New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-02-12

. Chaucel'ors Court 10 receive the Report of the
Committee appointed in relation TO compiling and re-
commenting Law for the establishing Of Courts oil
Justice under the Constitution in this city. Messrs
wooD Loan and Field were in the chair snd Messrs
DAVIES and NIcorL Secretaries. Mr.. SLossoS on the
part OF the Committee presented Report with the
draft OF Law he latter contained in printed octave
pamphlet Of s. pages) The Report il as follows
THE COMMITTEE crp0ini.d n a aaHiHg ofhs R'y. Fed
ne CIR Hqi or fts l2h Dec si6 o. consider auf
port ne measures prp 70 b. taken for ne prosc u cor
rvirg rise and sccessni operation ne Jsa-frs Sgs
I'm e0uisnya,ed By ne N-'o CoRsifufoR
REPORT
That they have devoted much time and attention 10
the subjects embraced in the resolution of reference and
submit as the result OF their best efforts the accompany
ing dra0 OF a law % be entitled An set 10 regulate
Courts OF Justice ia the City OF Ncw-Ncrk
The present Judicial establishment OF this CITY con
s.,s Of two VceChancelors. one Circuit Judge. one
Surrogate one Recorder three Judges oil the Superior
Court hrcc JUDGES OF Toe Common Pleas three Justices
OF the Marine Court seven Assistant Jastices sud SIX
Police Justices
This numerous judicial force consisting Of eleven
Judges az Courts OF Record and sixteen inferior Justices
hos scarcely proved adequate 20 the speedy and Efficient
administration of Justice. although 70 has received very
extensive ai from the two high State Courts Of or2na
Jurisdiction which are about 20 be abolished by the New
Constitution.
That go much Judicial labor required or the adjust
men, Cf controversies md the preservation o order IN
our City. s not Jet on which any uniavorabe OBJ
servaton viii De- nlde % rejecting persons. The vast
population of New lork-the wealth and activity OF her
numerous mercantile body-ihe commercia, and hnan-
cia agents OF the whole non-iuy and satisfactorily
account for IT, without supposing among our citizens any
special tendencies 10 litigation.
/ Your Committee conceived that the principles and
policy laid down in the New Constitution ought to De
fairly snd fully carried into execution By the Leesla
tive and Judicial Departments OF the Government ara
m tee time that Judicial Organization should -
framed fully adequate 10 the wants OF our rapoly in.
crcasing population and commerce.
f.tt .h .fa hua NaxIf ~. IL gn
In making the attempt they found 10 Necessary 90 exam
inc ,resf variety Of questions
Tie important Judicial changes wrought by The New
Constitution are First the election Of 81 judicial of
Gers By the people, Ssc0ndy the abolition OF all Central
state Courts Of original Jurisdction-ihereby con-
frmng the determination Of controversies 70 The Dis
tric within which they arise and It0diy the pro-
hbihon Of Judicial perquisi,es.
The discontnusncc Of the Supreme Court and Court
Of Chsncery necessarily throw upon the Judges in
this District considerable amount OF business orr
gnatnr 10 those Courts, which will render necessary
some addition % our local force
The prohibition Of Judicial fees Is conceived 10 be sb
solute and unqualified in respect 10 this City slthoughit
admits of one exception IN the country towns II has
consequently become necessary provide salaries from
the City Treasury for all Judicial officers Of whsteyer
grade who may be retained after the fourth day 81 July
next except the Justices Of the Supreme Court.
Under tho exciting City organization, two Of the AZ
sissnt Justices Courts the Marine Court and the Sur
rogstel Court wholly maintained by tees and All
the Judges OF the Courts Of Record compensated for
their services IN greater or less degree by the same
means.
In view Of the extensive changes necessarily
Quent upon full obedience 10 the principles Of the Con
shurou, your Committee could discover satisfactory
method Of al listing the Local Courts the ezgences
Of the umes, except BY thorough Reorganization Of
them.
