New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-08-06

Judges and Chsncelors- ! County Courts Win
final appeal 70 the Superior Courts unless they re-
+ verse the decre-ths Superior Courts having sheis
final appeal 70 the Cour: OF
Mr. BAscox proposed TO create Supreme Court
OF % Judges the powers Of which tie Legislature
ar 70 prescribe Said 81 Judges are 70 be elected
one in each Senate District By the People and the
/ term OF Judge TO be yes-s. Four Senate DIS
tricts are TO form Judicial District. As often as
I the judges may think III. there shall oe Circuit
! Session in each County By one Supreme Court
| judge and Bank Sessions 10 review the proceed
ngs of the Circuit Sessions Certain Judges sre 10
/ form Court OF Appeal 70 review the review by
the Bank Sessions where II may De desired. Inc
present Chancery- Court TO De abolished.
/ Mr.. LOOMS proposes system OF County Courts
! 20 be composed OF one Justice 10 be elected by
! each 10000 perSous-In al $50 10 200 Justices
( OF these plans as whole, M Bascou ; brings
Justice nearestto the people. he aboshes the Court
| Of Chancerv as q Court. as also the Court OF Er-
rors. and makes no express provision for the
else OF what IS called equity powers He continues
the Justice Cour; system, and makes no constitl;
tional provision for excluding all men rum acting
as counsel and attorneys except by special perinls
sion OF certain judges One review or appeal troni
anv decision OF Court is surely enou gh-Ii we ap-
peal il should be TO the best authority AT once
| He provides Tor more than one. NJ. O Copor frank
II admitted that the distinction between law and
equity ought not to exist. Judge auSsies does not
DENY that. but he provides for the express coatlnu
-
last
Why should there be more than one Judge in one
! Court Chancellor Walworth sits alonc-so does
Vice Chancellor McCoun-so does the Lord Chief
Baron the Master OF the Rolls, the Lord Chancellor
in England and in Ireland, and many Judges IN this
Country. The Circuit Court Judge and the District
Court Judge in the United States Courts sit alone,
or NAV do So What has any Judge 20 per.'rm which
one man with the appropriate intellectual and moral
qualities may not perform lsnot one Judge cheaper
than three i've or seven Why, then should there be
more than Que Judge to one Tribunal Gov. Nor
ton in Massachusetts, and one or two gentlemen
here praise the English system OF Courts with four
Judges Mr. O'Connen bred to the Law in Lon
don, more correctly remarks that There were but
few who recoected we'll what the Courts were that
would not say that one Judge was sufficient IN each
and that the other three only delayed the party God
knows how long before he could get his case de-
| cided.
Ii there is but one Judge he will get all the credit
or all the blame. II there is neglect or uniarness
why should there be any difficulty in exposing the
wrong doerl What is everybodys business Is no.
body's is as true on the Bench elsewhere.
AS to an appeal for security against the miscon-
duct incompetence OF the Judge. If It IS proper to
be allowed in one OF so 1t is III al others
Why should an appeal be allowed IN cases winch
relate 10 property OF considerable value and dis
pensed with If the sum is small Is justice TO the
Wealthy the one thing needul, and justice TO the
Poor Of less Importance There are many poor
men for one rich man, and the poor mans ten dol
lars are OF more value TO him than the rich man
/ thousand
Why should there be stages III appeals, as now
Why not have an appeal to the very best source Of
Justice at once?
Ii the Judge is appealed from. there is no neces
sity in any case for parties witnesses or counsel 10
20 10 the Appeal Court-all that is wanted is
tain papers as foundation. IL matters little there
fore whether the Appeal Court be SO miles or 500
miles of-but it matters great deal that 1t be
where there plenty Of free and fearless presses
and intelligent public.
II one Judge IS enough IN the Court appealed
from, so also one is enough i'll the Court appealed
TO- If ne is competent TO decide is enough
and If he is incompetent he ought not TO be there.
The Courts of Appeal ought to be as numerous as
the speedy hearing of all the causes requires, and
the Judges ought TO be chosen from among men OF
education and experience by those who have no
interest contrary 10 the very best administration OF
Justice Some Of the gentlemen the Judiciary
Committee are tor kind of appeals. some for
anorher-some are for Courts with Is H. I. 4, B. ?,
or Judges-some tor Courts MT eight places IN the
State some az eight hundred The judgmentseat
should never be empty. and justice should be
brought near The people. man should not be a
pesder for hire in Court and Judge IN another
Are fees right when paid to the elective Judge who
can tn cause OF 500, and wrong when paid 10
the Judge who sits 10 decide a case OF slOl
Some of the Committee say yes. In the causes OF
thousands of dollars. due 10 or by rich men, some
have provided that the State shall pay Judges and
Clerks 200 year each but that IN the causes
of plain farmers and mechanics, the Judges and
Clerks are TO levy fees from the parties Should
this be so WHY should not as Mr. 0 Conor pro-
poses n code OF laws be passed BY the Lesisia-
ture regulating the proceedings III the Courts :
WHY should the Judges be allowed as he also pro-
poses. to make the laws that regulate such pro-
ceedings
surely the discovery OF truth is promoted by tax
ing advantage OF every thing which tends 70 throw
light upon the matter in dispute. Judges hitherto.
have established rules IN direct opposition TO tins
proposition. The very best information may be had
perhaps from the very worst source; and why
should there be rule OF evidence IN equity ana
the direct contrary III law, and both. as 1t is now
proposed before one Judge. and with reference TO
one man. perhaps. in different causes
Mr. BAscoM's original plan OF a Judiciary as
read il long ago in The Tribune. embraced Court
of Cancellation before. which all cases would be trst
heard. without the aid OF lawyers witnesses,
aud Mr. w Waterbury. a farmer from Delaware has
proposed IN Convention. 10 increase the powers OF
the Justices Courts, with cheap final and speedy
appeal, 10 prevent people from being beSgared
with law costs. 4 Clarendon correspondent OF
YOURS also proposes 10 increase the jurisdiction OF
Justices Courts shows that the County and Cir
cult Courts cost $500 600 year the country, and
that the Justices Court dis patches more work n
two hours than the County Court N two days, be
sides doing it all at home. Why not then make
the Justices Courts complete as possible, and
give them large debts 10 decide on ! II Judge IS
fit TO decide on debt OF $50, he not equally fit
To decide on a debt oil $500 Does the business OF
the rich and wealthy require different Court and
Judge from that OF the weak and poor How Is II,
MIR. Brown You like the idea OF fees from the
poor to pay village Judgesyou want the State
To pay the fees OF the tcous rich IN the form OF
handsome SALARY their wealthy Justices You
disl.s- M Sc. Mr. Savage dof the Chief Justices
robe. and hurably accept the Clerks place IN MS
own Court at the hands OF Messrs. Nelson, Bcon-
son and Cowan because it paid better 60 did l.
ver.alIv boughr-frst bv an open price paid to the
crown and I'd, by secret bonus paid to the
Kings minister They dsliked 70 see Justice sold
so Jefferson tells Us, and when they saw mat
friend were OF more value than an honest cause,
they upset the monarchy. There are no ices IN
France now-cases do NJ stand over from term 70
term. Even in BonaPartes Courts Inc JUDGES nae
70 sir ali ,isv had heard and decided every cause
on the rcll