli
might agree As 10 the power OF the Legislature
In, matter mad better be LEI; a II J.
Mr. JORDAN withtrev ms amendment az the Con
yeutjon h'd FINED The Jurisdictions
NJ BEowN soon after remarked inst the enormous
powers OF the Court Of CHancerv had been complained
OF Aud II ought remembered that the lawyers had
TINS day inerposed and eudeavored 10 check and limit
those powers and that the Convention had put them
down and ovcrruled them. II the Legislature should.
ON the one hand desire nUndge the powers OF the
Court OF Cnanccry and the supreme Court now Gre
atrj should deny tho power Of the Legislature 10 con
troll il he wished not to be- forgotten that the lawyers
Mr. Rusrlcs mad himself had tried provide Tor cur
falling those powers, and thnt they were oyerruled
Now 10 the votes
/ Mr. BAsco,I's proposition IN these words
There shall be supreme COuri having genera COM
las jurisdiction and s'ict speeiai eqt jurisdiction
! The ayes
Me-srs Angel. Archer, Bes Dodd, Hunt Mann, Pat
ter.an Richmond Tat; and Taggart-on.y TEN-
The noes were ZOO al the other members Of the Con
yeuiOu. except the following ab-entees same cf arAoE
preferred Totc Tiz
ley, jones' Herman. Mcneil, McNiIi. Maxwell, Munro
''eson, who though Judge, 6eeyr away TIL the Judic
| smith, Tilden
Nj JonDAxs section. which he % withdrew
gsvc 10 the Legislature the power 10 alter ana
regulate the jurisdiction in Law and in Equity as 1t
/ now possesses
5ir CNrFIELD spoke OF proposing al addition to
/ Mr. JordGn's proposed section
Bur proceeding. in Law and Equity shall not .eps
District jurisdictions 10 he administered by diter
rui Idpes but PROVISIONS shall! he made bv Law for
Inv iu a
aud far shall be consistent with The end- OF
lie also Withdrew it,
have shown that tho statute adopts the whole Chan
cerv law OF England without explaining what tina; Is
tina, Mcssrs Brown and Ruggle- wanted 10 GO: into
the Constitution declaration that the jurisdiction OF
the new supreme Court shall be quite extensive a.
those OF Chancellor Walworths Court and the Su
preme Court under the appearance Of providing for
the limitation OF their powcrsihat division OF the
learned lawyers soutly affirm that B. As passed leaves
10 tho supreme Court the whole powers OF the
present and of the Court OF Chamcery and places
jurisdiction beyond the control OF the legislature
TINT another division Just stouy declares that sec
ton adopted leaves The whole subject entirely in the
power OF the LegisRturcand That the Convention have
rcsOlutely and decis!vely voted down Mr.. Ba=com's
proposition grant no Equity Chencery powers 20
the supreme Court except those which should be
shown be necessary the general good and specially
defined by laws duly asscned 10 by the Legislature.
Is manly patriotic. IL il lust TO leave matters in
this uncertain condition The section may be right
il is but the lawyers brewing trouble 10 the
country when they refuse add explanatory
where there acknowledged uncertainty Mr.. Rug
CLOS and Mr.. Brown took not 10 add Their amend
the section II agreed upon in Committee
for that would not have answered the object OF obtain
inc distnc, recognition OF the present systems in the
new Constitution
In England there are Bankrupt Laws-in Scotland 10
pc! cent on his claim i allowed 70 that creditor who
prosecutes an embarrassed debtor in leu OF Law
costs and he ranks ne ought TO do with the other
creditors general assignment Il ought to be so
hsTc Instead o; that the sharp creditor the creditor
who may have understanding with a dishonest debt
or and the creditor who first gets Judgment
Law and Bill in Chanccry, gets undue preference
! these are often paid IN tlI, while others much
more, entitled TO be paid gel nothing THIS i wrong
il Ike the the achnery-m0re 10 help Knaves
than aid correct business men te!eued issue The
expression ought 20 have been allowed Amer
lean statute Book.
Messrs Mann. oConor. Waterbury Harm. and oth.
have enormously endeavored 10 give n charge 10
Chef judges, and such Ike, the framing OF laws 10
guide the proceedings OF the Courts. Chancellor Wal
worth has had the ample powers 10 prevent the
people from being plaeed by the enormous costs iedi
schemes. and vile proceedings OF his odious uou
nal for the last ycars-and MS apparent study has
been 10 enrich the legal profession by costs ana plead
ines, and intricate rules He has ul! and special pow
make creditors bills moderately expensive Re
member the $1,000 and the Western nome named By
Mr.. Worden. The 5000 Tor examining witnesses IN
in Oneida County could have been saved. IN
part had the Chancellor done his duty
The Revised Statutes. vol. ID 3D. ed. p 81 reminds
Us, in 81 that
Tie Chancellor shall have power from time 10 time;
!
amend the practice the Court OF Chancrrv, lie
! no; provided for by any statute
And Mr. Waworth i ordered 70 revise his rules from
time 70 ;rne, in order 10 sher.en Chancery bills and
other proceed!ngn order 70 expedite the decision OF
order diminish costs-and III order 10 rem
! eis abuses IN Chsncery practice.
And IN IS Ny Walworth i ordered 10 that
! Chsncery proceeding bc made lengthy with view 70
getting snd to saddle the costs II such cases
the Attorney and psy them back The injured party
VIII the msn who paid si237 OF costs III lica in
dispute with his wife separate maintenance, give
this protector OF infancy and age. up al Saratoga
MI early call
Nj DrgoIs. this morning presented the petition OF
the inhabitants OF La Grange Duichess County iG'ust
universal education By Free Schools The Teachers As
sccison have the Convention resolution against
the diversion OF the Literature Fund. Ny. CHAMBER
LAIN offered ani the Convention adopted Resolution.
! as follows
Resol,rd Tbs, the Comptroller report 10 tbs Convention
statement IN detail showing the amount OF Stale stocks
outstanding the day OF September. Lo Tor what
PURPOSES It WAS issued and when PAYABLE thai Tor cans.
purposes column and mat Tor 81 other purposes II
another column! Also. lie aroGl Of FUNDS belonging 10
Tie Slair svaahe and sslS5.e separately stated ana
sources from which derived and ne afpo-eso
VIII when