To this course they were invited by many cousldera
tons.
judges for The Supreme Court In this district must be
chosen ~ the method OF popular election, at an
early period. The Constitution cDoins universal
y In the application OF THE principle and although 70
subserve temporary convenience IL has permitted the
existing local tribunals 90 remain for limited time, IN
less previously removed by legislation IL manifest that
such legislation both desired and expected at the
earliest practicable period Your committee nave oeeh
unable 10 discover that any advantage would result from
Leaving the Courts now held by appointed judges 10
exuire with the commissions Of the incumbents. These
commissions win expire AZ different times and no ap-
pointments OF a successor can be made upon the exp
ration Of any one Of them. The vacancy, whenever
arising must be hled by an election. Therefore, TO
preserve the present local Courts during the brief
term allowed By the Constitution. must submit not /
only the incon guilty Of having Courts Of similar
grade, and Of 50 highly dssimlar an organization ex
sting side by side but must asO attempt 70 combine
la the Court, the systems Of election and appoint
ment.
However slight the objections TO the former might /
be thought the practical objections % the latter, seem
ed 10 your Committee 70 be insuperebe.
The Constitution provides that the Judges OF the /
Courts shall be classified that hat one Judge OF
any Court shall q ont OF Office at the time The
wisdom OF this provision is manifest u WI! prevent
great aud sudden changes In the Judiciary will pre-
any political parJy from aiming 81 the accomplish
meut Of such changes and vii work ont OF the altena'
tons Of party ascends ncy many benefits 10 our Judi
cia system
These benign results desirable % the City TO
the State 20 secure these must classify in accord
with the model furnished In the Constitution, the
Judges Dc elected for local courts aud that CLASH
hcaon be well effected unless the law organizing
the Court operates st the time and Al the outset
upon all the Judges of each Court
IL not perceived that any public interest would
be promoted BY posponng for brief period the regu'
lar and general operation Of the new policy and was
supposed that IN any event four or I'VE ne" Judges
must be Immediately elected II would be isirer toward
the present ncumbents open all the Judicial seats 10
competition at once than % give them the prNfs..o'
retaining the short residue Of their present teIs a.
/ sort Of invitation % abstain from ueccnl.Ds ''''
for election in the new Constitutional court - ot..
An examination OF the Statutes IN reiaiioh = UT ~
Courts enacted since lrl3 convinced your 'Oni'i'e'
% ,,oelior Court ~ is first establishment differed
from The Common Pleas in many PARTICULAR necessarl-
10 ressin7 10 division Of business well calculated 70
facilitate 10 prompt dispatch Bat those Courts nave
/ g-adua'iv spproximaied until their jurisdictOn and
Z bowers have become almost IDENTICAL and ~ this time
no one could discover from peElsal u the statutes any
advantage whatever IN their separate organization.
The statutes In relation . Al the City Courts, but
more especially 10 relation 70 tho Inferior Courts not OF
record have become tnconyenienty numerous and com
i plicsied.
I The County Jts.ices vet has been revised and
peiey remodelel four times since lelJ and at every
revision has been Eresy improved. During this long
period TIE Act establishing City Justices Courts has
Undergone no revision and although the Constitution
these Courts has been radically changed the requisite
corresponding changes IN their organic isw has not been
made
Influenced By Consideration Of these circumstances,
your Committee arrived at the conclusion before stated,
and consequently have proposed repeal Of oil the er'
sting laws In relation 70 the tribunals Of justice Ia tbs
City and submit 10 their revised code embracing
the whole subject in single Act Ia eiecting tnls %
Jet they ave studied the attainment OF much clear
and breyiiy practicable. They trust that ther
attempt a. the latter viii be pronounced failure
when Il "a observed that four out Of the forysx psses
Of their work occupied with the the tiles OF he'
proposed 20 be repealed 81,
7 By the plan Of your Committee the City Courts WI
consist OF the Supreme District Court with four or hTe
/ Judges; a Superior Court q Law with ave Judges
Court Of Comm % Pleas with three Judges surrogate
and Recorder heretofore and such number oil Ponce
Orcers and inferior Civil Courts corresponding 70 our
present Assistant Justices Courts the Common Coun
eli may from time time direct. The Marine Court 70
/ De Abolished Dated Feb. II, lsf7
! JOHN DUER JOHN sLO5sON
CT OCOSOR JOHN BlGELOW.
! IONA MILLER, EDW. sANDFOhD-
JOS. L. WHITE J. PRESCOTT HALL,
E p HrRLBrT :. B. CUTTING
THEO SEDGwIcK, JAS. T. BRADY.
The Report signed by the whole of the Com