New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-04-06


place me in false position. II | were the only
member OF the Assembly whose motives are ques
toned by your spondents this the first
time they have misrepresented my acts and motives
would not complain.
When the Senate BIZ for appointing Commissioners
of the Code and Commissioners on Practice and Plead
ngs under consideration in the Assembly made a
motion to amend the eighth section 60 that It would
read as follows:
sin pursuance Of the twenty fourth section OF the SIKH
article Of The Constitution, Arphaxed LOOMS, Nicholas
Ill., Jr and David Graham are hereby appointed Commis.
siOners practice and pieedngs whose duty IL shall be
TO revise, reform simplify and abrdge the rules aud prsc.
ce plesdngs forms and proceedings Of the Courts Of
cord OF this State and thereon the Legislature
subject 10 their adoption and modification from time
time.D
That part OF the section, as propose to amend IT,
which declares the duty Of the Commissioners on Prac-
tee and Pesdngs in the very words of the Path sec
ton of the Sixth Article of the Constitution. In the
few remarks that made in favor Of this amendment
contended that the Constitution had specifically pre-.
scribed the duties Of these Commissioners and tbshe
Legislature had not the power to change them placed
my proposition distinctly and exclusively this cons
tutona ground and distinctly and pointedly stated
that in favor of thorough radical reform in the
practice and pleadiDgs in Courts of Record aud for
equitable suits; and that did not doubt but what the
Commissioners would make all the reforms which the
wants of society and interests of the people demanded
Earth er stated that the Commissioners would take an
oath TO support the Constitution, and that they would
probably disregard any law which the Legislature should
enact in conflict with that instrument
referred to the debates in the late Constitutional Con
venon and showed thereby that the part of the section
in the Senate bill which my amendment would strike
out proposed in that body amendment the said
oath section of the Sixth Article Of the Constitution and
al Nrgfa nf to
that the said section OF the Constitution then adopt
ed by vote of GA ayes to 6 also stated that the
Commissioners should have the untrammeled right 10
exercise the discretion vested in them by the Consttu
on and that the Legislature to whom they shall report
their proceedings would decide whether they had pro-
perry discharged their duties and that this
ought not 10 distrust them in advance.
also stated the why had not proposed more
changes from the old practice in the bill which intro
duced concerning County Courts, because had not
time to mature a bill for carrying such provisions
into effect and that it would be the duty Of the Com.
mee Practice and Pleadngs to frame such bill for
the consideration Of the next Legislature. did not
slider myself competent for the performance OF so i'm
portant duty especially In case the act If adopted
to be considered permanent statute. stated in the
same discussion if some other Member would introduce
better bill than my own would most cheerfuly vote
for it
Now, Sir, submit whether your correspondents have
done me injustice They have also misrepresented
other members, but such have been misrepresened
can and will probably speak for themselves They need
no defence at my hands When | 10 Albany in
January last the friend of Mr. Mackenzie, because
| believed ne was persecuted. then supposed he was
honest man and an impartial correspondent ! will
not say that my opinion the opinions Of any other
members In regard to him have changed but must be
permitted to express the hope that hereafter bis
ncaons may contain correct reports OF the proceed
ngs in the Assembly. will not complain OF any strc-
lures censures OF being called fool or knaye,
of being accused Of making unsound, silly ridicu
ous propositions and speeches so long your cores
pondent will fully and fairly state my positions do not
wish TO abrdge the liberty of the press or TO deprive
your correspondents Of the largest liberty in the OF
truth sarcasm or ridicule-but ! protest for all
or shall not hereafter attempt to reute any of their
sanders) against misrepresentation, whether II be by the
suppression of Truth the suggestion of fasehood.
Respectfully, your 0bd't servt
RANSOM BALLOON.
Remarks.
t>Y- Mr. Balcom is young man now in public
life for the first time and does not appear to take
criticism so easy as he will when more used to it.
We have looked carefully at all our correspondent
said with regard to him in The Tribune of the Jlst
ult after reading bis complaints thereof, and can
not see any ground for the charge OF untairness
or misrepre sentation. The Senate had engraiied
by a vote of about two to one on the bill appoint
ing three Revisers Of Legal Practice clause re-
quiring abolition Of the present forms oil Practiee
and the adoption of uniform modes of proceeding
alike in Law and 1quity-a provision which we
and our correspondent, with nearly or quite all
steadfast and earnest Legal Reformers, consider
very important, very beneficent, and rey 'cell-
timed Mr.. Balloon, we regret to see, took the OPP
posite view, and endeavored TO have the clause
stricken out for reasons set forth at length in his
letter above, and which of course are conclusive to
his mind, though very far from it to ours. They
were stated quite briefly but not unfairly by orr
correspondent in due season.
Concede to Mr.. Bacom's objections the utmost
force that can be claimed for them-say that the
Legislature cannot authoritatively direct the Com
missioners of its choice in regard to the changes
they are to make in our forms of ega Practce-and
what of it The clause of which Mr.. Balloon moved
the striking out regarded merely advisory or sug
gestive from the body which must ultimately adopt
and enact or disapprove and reject whatever the
Commissioners may propose, would necessarily nave
greatweight with those Commissioners, who II they
should see fit to dsobey it, would be very GER
tain not to do SO without assigning reasons there
for The question in hand does not at all turn on the
right fthe Legislature to bind the Commissioners
of its choice the Commissioners themselves would
look to that---but the immediate question IS this
Shall those who legally represent the People In
choosing three Revisers Of the Legal Practice
distinctly and emphatically inform those Revisers
that a very thorough and radical Reform is ex'
'pected at their hands ? We say. Yes the public
voice, the public sufierings, demand this and we
deeply regret that any friend of Legal Reform
should have viewed the matter in different light
If there be any one at Albany or elsewhere who
does not yet understand that The Tribune IS very
much in earnest about this matter Of Law Reform,
utterly disnclined to sacrifice it to either Political
or personal considerations and inie dissatisfied at
the choice by the Legislature Of very recent con
verts, if converts they be- to thorough Reform IN
stead Of early and well known champions thereof
to compose a majority OF the two great Commits
sions we beg them to understand so much hereai'
ter and save needless repetitions. I'd. Trio.
From Pensacola.
Correspondence of the Picsyune.
PENSACOLA March 25, l947
The L. s. sloop -of.war Decatur arrived at TINS
nor, Yesterday after very bosterous passage OF TWEEN
tv-four DAYS from Norfolk. Owing 10 the miserable
manner in which her had been payed, the ship
isLad an baalv that In became lew days out