New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-09-04


agents who had brough; ihe state INTO debt and daOn-
or in favor OF the yeomanry OF the state, who were
threatened with being ground 70 powder
The Jg0ie.Gry-.4joiitton II Masters N ChGacery.
While On the 7th section Genera! TALLAADcE with
rev to Keep ;he Judges out OF politics and caoas
moved 20 add ina;
The judges OF The Court Of Appeal. AID re Justices Of
supreme Cour; a. not be elected or appointed TO-
hold any oe Office public trust during me term fer
which tney sEa!l respectively have been elected
Which was lost-r- 10 g.
The eth section then adopted
~ The Classification OF the Justices @! The Supreme
Court the times ana place % holding lie er- o TIE CelF
oAppe!a, and Of The general and special lens OF ne 81
prere Court within Districts. ana the Circuit
Courts and Courts of Oycr AID T-rmHer within the sew
ersl Counties shs! Be provided tor By law.
i discussion, which lasted par; OF tTc day? TOOK place
upon q which provided tina: in Equity cases the test
nony should be taken in open Court in the manner now
done in t,ial- at Common Law. Mr. Harris proposed
10 substitute the following
g. Thu icc- of ia-,r and Examiner IN Chancery are
abolished. The testimony IN Equity casc- shall be iahen
before The Judge WIN -iall ear and decide me SAM n
me Legislature provide law for the examination Of
foreign and Witnesses and me taxing 0: testimony
conJitioua. and tie reference Of any question or cause
TO IN auditor eudi,ors. referee referees upon special
application or bT consent OF parties.
This n Mr. Murphy observed. abolished Masters IN
Chrnccry The o: the section and LEFT
for their creation again By the Judges al the end
of II under the o: auditors. sc. NJ. BRoVrS
was for sending all proper cases 10 Hry. and
proper for reference" ne would send TO those costly
helps the Examiners &c. in Chancery, under the new
TINT the section should read thus
"z9. The testimony equity shall be taken in Ike
us in cases al law"
which was adopted non. o0n.
MIR Mann moved then TO add 70 the section these i'm
portant words
THE OFFICES os M,srcEANO BxAyiSER ~ CH.ScERY
ARE HEREBY ABOLISHED
Mr. BRo,vN advised the Convention to vote down Mr..
Mann, amendment He was OF opinion that 10 abolish
Offices III the Constitution not the right way 10 20 to
work. Masters in Chanccry could not be dispensed
u,,lt. ir bis isip an
point them under the name of Referees
deputy Judges and Chancery, win Sherias fees, 10
the $1,000 ayesr Judge from judicial labor and
able him 10 play the ider on his handsome income
Mr.. BAscoM stated case in which the Master in
Chancery got $50 Tor what tho sheriff cd Tor - or 81
and showed tnac the Office useless public bu:then
Mr. Bruce said there IN tho state Is Examiners
and loo Masters IN Chancerythe people demanded re-
liei from such heavy burhen NJ. NIcoLL did not
like this proposition but declared be ndivsi
bic. Mr. VAN ScHooSHovES would prevent the crca-
ton OF SUCH and abolish these useless Offices
Mr. STRONG said il not 10 be tolerated that these
boodsuckcrs upon the people should be retained. Let
them be swept OF existence IL this chance
OF getting OF them let slip there might be
another. Mr.. TAGoARr contemplated. By section he
offered the system of Chancery Referees IN fash
ion, like IL. His proposition states variety o
ways of taking testimony which would throw the bur
then very much at: the Judgewhen he thought nj Mr.
KIRKLAND also wanted provision made by law, that Is
by the Legislature Tor III performance OF the duties OF
Masters in Chancery. Mr. MORRIS, desiring the utter
aanhilation OF all distinction between law and equity
terms which the very thing, had in the sec
ton copied below, used the words a.! civil causes.
90 testimony IN all civil cases shall be taken the
testimony is taken in issues at law sub
jec 10 regulation by law AL trials " issues OF TACT sea
be tried by cour, and jury except where ne parties sa
agree try before the where the same
shall be referred according 10 law
Mr. Mann's amendment was adopted, and Masters and
Examiners by righteous vote Of g 10 decreed
10 be abolished
Mr. MURPHY was one of the sis, and declared that
although the Convention had abolished these Offices in
name the Courts would keep them up II some ether
form Mr.. BRowN did not vote
In my Fridays letter gave tlr Murphy vote on the
ineigbity OF the Judges to second term, and asked
where he at the previous vote, stating that there
was then much noise. ON reference the journal
and he, voted for the twelve wears Msssrs Starbuck
aud Seger the Secretaries, are very competent, officers
and always ready afford information but sometimes
send down Il return of votes somewhat incomplete
rather than harass them when they very busy
Their Office is assuredly no sanecurc.
Liltre,sai Educqtioa-N mast be attended 10.
The Teachers Advocate gives the proceedings of the
Y State Teachers Association their recent Ami!
yersnry |; appears tina! they dsspprovc of the diver
sion OF large portion OF the Literature and l. 5 De
post Funds 10 the Common School Fund. One OF
their Resolutions to the Convention is excellent.
Read it:
Resolsed That we fully and cordially approve OF The
proposition submitted The Committee on Education &c
10 tho State Convention now in session for the establish
by law OF system of Free Schools and ior the free
education OF child IN the STATE II the Common
Schools established. hereafter 10 he established
therein and that earnestly recommend Us adoption BY
the rention, and It's sanction by the people IN tile full
conviction that the prosperity and wel5eing OF al
institutions civil social and religious, and the welfare
and happiness of the people individually and collectively
nre inseparahy identified with the universal diffusion Of
knowledge the incubation OF virtuous Princi
piles.
MEN OF PRopERry-do not depend upon any upon
MI other influences for its protection and the public
prosperity but be that the people. who are 10 be
entrusted with new powers are thoroughly educated
Send into their schools popular reatses our laws and
institutions, trcstses where manly virtue, generous
sclfdenial chivalrous love OF country. and high
sense honor both personal and national taught by
example ami preccpt Oer liberal premiums for school
books which teach obedience good laws. strong
gard FOR the iulhmcnt of pecuniay obligation and ha
tired 20 artitcc duphc;y insinccrity ana intrigue Con
vince the millions that you have the general good At
heart and that il Is the interest oi all so 10 act that the
Union and the State may be free prosperous ANA happy
at home. and revcrcd abroad Be the friends OF the
poor, and anxious to prevent crime than to
punish it, Chemistry and machinery your diligen
scrvants-,hev aid all let each OF Us also aid the
others
The OF mankind would perish says Sir Walter
ScOlI) did they aid each other. From the lime
that the binds the chlds head I'LL the moment thai
kind assistant wipes the death damp from the brow
OF the living, cannot exist without mutual help All.
therefore, need have right 10 ask II OF their tel!
low mor,a; who holds the power OF granting can
Z refuse II without guilt n.