New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-01-06
GOV. XOUNG'S
FIRST
ANNU AL M T. ; : AG T.
ATI2 O'CLOCK YESTERDAY,
To the Legislature of New.York,
Al the CnpitoI i'm the City Of Albany.

graphic Writers at Albany, and Messrs. WOODS
readers in the NewYork oficc-using two wires
and two Registers at New.York and Albany.
To he Senate and assembly,:
FELLOW CrrizESs-1he Constitution under which
you are assembled provides that the Governor sha
communicate by Message TO the Legislature at every
session the condition OF the State and recommend such
matters 10 them az he shall Judge expedient and am
most happy tina, permitted 10 make my bret com
muncston 10 you at period SO interesting IN inc MS
tory Of the state
The reccn, changes in the framework of our Govern
nent impose and important duties upon the Legs
laiure II but reasonable to expect that you VIII nno
defects in the present Constitution. freely admit mat
1t contains affirmative provisions to when could
not have given my had they been separately sub
tted 10 the People but most OF its great leading lea
breathe the spirit Of the age, and command not on
y the assent but the admiration oil vast majority OF
the Electors Of the state Under our former Consutu
ton our Elections were embi,tered and not uniroqucnt
y perverted by the consideration that upon tue ecc
ton Of one officer often depended the political ADVANCE
nent Of thousands This evil il greatly mitlgated 10
deed il can scarcely be said exist under the present
Constitution The People, by reserying the power Oh
choosing directly their own oicers SO lar as u "as De
eyed TO be practicable and by providing Tor elecuohsl
most instances small and convenient districts so Ina
the character and qualifications OF candidates or once
may be fully known and appreciated by the tecto, naVe
left little undone that torender our elecuons
fair xpression OF the will OF Electors some spprehen
has been felt and expressed by wise and pure men
ia regard 10 the election of Judicial officers, but iee
few wears will remove all such spprehensions-any ap
pointing power other than the people may be etheI cor
ruptve subjected unconscously TO interested ana per
nicous influences see with the People they err TO-
day they will correct the error TO morrow sucn legls
lston may be necessary to organize the JUDICIARY
will claim at your hands early consideration
The Court the Correction OF Errors ceased 10 exist
al the cose of the last year and the new Court OF Ap
peals cannot be organized until hrst OF July next.
During this interval there will be no tribunal 10 review
the decisions OF the Supreme Court and the Court OF
] hut ia
the Legislature provide for the review OF such decs
ions by the Court Of Appeals after shall be
az election of the judiciary is TO occur between Inc
first day of April and the first day OF July.
Early legislative action dividing the state into Dis
trics and providing every respect for this most I'm
portsnt election seems to be imperativey demanded
This election think should be held early practi-
cable by liking upon an early day in April The conye
nience OF the electors will probably be hst consulted
and time will be given TO those who may be elected 10
the Office of Judge prepare for the discharge oil their
/ new and highly responsible duties. The cnactments
necessary the organization Of the Judiciary must re-
qure great labor and and the process OF the system
may depend very much upon the WISDOM OF your less-
| laton in this regard. .
ton you required TO provide for the appointment oil
three Commissioners whose duty It shall be TO revise
reform simplify and abridge the rules and practice.
