New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-07-09
New. York Constitutional Convention.
SxE wEEK-1lxA DAY.

SIIIE NEkh-AAlA.s DAY.
Slow but sura-Flasg On Finance-Cook on Bank
DEBTS and DebiorS-Psrty Prinlins-EducaIion
al Funds Ten Million Error-PreScriptiopS
rGovernors-Bascom on Perpetual Allegiance
and the Common Law-Chiei Justice Nielsen.
the Supreme Court, and the Miseries .! Rule
Makins-Worden on State Naturalization Laws
-Loonlis on Party-COurts Of Appeal.
AIs.ST, Tusstzy, July I'll, lS46.
10 TX Edi:.r II IN zr15uns:
SIR: We are il the SIKH week Of the session
Eve Standing Committees, on; Of eighteen, have re-
ported p.opositions-some Of them only in part
and the Convention have resolved that there shall
be one Governor and ore Deputy Governor. as a;
present and hat citizen By choice usy be q can
d;da,e for tie Executive chair. Such was tie ls~
here from III TO 1921.
On recorded vote, taken shout eleven o'clock, il
was found that AZ members were absent and - in
their places some or delegates had leave Of ab-
sence ta useless fo-maliiy, as Mr.. " ordeu truly
observed seeing the Convention has no power 10
enforce a;tendance; The Clerk OF me County OF
York sent il report but not about the fees OF his
Office. which. Judging 5y the returns from Monroe,
Ere Oneida. SC. must yield him the enormous in
come OF SSS.lGv ~ -1SS~S S.Nu SUM- ~ -
600 to SIG 0oo year 10 the Clerk OF the County Of
hises
a bulky package OF papers. lied with red tape,
was announced ss report or return from Mr..
Flagg's bureau. upon finance, debts &c. Il was
sent of TO the printer, and by aud b. ve shall sec
i, in type, suppose. The journal printing still
lays far behind Wig, know not
The following resolution was presented By Mr..
Cook Of Saratoga. and referred
Essol,ei Tha, the St.,tirg Committee CuTrency and
Banking instructed Inquire ana concerning the
e1oedIency OF Constitutional provision requiring the
Legislature 10 pass aw for the equitable liquidation OF
the personal liability OF Banks 10 he creditors 10 pre-
unnecessary litigation aud delay The enforcement
OF such liabilities
A brief discussion ensued in bich Messrs. Cook,
Russell Simmons and CsmbreiiDg took part. Mr..
Cook showed. that if bank failed, he might. II a
Stakeholder be sued on s. note, ia The adJoniog
town. The Commiliee bad reported no remedy in
case of failure and unless some mode OF speedy
liquidation was devised he would have 10 vote
against the principle Of personal liability after 1855.
Mr. Russell said'I Ia ~ faut-Ihat in Eng
land the enforcement OF bank debts Is equitable,
speedy and certsin-the bank must pay and 50
must its debiors-bui in the Safe OF New oTs, al!
attempts to enforce The Liability OF banks aud he
nigh, have added bank debtors has been to make
US appear ridiculous Tine Common Law court
sends you 10 the Chanccry, and The Equity jurs-
dicton drives you back 10 the Common Law. The
remedy, instead OF being prompt is intricate and
tedious. Lawyers ind II difficult TO draw bill In
Chancery meet the facts of the case and In the
name oil common sense W hat has creditor 10 do
in Chencery TO prove that his debtor signed note
or bond Why not enact al once that the debtor
shall be asked, Is this your hand writing w hat
is the Chancery Bill but asking him by equivocal
process, nj vast cost and delay this question
Who knows mans writing better than himself !
And ii he Is TO be witness. IS simple aye or no
10 be scorned and the qarks and bubbles of equity
preferred II banks are no. promptly paid. now
can they pay promptly
Mr. Camoreling announced that the Committee
on Banks 10 act upon this subject-sud
Judge kuesles remarked that he knew, from ex-
perience, that the present remedy was expensive
and extremely difficult
Mr.. Russell inslanced the case of tie Rosie Lead
Co in 81. Lawrence County a blfu'as drawn, IN
Chancery which the Vice Chancellor threw out, as
mol being properly drawn. Another was drawn I'M
der his direction and that the Chancellor threw
out, the plea that the Chancery bad no jurlsdic-
lion The costs OF litigation exceeded all the other
Liabilities OF the company.
Itappears from the enclosed report tina, the re-
turns quoted the other day of the fees Of judges,
sc. are mere estimates. as many of Them kept no
account That is The French fashion, bat the rea-
son Is diterent-there they get DO fees
Among the propositions for Committees 10 .stect
upon have as Yet seen directed against that
dangerous practice of giving party editors an I'm
printing patronage. either by contract or In
some OlntT lufU, rs n EtiSIeI NttatutI W OphO!p
faction and faclioIs pcr,isans, right wrong. The
recent examples OF Croswel Richie, and Blair and
Rives, prove the necessity OF q check-out Il VIII
be no check al all If The avorite printers Of party
ge. the work, win ali understanding liza! II may be
loaded, banaed ont, spread over world Of paper,
and then slloS by Comptroller Fiagg, an old
printer solid matter On this subjecs am max
Ing some me oranGa thar Will astohish our honest
Locos. and sorcly perpeN Certain pretend ers.
DIR. Fsgg has reported on The Commo School,
Literature, and Unied States Deposite Funds
The capital of the FIRST is millions of dol
lsrs-oi the second S263 06o-and of the third Ca
Ola 500 respecting which last the Conpu oler or
his Deputy nakes g wholesale bunder. for he tells
the Convention page y that 1t is sl40l4, $50 or
ten millions more. presume his accounts are
more carefully added up.
The SAFE. through the Common School Fund. is
partner Tor $4,000 In tse Manhattan BaRk-over
s433 600 Of thu; fund have been borrowed by The,
Treasury-sl 500 more aren~rseec in State stocks
Is per cents suppose. for The " hole interest tor
lsi5. is stated CT only Sll345s)-Sel3 SOL in bonds
for lanGs-and S3lI $50 in bonds for loans OF which
sll2.500 lent hi, city. and 81: 600 10 Mont
gomery County. Z. c. Geunei owes $500 Dor
rowed and 50 600 simple interest on il. Why Is
he thus favored at the cost Of pubic education aud
in preference other debtors The best part OF the
statement i. that since lsl6. $3.50 500 have been
paid in aid of Common Schools from this fund,
which appears to have 334 coo acres of and, unsod
cent. Stale SOCKS wiki the cash IN Mr.. Flaggs
.ody
OF ,be Literature Fund. $4,000 are invested by
the Stale IN the stocks OF the Merchants Bank,
\. YORK.
When the Exchequer at Washington over
flowing over four millions were lent TO this State.
of which sit5,054 " in lis Treasury, and over
three and and q hall millions lent Out on mortgage.
The Attorney General might make n fortune 10
Year one would think, oui OF this bond and Ecort
gage system. with lis e!cetras The best feature
about ths las; fund is It's Appropriateness mil
loo and half in eight year-tor education STA
600 are pad yearly TO Deputy SuPeriniencerss
OF Common Schools. Who has he sppois.-
menis l]-S6 500 10 the Normal Schoo-S2= .00o
20 Acscernies and Sl65,0oo 10 Common Schools
On moneys iniudciously lent BY the State.
So 600 o. loss besides interest. has accrued,
chiefly in Ne~-iork and BROOKLYN
The Convention vas hour, nearly, in Commit
tee on Mayor Norris Report, and adjourned al s
Minute past -, il COMMITTEE having reported pre-