New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-10-05
sEw.YoRk CONSTITUTIONAL CONVENTION,
EIGBTErNrH wEEK-CvrH DAY.


sEw.YORk CONSTITUTIONAL CONVENTION.
EIGHTEENTH wEEK-cvTH DAY
Absence Of Nethod-All in one Vote-ReyisiOn-
Common Lava Bride for Free Press, or
More Severe Law Of Libel-The Elective Fran
chise-BiIl Of RightS-lnsolvent sstates-Land
TenureS
To The Editor Of zle Tribune;
SIR. went down to the Convention tins morn.
ing earlier han usual being quite that EorcArIoN
or the ELECTIVE FRANCHISE would be taken up, rs
agreed on To ny great surprise both had 10 give way
10 Gen Wards Repor; on Militia Officers and the Com
rnissarv General which was considered OF immc
iiat interest By the honored Fathers OF the Republic
The order OF business has apparently given way 10 prop
o.,ons made hap.hazard Happy is he who first catch
e. the Presidents ere j. halfpast twelve, and
eleven Delegates are up each with proposition IN his
hand CIR. kennedy says fifteen or twenty propo-
ston proceed with the order OF the day has failed
COMMITTEE on Perising the Consultation.
Mr JORDAN from the Committee OF Seven, TO whom
referred the duty OF arranging the amendments
made by this Convention te the present Constitution
made Reports this morning, declaring that THE sEv
EERAL PARTS OF THE AMENDED CONSTITUTION CANNOT
BE SUBMITTED SEPARATELY TO THE PEOPLE, and IN
Guiding part Of the new Constitution that oound!sss
ocean Of rules orders Judicial decisions EHrre1 laws
reports treatises compendiuns opinions and ancient
customs and usages real imaginary called. by Law
yers in England. the COMMON LAW. because nobody
here where else. knows what II Is judges
here and there have reality fixed rules tor their
guidance but sit their benches hear arguments and
make law most 10 suit their own fancy IN the
exemplary form Of a decision on case
4 Committee WAS appointed time since TO pro
vide for the future Codihcstion OF the Law and this
looked upon az the cres, of Reform OF the
The Chairman Mr. White reported provision tor ell
fectng this object, bat when il before the Conycn
ton and about be voted on he asked leave TO with
draw IL, thus leaving the law OF this State more un
wiedy sntqrated doubtful and cumbroas than the men
OF l77o compelled TO do owing TO the embarrass
men OF civil and foreign war during the struggle ior
national existence.
Lar of LiJel-1i Bad More
This Committee where it suited them, changed the
Consttuton--adopted parts Of reports not adopted by
the Conyenuon-lsid other parts aside. Among other
things they ventured TO change the Law OF Libel bind
Ing tight the cords which now tie down free dis
cussou and fetter the press
Neier the Constitution The Slfes Of the STATE hare
regulated The iar regards rfrGfe Shs fer Lbe! aHd
they therefore Under the regulations cf The common
lar and this view OF the case supported ny Chancellor
UGlrorfh who in the OF holloway vs. TUrriI 26
Wendell 3s3 reported have held that the provision
OF the Constitution applies only criminal prosecutions
for bids and that the extension of II 10 civil suits in
stead OF operating Ia the protection OF individuals
charged with the publication OF hbclous matter As
intended by the trainers of the Constitution would
have the effect 20 hold parties responsible in where
a; common law they would be entitled 10 verdict
III idE djenGGH: is entitled TO rsrdic, ehtre
he prorss the alleged IN The publication be rebut
the provision OF the Constitution be made extend
civil suit he will be obliged besides showing the truth
of his allegations TO satisfy the jury that the matter
charged libelous published nth good rOres and
for jnstifabe ends.
Is it the object of the lawyers who sat on the Com
mtee TO make the law of libel more severe and annoy
ingf
At present under the Constitution OF ls2l the
may be given in evidence in all public prosecutions
indictments for Libel and the jury found that the de-
iendant published only The truth and II il appeared TO
them that such truth published from coed motives
and ustltaba then shall he he
Such not the law in civil suits private actions for
money as damages in Of alleged Libel II the facts
published are true, and can be made appear the
pirate prosecutor cannot make money out of the editor
publisher but he may state his Grand Jury
and they think right ndctthe author publisher
he has his remedy not by enrichinG himself but By pro
clfug rerdc and suitable public pRaishm6R,
ola malicious aud distibr Of The peace Of society
| Is not this enough Must this Convention undo some
part OF what little former did in the way OF free
ing the press Did not james Fenimore Cooper with
Judges OF his way OF thinking. md remedies in abund-
ance for what was called private iibeli
The experience OF the Courier and Enquirer the OF
Republican, the Albany Evening Journal, the New
World, and your own establishment might show that
less stringent clear and harsh laws would
suffice This is hard blow directed all that party
judges party legislatures and party urles have LETT Us OF
the Freedom Of the Press Allow it take effect and
the yiles characters that degrade humanity will their
luck in The law is very hard as il ia, and
might easily be amended but sls not the true remedy
You must not hereafter name public detaqter jail
bird striped tenant OF the State prison He VII! not
go TO grand jury, but TO ms attorney he WIN oins
his acton for damage done his feelings oy me puocA-
ton OF liumed. unpleasant truths WIN iaii purse
party man however black MS character sded ny par
- judge anG or able and crafty lawyers, WILL be too
much Tor the honest poor and independent historian
editor publisher and the courts OF law VIII become
terror 70 the tellers OF unpleasant truths ar oe II from
me TO assert that the law itnow stands perfect but
Messrs Powers, Brayon Jordan, Ncol, Harris w Iay-
lor and Russell the Revising Committee, many g'
ira haze agreed place me cbore clause m The Con-
sfi:Rti0n. have not Afforded the true remedy
saw tstnk, in the Journal OF Commerce, the other
day, remark ;ha, the stringent libel laws now in force
had so harassed editors that many things deserving OF
passed over 10 avoid the expense and
noyance of vexatious lawsuits. Will the proposi
ton mend matters; Inquire IN time DON'T heed ne
IN OF the 1000 certified wise OF the Stale
but have defended myself aud with ample success.
against many a hard. fought prosecution for libel
Mr.. Fennore Cooper well understands the Law OF
libel. He says in letter Mr.. Brysnt
Il sued AR for libel The !ssue made BY this
sut As The :a or f,eaood OF The nuriocs IIrpuaion-
as Is always the case in a. ac.oa OF MS sort The TsuTH
complete JUS caIion any i5e!, N The cad action
h- truth sA good Ho;rTe, N lie criminal proceedines
In your own case the editors OF the Courier and En-
nur,r Dec II 40 give The form of petition TO the