peadnrs forms and proceedings of the Courts OF fecord
of this State and 10 report thereon to the Legislature
subject TO their adoption and modihcaon from Tune 10
time II except such laws must relate to the cleo
ton of judge nearly the entire legislation necessary to
carry into effect the provisions OF the Constitution III
respect the Judiciary IL within the scope oil ns auho
ty of this commission and while its action Will be mere
y advisory 10 the Legislature its early creation com
posed as Il doubtless will be of able industrious ana en-
rrgeuc must exert ieyoi able influence upon tns
branch of legislation and relieve you from much labor
This recommendation however, does not 60 upon The
assumption that the Commissioners thus TO be appoint
| ed will be OF superior ability to the members oi
each branch OF the Legislature It rests upon the Tact
that the commission will consist of three and only three
who will be devoted to the consideration OF single
subject The third section of the 9th article OF the Con
sututon declares that there shall be Supreme Court
having gener jurisdiction law equity" Practical
however this Supreme Court may be regarded as con
sstng Of eight courts OF concurrent jurisdiction Three
counts capable respectively OF making hnai orders
and DEGREES subject to be reviewed only by the Cour
OF Appeals II is dictate OF common sense and vcri
fed by the experience observation Of almost every
man. that the union OF common law and equity jursdc
ton in the person tends great embarrassment
and delay and seems to preclude the acquisition OF hs
knowledge either Of the sciences necessary TO const
tute good Judge. therefore respectfully recommend
to your consideration the inquiry whether those urs
dctions not in practice in good degree be scpar
sted the Constitution provides that the testimony IN
Equity shall be taken in like manner in cases al
Law. At Law the testimony is taken by the Circuit
Judge at the Circuit who decides all questions arising
the premises OF the trial and the verdict OF the Jury
the decision of the Judge under the present Consutu
ton without the Intervention OF Jury Is conclusive
upon the parties unless appeal ehs be taken u The
Court in bench. In Equity, then single Judge Is to
take the testimony and did not the trainers OF the Con
stuon intend that the Judge who shvud take TOE tes
mony and have the advantage OF seeing and hearing the
witnesses should decide the cause subject OF course to
be reviewed appeal to the four Judges IN this con
nexon Allow me 10 call your attention TO section ath
OF the 9th article OF the Constitution which IN the io
lowing words
T6e Legislature shall have the power 10 alter and
amend the Jurisdiction and proceedings In law and equity
they heretofore possessed The Legislature have
heretofore exercised The power OF creating Vice Chanee
and Assistant Vice Chanceors, and OF conef'ng upon
them, and upon Circuit Judges esathoy TO make hn
decisions IN cases OF equity
the auth rtfX rPeQ upuC u
provide by law that the Judges in each district shall de
sgnate OF their number who shall hold special term.
in equity in each county in the district and hear and
decide all causes ready Tor hearing therein with power
to summon Jurors ~ try issues ordered 10 se tired by
Jurors leaving TO the other three Judges the discharge
of most of the duties arising at common law.
The power 10 ny the compensation of the Justices o.
the Court oi Appeals and of the supreme Court hs
been len by the Convention 10 YOU The wise exercise
OF this power Is in my Judgment 50 important to the
success end character OF the Judiciary, that csnno
omit to recommend that provision be made Tor just an'
rcmunerstivc compensation 10 these ofhcers Justice
OF one of these Courts withdraw from all other bu
sness transactions and devote himself sey tn,
duties OF the place This is demanded not only by The
lsbors TO De performed but by the sacred character
the Office Il will be forgotten that these cleo
for the short OF eight years when the Judg,
leaves the Bench 10 form attempt 10 iorm new busi
connections In this he will rarely be successful
The passes from the Bench to any other business
exceedingly difficult With small salaries persons may
be found TO occupy the Benches OF Judges but they vii
either be persons without business and without the ca
paclty 20 transact business or men whose pccuniA
condition Is such that they will he wholly regardless o.
compensation. Our character as State is in Dolhn-
involved thsn in the character OF our judiciary
The people OF the State generous not TO desire
their Judges fairly compensated and have very
little apprehension that their Representatives viii dis
regard their wishes IL has occurred to me that tax o.
one dollar upon each suit brought in the Supreme Cour
TO be paid into the Treasury aud applied TO the Psymen
in whole In part to the Judges Of that Cout might
not be inappropriate
In 1886 the Legislature authorized the construction o.
the enesee Valley and Black River Canals and the STATE
at entered upon the work. Many OF our citizens
the labor OF construction progressed regarded INT
policy OF the State settled IN respect 10 these improve
meus changed their business transactions and made
investments depending entirely Tor success upon The
completion OF these works. and | respectfully submit
that good faith forbids their Abandonment How far the
state would derive from these Canals, com
pleted both direct and indirect Is matter that cannot
be discussed within the limits that have prescribed for
this alton II is however proper subject oI
Legislative deber alton but think its action should not
be controlled by consider sons relating to alone
particularly applicable to works in part constructed
and where the expenditure in this sse has alTea dy
been large especially II you add 10 all this the fact
before stated that good faith will not permit the state to
leave these works unfinished. The pfoprety loi com