New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-07-03
An Elective Judiciary-How will 1t Work

An Elective Judicinry-How will IL Work '
The great experiment Of the year has been tried
the people have voted for their Judges-we have
nec Judiciary IN Office with It's powers greatly
iocressed--and prudent, rejecting men, whether
friendly % spch change or adverse, beginning
70 asa each other. very earnestly. relative % the
sysfcn about % be put in operation " How WILL
At WORT ?"
Perhaps the success Of the new plan will in part,
depend on sbe course to be taken BY the Commits
sioners Of Codi6cston, on Reform in the practice
81 the Legal Tribunals and the action Of the pre-
and next Legislature, in relation 70 the ques
ticn Of law reform generally.
Ia September next the present Legislature will
reassemble at Albany and being somewhat sppre-
hensive that il may be inclined 10 mix up all future
iodical elections with the yearly political contests
in November we intend 10 review the recent pro
eecdiDgs at some length, in connection with our
general advocacy ola government Of equal laws
The question. How viii! thenew system work can
only be completely answered after giving strict
attention % material facts as they arse, IN The
c6u-sc 81 To earlier operations We cannot know
tLat the Court OF Appeals will be blocked up by
Ie1ons n suitors, unable % get even tardy justice
iAongh we may suppose that as constituted II
cannot be Otherwise.
Willie the Constitutional Convention were con
siderine. last August whether to recommend On
Eioctive Judiciary or the old plan, Mr. Murphy OF
Kings, presented four petitions affirming that
lie confidence Of he peopeia, and their hab'fn0t ooe-
depce TO- the decrees Of The Courts, tcH be impaired
= and ENDANGERED by" adopting the eleatre principle
His colleague. Mr. Bergen. who advocated tenure
.s g r. Ii. t,t~
petition declaring that great portion Of our PEG
pie had become thoroughly Disguised with the
present mode OF appointment and, believing that
NO worse Judges be elected by the People than,
bvfhc present system, have been appointed by the
Governor and senate they hoped that the Conven-
ton would entrust 70 the People the selection Of
lheir judicial officers
Tho memorials on both sides were respectfully
siened--the Convention went for the extension ci
the elective prDcipe--it voted Tor 81 Supreme
Court Judges each Judge 10 be chosen in r Senate
District where the people would generally know
the character Of the candidate they supported
next dav IL changed its mind and decided that the
State should DO divided into eight districts each
of.which should choose four Judges. This latter
scheme giving the people an apparent power
ma In the case Of the old hold Senates and pre-
venting its most prudent exercise by reason of the
enormous extent Of the territory to be united in
each voting district The people had asked for sin
Gle Senate Districts that they might have the cleo
ton Of their Legislators more directly under the
control Of public opinou--and the Convention which
agreed to thar reversed the practice with reference
70 tho Supreme Court Justices. il the principle
involved had been different.
q i'm, I.f IN fha eureggliuu arielo.
tufo The division of,bc State into Judicial Districts.
which occasioned much trouble and delay, and may
have caused suspicion where perhaps It was
uodescred. it being supposed that some Of the
most prominent members of the Legislature would
be candidates in these districts.
MIR Murphy was opposed to an elective judiciary
altogether, but when Mr.. Brown of Orange, DIR.
Taylor of Onondsga. aud Mr.. stetson OF Clinton,
came out ior an entire PARTY Judiciary to be nom
mated by central junto Of party politicians, and
every elcctor the State to vote for the % whom
that unto might dctate-Whigs for the Wing
ticket and Locos for a like number to be duly pre-
scribed by their political doctors, in oonclave as
scmbled not one thousand among the half million
electors Of the State however knowing ten, or even
i've on, OF lhc thirtytwo thus TO be voted lorevon
Mr Murphy declared he could not swallow THAT
dose and be- frankly admittedthat ifthe Convention
really intended that THE PEOPLE should exercise
direct influence in The matter the the election
we're brought To their doors the better they would he
ae To fulfil the important duty thus be assigned TO
ihem Mr. stow took the same ground
To our surprise and great satisfaction and perhaps to
Mr Murphy's own establishment his plain proposition
was heartily concurred In 80 to i9boih his colleagues
bling in the Affirmative.
A. Mn. ,hv
nents Of tho single district system applied to Senators
Tor two years-n September they seemed ready 10 sup
port IT, applied Judges for eight years B tAsr
-oiioa oarrioa>
The next step was to revcrset
Mr. LOOMS went with Mr. Brown, for ticket OF ~
By each party and the people to have Hobsons choice
''tSs or none )" but majority would not support
thai he would 20 possible and he voted for
the I'D large districts of Counties each He has
since es,n msde Commissioner to amend the Lave al
sOOJ year. Mr Hoffman liked single districts worst
ssp and the general ticket best he has $1,000 year
In he Customs. Mr. Nurpbys colleague Bergen be
came iaris,bs whom the vote tssen-hs other col
league. swackhamer Of the Customs voted recon
sdor. aud then not 20 reverse
single Judicial Districts abandoned and The sc
eclons of ncambents under the system thai was pre-
tctrc5 are known TO the public.
Ia this City, the legal practitioners met aissisei
body, in the vice-Chsncellor's Courtroom, and, well
Knowing ,hr peculiar relation to the Judiciary IS Off
Ger. OF the Courts dictated to the people the Judicial OF
hccrs tor the District and John w. Edmonds l.. II Sand
ford Thomas Oakley, NJ Ui.hoefer, d. P. lngrshsm'
G. P Daily aud John Mekeon, Judges and District At
,ornsy uadsr the old sysem were adopted by the
sgcrs at rsHimany respPonted by the popular
t q their suggestion
Thus Tar there nc change.
TsmmAny, however. ventarei 70 place on its ticket
a z Edwards and T. T. iIarlbut ard this change
Cor The better MI hurlou, published book sometime
SIEGE entitled Essays Human Rights in which
there great deal OF voa Democracy. Tie ably sdv0
Gates the rights Of women snd decides review of the
Arguments pro and con- that the ladies ought to have
the power 10 vote st ali our political elections The
turn OF such to the supreme Cour, bench from
such City As Nsw-York. 10 remarkable fact In the
history OF the nmes-
Many Judicial officers chosen In addition those Of
the City are mea whom Governors and Sensses bad
previously selected tor slmasr ethecs
In the Supreme Court VIA. + McCoun 10 the old io-