New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-05-28
Our City Judges.
To tie Editor Of TL Tribsass

To tie Editor Of The TribsHs;
Several articles lately published In your jonrnn
indicate, that there are some who take an lntere"
in our approaching Judicial Election il was Tear
ed by many wise and good men that an Election OF
Judges BY the People woad result in the choice Of
men unfit for that high station that, in the excite
rns, of Marty poitics m-n uhou; character or learn
Ing voud by means Of party machinery succeed in pro-
cptng their election Thu. far excitement Whatever
has been NANTES; upon this subject excep, very
small ,smpes, in very small tea pot in corner Of
N, City Hail The People and the Bar seem inclined to
le, this election go BY default They seem willing 70
permit any unauthorized clique TO nominate such men
as they see IT. Thi. ought not TO be- Good men must
be nominated or they will be elected Those men
Of both parties who have regard Tor the welfare Of me
community-ought TO come forward ard lend iheif &C
tive celebration in securing the nomination Of men Of
lss,r,g integrity and ability The character acquire-
peus snd past conduct Of the candidates ior inc su
ris =. for other otces ought 70 0e oseussso tu-' s
People mar vote understandingy Ihis olsous'lSu
ought 70 b. bold and fearless. Inc conouc' OF me
LADIES' ought TO BE- brought mere directly under
N. eve of the community. The pracnce OF nkns
e.. D. such an fnordnate extent has very justly oroun
upon the Bench much Odiun. especiAy 10 Wls my 10
- 90 sx,snt had this evil obtained that 10 was con-
sidered necessary Insert provision In the Consutu'
ZION uoon this subject This evil 10 IN measure cured
But there are other evils OF much greater mashituoe
f xbich the Constitution and the laws nave prOViden
nor,nedv No man can properly discharge the duuesoi
Judge who ceases study and who loses al ntelest
in tb rogress Of Jurdica Science the moment re taxes
sesl.pon the bench No man i M Tor mat nen once
who has not just appreciation Of the ouues ana
respopsibites Of biz stsuOn-who has not some htIe
kn6vledge of law beyond the cases cited by counsel
and who has not slight desire 10 make himself ac'
osn,s6 with the great principles OF Jurisprudence.
No man should be elected to that oEce Eho cannot
selfsustsined stand erect before bis ielo" Keep
himself clear from small cques and discharge hs ouy
faithfully and fesressy. without preudce ana "ltnout
nar,alty No man ought have seat upon the Bench
who regards the Judicial Office solely - means OF CD
tanning livelihood, or as source oil gain me ony
safeguard against the election OF such men - " inc "
telligence OF the people
To the Bar this IL matter OF the highest importance
There has been and much clamor against ths pro
fessou The members OF the Bar do not now hold that
place in the public regard which their predecessors
formerly occupied 10 the days OF Kent and spencer
the lawyer held in high estimation ana u Was con
.idered an honor 70 belong 10 the profession justice
was then dispensed By Of learning and integrity
me, ubo devoted their lives 20 the comprehension and
calculation of the great principles OF Jurisprudence and
their application to cxigencies OF society WIN
weak ignorant, lazy aud stupid Judge upon the Deneh
the administration of justice viii never be resp cted ana
s ministers will never be respected Win such Judge
the labor Of trying causes-ihe delay yex7uon eSPsns
and the uncertainty Of The resultare Increased noio
and the members Of the Bar subjected 10 undeserNra
diurn To the Bar then u is simportant that able,
learned and uprgb should be selected 10 MI these
important Offices The public mind seems 10 move slO"J
upon this subject and even the Profession seem AZ loss
how 10 act uuon this occasion. They seem 10 think
either thar there necessity Tor Judicial Reform
or that Judicial Reform means The election Of me REQ
pie Of those who have heretofore been appointed Dy Tue
Governor IL lie 10 be hoped II mesns something more
The question ought be put By the Profession and II
ought 20 be put by the community At large snd answer
cd under.tandingy Whether those men who by Their
raDacity for fees have brought the administration Of Jus
ice into contempt and unmerited reproaeh upon the
Profession are the most likely 10 administer JUS
ice fair and inparsyi IL ought u he asked and IN.
syered Whether those who have heretofore perverted
the forms Of Law into means OF private gain VIII here
sGer faithfully administer the laws without lear favor or
affection II fact pub, and notorious mat the prac
tce of exaciing fees by Judges had become great ev
that amounted almost 81 oppression Hnd nowhere od
h svs,e, flourish with 20 much ygOrss in this City. IL
s in fact needless 70 assert that the provision IN the
Constitution upon this subject ned - origin IN m" IN
dienalon which this practice excited among the fros
sion and the community in This Cry. But as before
stated this subject Of Fees after all ono OF minor I'M
portance .-.. ....,,u. .. :.
ssked and answered: Why l. II that IN the Commercial
Metropolis Of the Western Continent whore questions
of gre. magnitude and importance ara OF every YAe.
~ and description daily decided by our courts mat
these decisions SIRE not reported and pubishr II u
alleged and with reason, that the City OF Ne~-1ork
ought to have one rnemDer stleas Ia the Court OF APP
peas who is familiar With the principles al commercial
Law, snd their application to ine grsI commercial IN
tarests Of this Ciiy. We have had two Common Law
Courts of concurrent iasdct0n in the City ana Coun-
v Of New York. with tins supreme Court drclolng CON-
mercial questions time out Of mind and we have no
publishsd reports their decisions except couple OF
strapeling volumes why have not their decisions been
r.pored for the benefit OF the profession and the com
muni,yl IL II because they have not been 10Th
rsportingl IL il for the members OF the BAR Ia
cav whether they will lend their I'D 10 piace men
upon the Bench who 90 not regard the Judicial sta-
ton as imposing upon them any puOhc duty out rAher
az private Office which they hold and ENJOY Tor urlr
own privete ernoumens who have not the slightest re-
gard Dr the honor Of the Bench the Bar who care
nothing for the progress of Judc. science, and desire
only sufficient knowledge Of Law 20 be able 10 conceal
their ignorance--men OF great promise aud little per
formsnce-men eaten up with laziness and selhshnes'
men contented to live upon past reputation however
acquired and men contented to live without reputa
tion 40 that they live sumptuousy. the Bar OF thls
CRY are willing share the odium which such judi
ciary must necessarily bring upon the professions 1t they
are willing To see the Profession sink still lower and lose
the little estimation it enoys-thsr right to DO so
+ cannot be disputed
But the People have right 10 say whether they will
bear the increased expense delay vexsion and uncer
tain,y in the administration Of justice which an uniath
fu and incompetent Judiciary necessarily entails upon
/ them.
Ii need not be stated that the foregoing reflections do
not apply with equal force 20 all VINO hold Judicial OF
fees in our City Courts Very far from H. There are
men of learning ability and moral worth upon the
benches of our Municipal Courts who have kept the
ermne pure and unspotted and discharged their duty
faithfully and fearessly VIII not the People discrmin
ate and justice 10 themselves by eSecuung II on
/ otherst Yours. LEX.