New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-08-12
Nsw-yoRE CONSTITUTIONAL CONVENTION
gLEvEYTH wEEK-LvlTIrH DAY
The Judiciary Reached at Last-A Court Of I'm
peachments--The ConventiOn-0'COn0r's anal
ysis Of Law and Equity


ALsASr. Monday, august 10 l-i5
To the Editor Of 7bs Tr5uae.
SIR. At quarter past ten this forenoon the Con
ve1tou resov itself into Committee Of the v hole
on the Administration OF Justice or more properly.
on the formation OF Legal Tribunals or Courts Of
Law. Mr. Cambreieng took the Char. and the first
subject considered was the composition OF Court
Tor the trial OF aachments-;he House OF Assem-
by being fixed on as the grand inquest in such
cases. and the Senate and Court OF Appeals
united as Cour; Of Impesrhmeuts- Snch IS
the proposition OF the Judiciary Committee Mr.
O Conor compared it 70 the Court Martial IN which
1niltar, men try military men 70 purify the Army
and there Is an analogy Tor BY the proposed plan.
Court composed Of party politicians Is 10 sit and
try party politicians. on an impeachment got up by
parry politicians Tor purifying politics. did hope
that something better than this would be offered.
The proposition OF Mr. Flanders OF Franklin to define
the offences so That public men might know them.
and that instead Of subectins official persons to an
imaginary rial by Impeachment. which has not been
resorted to here once during the last 20 years and
also 70 Indictment in the Common Law Courts. they
should be subjected only to tria for known and de-
fined offences IN the ordinary Courts, Ike the rest
of the citizens and have. like them the advantages
and securities OF that mode OF triai
M WoRDES objected to th!s. he SAID that all
the Legislature could do would be to declare that
any public officer uegectins or violating his duty
should be liable 20 punishment. Human ingenuity
conld ncver in his opinion. bring into one statute
all the offences TINT ought TO be punished by I'M
peachment The law OF the land is now substan-
italy as he aiiirms Just what Mr. Flanders wishes
il 10 he
Mn LOOMS reminded the Convention that the
Court proposed for the trial oil Impeachments was
not nm impartial Jury Of Indifferent men. but that
the majority who might decide would be q majority
of body OF politicians
Mr. FLAHDERs' amendment which evidently AIMS
at n written code OF laws. where pubic men would
find rules for their Guidance. and the Cont rules
for their punishment, il they deserved II Is mere de
clared to be impraCcablc and ifso the politicians
who are to try have TO create an offence, or define
a crime and thus declare bad man innocent or
guilty. a; their discretion They may hunt up
case tried in England 300 years ago and say. ac-
cording feeling. Judgment or fancy. that 1t APP
plies OF that it does not apply, aud acquit or con
denim accordingly.
Mr. HoFrMAY explained the origin Of these i'm
peachments. That in England, the great Barons
and other powerful men OF the State were found IN
the course OF time TO have become individually so
powertul that they set the ordinary tribunals OF
Justice at defiance. Hence II was that the Com
mons sat as n grand inquest TO impeach, and the
Peers each sitting III right OF his temporal barony
met as Court to try these ere3t men. Mr. Hotiin""
said that here the ike course had bee" ;ndisps"
sable and that such u1bnn" ought :" nav I ''''
first ,,locc II, th,. administration OF justice
Mr. PrRKiSs remarked that the Judges OF the
supreme Court and Court OF Appeals were 10 be
removed according to a different process from the
others as was shown in y II OF the Committee
Report and Of which section he approved ms
Government had existed 20, and that OF the United
States nearly DO wears and to this day there had
moi been 2 single case Of successful impeachment
before this Court County officers Were 10 be re-
moved by the Senate on the Governors recon-
mcndation and he apprehended no abuse OF these
powers AT present, in Sennte,l II a Senator Is
GUILTY of malvcrsation they expel him by bare
maiortv and impeachment before II Court com.
posed OF the Senate and Judges OF Appeals would
probably never be had recourse 10 unless IN the
case of the Governor and 1t, Governor
To me ii appears, that to argue against written
laws IS raising mist or thick log around pialn
Republican Where was the law, or the punish
ment or the impeachment. when Collector after
Collector OF the port OF New York proved default
crs one ior million and more, another Tor quar-
ter oil million and judicial officer Tor nearly
500 600 Where was the lmpcaChing power
when corrupt judges and bad officials were ex-
posed and proved unworthy IN this State. AS the
legal evidence shows W no was u'cd W no
suffered No ONE
Mr. MORRIS Member OF tins Convention. did an
act as Recorder OF New ork which Gov. Seward
declared 10 be Illegal. and ordered his dismissal
from office. Every Senator oil the Loco party sand
that Mouis did reht-every Senator OF the wing
party sand that he did wrong Both parties APP
Mod like MIR Worlen to the English or Com
mon Law. and Whis. Loco Foco Governor. Re.
corler. and Attorney General found IN that uniath-
omable abvss OF legal lore, that they We're, each
party. right and the other party wrong Can 10th
ing better be done for this great state N leio than
10 refuse Governor Clinton advice To arrange ana
codity the Common Law, Ear as j; applies 10 our
.counirv and pass the whole through the ordeal OF
the Legislature. subject 10 the provisions oil the
Constitution
MIR KIRKLAND said. that the eports ON the Ju
dietary should be fully explained the propncty OF
their provisions exhibited. and suitable arguments
madt. use OF To show that the changes and attera.
liors proposed were required Tor the pubic good
The public, and the members OF The bar should have
the. whole Of the arguments communicated 10 them
through the press for they also are TO Judge III ths
matter
The Chairman decided that the whole subject OF
the Judiciary open for argument and tui eN-
PLANTATION under the second section.
Mr. Brown reminded the Committee that tue
Chairmanhad to beg Members to remain 50 they
might have q quorum and thas any thing done III
Committee or any vote taken enabled no Member
10 Judge ot the views OF the Convention. he pro
posed lha, the outline should be thus settled; Let
the Committee rSes let Us ConSlt.''F IN tilS uoASc
these TWO points whether the jurisdiction q! the
Courts OF Chancery and Common Law, is or IS not TO
be united and whether the Judges are or are not
10 be elected. He read several resolutions embrac-
lug his views.
Mr. FoRsYrH wished that the Convention would
first decide rs to the inferior Courts jurisdictions
ana, then 20 to the higher tribunals and decide as
10 their construction. How could the Court OF Ap-
peals be regulated TIL II decided what tribu-
,aiS We're TO be appealed from
Mr.. WoRDEN admitted that the Convention could
not settle practically and useiglly the leading prn
ciples ON which the Judiciary system ought 70 he
established in Committee OF the Whole 1t was
said thai he was IN favor of continuing the Court
q; CHANGER He was IN favor OF thoroughly and
radically reforming that Court IN us operations and
character 1t had been but little improved Tor nun.
dreds of wears He would annihllaie much OF rs
inr1siicrion he would bring j, back 70 matters OF
FRAUD. Trust and ACCIDENT, Us appropriate iunc-
tons .,,
ing Members names on these great questions De
fore they had heard the whole o. the arguments
Members were 100 early committed 10 particular
course He would rather hear The discussion hrsf