New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-08-18


per Cs-.aia Montreal P.ot slG "a; 10 C5.Cllzi
p-e=ses den0uIce It s. . nuisance.
Governor cESAAo TAXED Z h4s Message o! jan I-f
Just as NJ kizx-A,1 talks - - sp-ech Of u..s; SO
OF: lie L.s-.-laC.e stood sock .cl anG AZ il-i,
fearful hat :.s C0-t 70; expressly abolished and
IL pisces 0; refuge l.. TosEe-v Of every grade sye5:
away TIE rooas W. conc cack again i Ias -ests are
!e:- g. Knox .a!d q: TIE Reformation
Ia 81 orphan fortune, OF widow ;oi-:s1-e -
Chancellor nj Registers, vices and Ll:es-d- T--ts.
grasp its Il The ZIP o. tie .sgv. and even Ire Con
yr.,.ou commits sacre-e. say,
cra- 70 D. t.e o.. ire u-lulv -po.. THIS spo.iC-du
has become part u He -Uver'.ie,.: funds II England
where TIE accountant general Gas the records O; 20
millions Q; dol!a-- thus absorbed.
in -c2 Genera. EooE eacea- OTe1 % abolish The Court
O; Chaacer and wind - affairs Up 5u; Van Buren, and
as tai we're too rGch :o- Al some yss-- since II
Nh Root moved section n oil II progress. -
these words The CoC-- OF Cla-ce-v : abolished -
So!ne5odr wanted 20 have thee CaaAcelo-s Az
rE Courc which Sar-Ge. Young compared . appoint
.n- committee OF three hens 70 lay one egg The
yeas we're Clark Ely. 4. B. Dickinson. turrlsn Eaw-
k..= Hal. Hum T. !. Livingston. Maynard N.caO.as.
Root Ts..E.a1-a aud loCas-.3 The Nays-lO. 5u; Il
stuck somewhere.
hope that no provision will De made il any way or
continuing the Court OF CLgncery. Why should there
n NsdGockss Pre:ace 70 rs Principles snc Practice
Of the Court Vi Chancerr &c says. hat
Lord Chancellor Nottingham Observes OF Sir Matthew
Eslc ina; IL looked upon Equity OF TIE COMMON
Law and one OF he grounds OF = and therefore
he could e did always reduce - certain rules HEc pre-
cg.e= That might study y >csSCE and not ih;ilS
the administration o. il 1aa any hing ar5isarf u IL
NJ KIRKLAND has no,so!.owed the example OF Messrs
RrCGLEs and OCoNoR N entearorns 70 give the
judges and 'ats from e YD's the exclusive patronage
o: awrer-i!censing. he says
The mode Of recommending judicial ctcers by fees and
perqusiie Vi gi.ce ! irlshi ~ b scie!t- iedtcy
: corrup'ur, demO-axla md cegrac!ng- Ha- a'Vay-
The appearance and 'eareG tlS eTect 81 eonTe
tHE the judicial He;ionGry INTO senior Of justice i mas
caused ver.. numerous and very Jus; complains
Again =ir JudiclG! patronage the power OF appoint
Office 10y The mcumbeui- OF high jgaicin stations
:. II j. believed, universally Teprooaied II presents
III -H -lnff ~ n.
subectct-It exposes them 70 inpuiatos and suspicious
from! which. ;aey should DE- "aoy irec-t tends 20 Zero
gate from tie high u1spotied character iacF shouG a.
ways bear The Temple Of Justice Il the last place from
which should be distributed lie .Poilz OF Office
He proposes 10 unite the duties OF Term and Circuit
Iud-e--ocs for irving cases IN law and equity sub
stantiaIv In the same ranncr"-bringng Courts
misunderstanding Judicial patronage. tees and per
guisitcs-cvins judges term Tor ycsr= and not Tor
lie, and making the supreme and Chancery Courts one
tribunal AZ which ! very good L postiye orders are
given in the Constitution do L. adding thereto tie
total abolition OF the Chancery Court by the adoption
OF one practice Every effort OF the People thus Tar
has been batcd By those who had an interest IN plum
derinc them and screening denqucuts with the power
OF the Courts intended Tor their punishment
venture to assert (-ay- ilr h that there is not
great radical essential difference between any given
i,!, OF equity la,y and Legal exists between
of h- different titles branches oil the law ITSELF
Tor instance, between ecercial law ana NE Jaw o
contingent rcmanderand between the law OF Ue anu
the law OF descen;s and devi-es The difference between
law aud equity l. difference IN the feed'r' aiid SHo
stdrtlaly in nothing more
Aud why then is Mr.. X. not at present the advocate
OF assimuatin- and making uniform the practice Inns
i the whole difficulty IN England as here the une never
arrives II we are merely to have Judge kussles or
Judge Waworth law and equity judges going tue CIR
cult this vamped up reform Will be lust what we nave
had for the las, - ycars Il in Newlork I'll
more patronage wanted and the jurisdictions there
were separated by giving halt TO a ViceC Chancellor
Until these law tribunals get code OF rules tor their
guidance the form Of well arranged lave they wl
make reform and imagine that inc people VIII no
be so foolish create court 10 pass upon the a"'
ana their constitutonaity, without reseryng TO them
selves the power OF election. and Of wedding out occa
sioaay arbitrary judge elected by mistake
Mr. KIRKLAND i opposed 70 The nine Members VINO
composed the majority OF the Judiciary Committee as
tar as they 90 Tor supreme Court OF - Judges 10
each District It's very numbers. he says destroys It
He also speaks Of uniformity Of dccsi0n-bU that We
never have had and have. The Court OF Ans
Bench day believed ~ w!tchcrait and tomorrow
abandoned II. The English Queens Bench judges dc
ciared OConnei innocent The Irish ditto sent ann to
the pententiary Rarely is the Court o EIror- OF one
opinion and when the men change, 30 do the opinions
NJ. MABvfSs eastern and western Courts would nct
bring about uniformity OF Judgment a. 10 the meaning
Vi turnpike act. VI. hrklaEds plan i before your
readers 10 whose judgment refer IL
regret 10 see that MIR X Is not prepared TO 20 the
u ..G;,h O; cecune the Judges Tie SAYS Il has been
ar.cG and with justice that Judge elected by op1'
lar vote would be exceedingly liable 20 entertain preu
dices and Hostility toward those who may nave warmly
oDnosed his election shall We for the reason,
1--WE up the election Of Governors. Legislators, state OF
hcers Presidents Mayors, Aldermen, &c No replies
Mr. kirkland 81 entirely Wiling 10 nave LIS inOut
frlect.onl tested - and he truly observes, that
not 70 be dericd conducted 10
not ea,e people free and nbased choice tsy 'ao"d
have and IT td party CoH.ertoni and ne nonl-
nations there made untrequety The fruits Of intrigue
and se!hsi uidneuyer
These are important though disasreesbe truths, and
the remedy Is 10 provide openly through the Constit'
on Tor an official nomination by the people, the Boards
of Supervisors or some suitable body 70 5e elected Tor
the purpose leaving 10 the electors 10 confirm or d!.a
low. r.