The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-01-06
TELE C r A PHO.
The First Message
Ills EXCELLENCY,
10 III YOUN
TO THE
NEW YORK LEGISLATuRE

~ N ~ ~ ~ ~ u,
TO THE
NEW YORK LHaIsxATURE.
To the Senate and Assembly
The Constitution, under which YOU are assemblsd
provides that the Governor shell communicate by mes
sage to the Legislature at every session the condition Of
shall Judge expedient and am most happy that am
permitted to make my first communication to you at
recent changes in the frame work of our government
impose new and important duties upon the Legislature
the present Constitution freely admit that it contains
some affirmative provisions to which could not have
eeons hut %o.t m oseh the
spirit the age and command only the assent but the
admiration OF vast majority ofhe electors of State
Under our former constitution our elections were embt.
tered and not unfrequenty perverted by consdera
ton that upon the election Of officer often depen led
greatly mgated, indeed can scarcely be said TO exist
under the present constitution Tho people, by reserv
ing the power Of choosing directly their Ulcers
far az it was believed to be practicable and by provinc
for elections most in small and districts
for office may fully known and nv tha cleo
tors, have left little undone that to render
Some apprehension has been felt and express ID y wise
and pure men in regard to the election Of judicial Off
rience of a few years will remove all such apprehen
sions Any appointing power other than the people
may be either corrupted subjected unnecessarily 10
interested and pernicous influences see with the
people, If they to-day they will correct the error TO-
morrow: Such legislation may be necessary to or
siderstien The Court for the Correction of Errors
to exist the close of the year and the
July next During this interval there will be no tribu
nal to review the decisions Of the Supreme Court and
competency to provide for the Of
such decisions by the Court Of Appeals after shall
the st day Of Xpr and the rs a 20 ecu
Early legislative action, dividing the into districts
election TO be mpersvey demanse S' Th
ton thi X should be held as early practicable by
fixing upcn an early day April The convenience
will be given to those who may be elected to the Office
Of Judge to prepare for the discharge of their new and
the organization of the judiciary, require great Ia.
Dor and care and the of the system NAV DEPEND
very much upon the wisdom Of your legislation in this
regard; d. ,.,h ..o,;o, >, ;, s.,
you are to provide for the appointment of three
simplify, and abridgs the rules and practice peadings
eedogs the courts Of record this state
and 20 report to the Legislature subject their
adoption and modification from tune to time If we ex
cept such laws as must relate TO the election of Judges
feet the provisions Of the constitution in respect to the
Jusicary is within the scope Of the authority ofhi
the Legislature hts early creation as il doubt
less will be. OF able, Industrious and energetic men,
must exert favorable influence upon this branch of le
gislation, aud relieve you from much labor
This Recommendation, however, does not 20 upon
the assumption that the Commissioners, thus be ap-
pointed will be men OF superior ability to the members
esch branch of the Legislature; it rests upon the fact
that the Commissioners will consist Of three, and only
three men, who will be devoted to the consideration OF
single subject The third section of the 9Th article of
tho Constitution, declares that there shall be
court, having general jurisdiction in law and equity
Practically, however, this Suprer.e Court NAV be re-
garded as consisting OF eight courts of urs.
making final orders and DEGREES subject to be reyswea
only by the Court Of Appeals dictate of common
sense and is verified BY the experience observation
Tho rvptNv. IF
equity jurisdiction in the person. tends to great
barrassment ard delay, and seems to preclude
the sciences necessary to constitute q good
Judge !, therefore, respectfully recommend to
jurisdictions may not in practice be- in good e dee
gree separated The Constitution provides that the
n%ony IN equity shall be taken in like
az law. law the testimony is taken by the Circuit
Judge at the Circuit who decides all questions arising
the premises oihS trial and the verdict Of Jury
tuition without the Intervention of jury is conclusive
upon the PARTIES unless appeal shall be taken to the
take the testimony and di not the famers Of tbs Con-
stituon intend that the Judge who should take the est
mony, and have the advantage Of seeing and heaing
the Witnesses should decide the causes suhe
to be reviewed on appeal to the four judges In thi.
ton 9Th of the 9th article of the Constitution which Is in
the following words-"The Legislature shall have the
same power alter and amend the jurisdiction and pro-
ceedings in law and equity that they have heretofore
possessed" The Legislatures have heretofore exercised
the power Of creating Vice Chanccllors and Assistant
|
Circuit Judges the authority to make final decisions in
cases OF equity If you possess the authority recon.
mend to you to provide by law that the Judges in each
district shall designate Of their number who shall
held special terms in equity in each county the district
ana near and decide all causes ready for hearing there
IN with power to summon jurors, to try issues ordered
be tried by jurors leaving to the other three judges the
discharge Of most Of the duties arising at law
The power to fix the compensation Of the Justices OF the
Court OF Appeals and Of the Supreme Court has been left
by the Convention to you The Wise exercise of this
power is In my judgment important the success
and character of the Judiciary that cannot omit to re-
commend that provision be made for just and
these Courts withdraw from ali other business tran
sacons and devote themselves exclusively to the duties
Of the place This is demanded not only by the labors
DC Performed but by the sacred character of the Office
It will not be forgotten that these are elections for the
short term of eight years, when the Judge leaves the
connections-in this he will rarely be successful
The passes from the bench to any other business
persons may be found to occupy the benches Of
Judges but they will either be persons without business
whose pc uniary condition is such that thew will " be-
wholly regardless of compensation Our character as
state Is in nothing more involved man in the character of
not to desire to SEQ their Judges fairly
have very little apprehension, that their representa-
me, that tax oil dollar upon each suit brought in
the supreme Court, be paid into the treasury op
piled to the payment in whole or in part Of the
Judges of that court might not be insppr opriate
In 1896. the Legislature authorized the construction Of
the Genesee valley end Black river canals and the
at once entered upon the work. Many of our
citizens the labor of construction progressed re.
garded the policy of the State settled in respect to
these improvements changed their business
and made investments depending entirely for success
upon the completion of these works and respectfully
submit that good faith orbids their abandonment How far
the State would derive revenue from these canals If
completed. both direct and Indirect after that can
not be discussed within the limits that have prescr
Tor this communication. 1t Is, however proper sub
for legislative but think its action should
not be controlled by considerations relating
alone ulary applicable TO works in part
and where the expenditure this case has already
be en- large especially you add to all this the fact
o. lore stated that good faith will not ermt the State to
Jung the enlargement of the Erie canal Is matter
a. out which there SCARCELY said to be any
g. 'ersity OF opnion-the products the gre II w est
annually augmenting to an extent almost in, redibe
mn, mun seek market through other channels unless
early day any arrangement based upop an estj
mate oil the amount to be Trans and the capacv of