New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-06-27

Return of 90. 900 Elective Ghicers-Fees-
Rights from Royaity-The Duke of We'll
lington and Tuesdays Majority.
ALBANY, Thursday, June rs. 1876.
10 The Editor Of The Tribune:
Sir: The Select Committee on SO much Of Mr..
Cam pbell P Whites important Resolution, as re
lstes 10 the reduction into Code OF what is called
the CoMMos LAW. has been appointed by Presl-
dent Tracy. and consists of Messrs W HITE, Chair
man, WARD. RHoADEs, CHATFIELD. NIcoLL,
STow, and SHEPAsD-hve lawyers ana TWO lner-
chents-6ve Locos and two w hgs-three from me
city and four from the country.
This subject excites much interest here. but have NET
with come who xoud be glad the Convention sePa-
rate and leave that mysterious thing called in bitter sat-
Ire Common Law, tackled Republican Constitution as
part of H. Just as the Legislature OF 1925 adopted IN
some two or three lines Of statute. the whole OF the
Chsncery law Of England about which not one man N
one thousand knows any thing except be al his cost
Messrs Jackson, Searns and Pickering OF Mass essa
tive Commission, with the late eminent Judge Story al
their head have reported in favor OF Code AM shown
that il Is both expedent and practicable MI WALKER OF
Mississippi In his introduction 10 American Law" noos
precisely the same views. Tronche Louis the 4Nlds
Counsel al his trial. The soul OF the Civil Cocs OF Ns-
poeon The French Penal Code Is Infinitely more scien
fc and perfect than those who have only known our uoe
of natl Se and in ported law could imagine. oConne ear
Code for England The a reports of the British Com
missoner OF Inquiry into the Common Law clearly dem
ors,rate its necessity and Lord Broshs though out
voted never allows Session 10 pass without introducing
bills into Parliament for the consolidation and scientific
arrangement of the laws Civil, Criminal, and relative 10
thu procedure OF Courts &C. Governor Tompkins As lar
b, as 1872 expressed anxious desire to see change
brought about ard Gov Clinton in 1925 vainy urged the
formation of Code upon the Legislature. The " OK
State Revisors of the statutes vol pp I'D are not una
vorabe 10 the reduction Of the Common law into written
Code Bentham, Romlly, Macintosh, Cooper, sampson
and Langaon have all shown the necessity OF Code
plain clear and self-inerpreng-an De Tocqueve trN-
" remarks that The French lawyers simply nsn ex-
tensyey acquainted with statutes OF his country but me
English or American lawyer resembles the Hierophans oil
Ecyp for Ike them, he the sole Interpreter OF an &C.
cult science" need scarcely Jefferson as one of
the warmest friends TO modification OF the principles
which secured the rights of property In England where
10 aid the accumulation Of wealth in lie hands OF aiew the
legal Code rendered incomprehense 20 the unearned
the forms Of Judicial proceeding clothed In unntesoie
phraseoogy. requiring distinct privileged order OF men
to explain them, and the expenses OF carrying forward
suits rendered ntoerabe except the ch bu; the
wealthy being able lose the time and money necessary
10 carry litigation 10 It's final appeal
Mr.. F. Backus's resolution for inquiry into the
cosr of the Canals &c. amended as 10 the
phraseology, by him, and adopted. AS was reso-
luton by MIR w God. of inquiry as 10 securing 10
married women the right 10 hold control, ana con-
vev real estate belonging TO them at the time ot
marriage and to secure The husband with right of
dover in such estates
matter of great importance was brought before
the onvention by Mr. Perkins. in the form OF res
olution for the appointment of a Select Committee
of seven 10 report appropriate amendments and pro-
! g., 1,o opnpSi
Gers of the Government who may be guilty OF NAL
versation in Office. and for supplyin the places
vacated by the delinquents.
He said that from present appearances. it seemed
very probable that. under the amended Constu-
ton very large number of officers would De elect
ed by the people-that. for the most part, removal
of delinquent could only be effected by the DUN
cult process of an mpeachment-that unless the
/ Constitution provided q way, an officer expressly
elected by the people to serve In certain oihce Tor
given term could not as he believed he removed
by law till The end OF his term-ihat in the cases OF
| Sherifs &c. way vas rrovided-thati il was prob
able that henceforth District Attorneys and Surro-
gales would be elected BY the peope-thai they
have the charge and disbursement OF large sums OF
money! and that the State finances might be invov-
ed in difficulty if some etfectual provision of the
kind suggested by hin were not made. He cared
not by whom the provision should be brought IN
perhaps the Judiciary Committee would be the
| proper reference.
Ii appeared from subsequent remarhs oV MessIs
| Chalheld. chairman of Committee No. o. kemble
! Strong and Dauior,h. all of whom are associated
| with Mr.. Perkins on that Commuee, that this mat
ter had been before them-that there was some dit
! ference of opinion as TO the powers OF the Commit
tee with reference 10 itand that some thought that
Mr. Perkins might have ntrodu ced measure In Inc
form of section, in amendment 10 the Constitution
rs a minority report, had he thought hit MIR. sim.
mons considered a provision for the punishment OF
Gefaulting and other dishonest officers 10 choosing
whom the people might be deceived, as important
as prov de for electing officers and that the expert
en- &c that the country had had during the last or ~
We ars in respect 10 officers who had proved unhI
and unworthy ought to operate as warning. Pro-
Gee ding by impeachment be considered nugatory
and obsolete
0 order of reference was given on this notion
u the las, Convention Chief Justice Spencer said that
1.-THE certainty Of punishment the only sure preven-
ton of crime to which Gen. Root added that was
the strongest preventive of crime
Messrs Kirkland Dana, Strong Tilden, Richmond
and Russell took part in debate on the manner OF
considering Mr. Morriss Report upon the Execu.
tive Department. 1t was agreed 20 print proposed
amendments 10 the text Of the existing Constitution
in Italics Mr.. Kirkland thought the section giving
the Governor authority TO deliver up iugitives from
Justice 10 Foreign Powers should be expupged. as
the right 10 do this had been surrendered 10 The
United States.
NJ. Murphy proposed amendment 10 so much OF
the Constitution relates to annuing Charters and
guaranyng Grams of Land from the British Crown
in hch he declares that all grants in this State made
by ROYAL authority after Oct 14th. 1875. was refer
red 10 Mr. Tallmatges CommIee no. III Mr.. Muir
ply explained. that ne wished not 10 interfere with
the rights of individuals bu. with the principle that
political rights granted by Royalty could not be
touched even by that Convention.
Mr.. Miller had referred 10 Committee No; II
Section relative 10 the Jury Laws, and Mr.. Clyde
Resolution for electing County Trehsurers Surro-
gates and District Attorneys.
II was enabled but few minutes, to look at return
frem the Secretary's Office. which is to be printed 1t
shows the Surrogate CT the City Of New-Yotks fees
1915, Ssl7s-that the fees of the County CLERK
OF Albany CoYnty 81 and the Surrogate SlIs3-
the salary of the District Attorney for tina; County Soo
$1,000 is fees given)the fees Of the Clerk OF Al
lessuy Co. $i,602 &c. The return Is curious and in
struc.ive and wish could have copied OF IL.
1t shows that there T69 County omcers59 District
Attorneys chosen by the Judges CT the County Courts fog