The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-04-23


Justices, The law creating them 10 supposed,
BY many eminent counsel, who have been con-
suited, to be wholly unconstitutional. Among the
grounds assigned, is this-that by the 18th Sec
ton of Art Of the Constitution, it is enacted
that "no private or local bill which may be pass
ed by the Legislature, shall embrace more than
one subject, and that shall be expressed in the
title" The act under which the Justices were
elected is local act and Is entitled, Sin relation
to Justices and Police Courts in the city of New
York"
1t is contended by those who pronounce the
act unconstitutional that, first, it embraces more
than one subject, and if this was not valid OBJ
lection, that, secondly, its subject matters are
not set forth in its tltle-that the very title pur
ports it to contain at least two subjects, viz -
LIST. Justices Courts I'd, Police Courts and
that the act does, however, contain even more
than two subject matters, viz: lst 1t establishes
in the city of New York six new courts, called
" Justices Courts" and provides for the cleo
ton of its justices, and Tor the mode of compen-
sating the justices and the clerks, and of the
election of its clerks.
I'd. 1t abolishes Assistant Justices Courts,
and the Offices of Assistant Justices and their
clerks.
3D.. BY its title it provides for the creation of
"Police Courts" courts not then in existence,
and abolshes the office of especial Justice for
preserving the Peace" and "Clerks of Police"
These Special Justices held no court, but sat SIM
ply as magistrates, to arrest to hold to bail, and
to commit for trial; and the Justices, by this
law, are to take the place and perform the duties
of "the Special Justices for preserving the
Peace" This does not give them power to sit
as a " Police Court - that the title purports
to create, what in fact cannot be found in the
act, viz: "Police Courts.'
4th. 1t provides for the manner of compen-
sating the Justices of the Marine Court there
is nothing in the title about the Marine Court,
and that is distinctive substantive matter from
the other matters contained in the act.
There are numerous other reasons given why
the act is unconstitutional. We may set them
forth hereafter. This shows the folly of Legis-
lature being guided by few unfedged law
yers, aspirants for situations to be created
by the act they are lobbying for; and hur.
rying law through with such hot haste, that it
Is not only filled with absurdities, but in many
places with shocking bad grammar; such as
"there shall be elected in each district one
Police Justice, who shall hold their office for
four years, and shall enter on their duties,''
SC SC.
Under this state ofthlngs, the Assistant Justices
have mad up their minds hold on to their places,
and the new Justices intend also to hold Court
Now, who suffers by this? Why, the suitors who
bring their suits in these Courts for If it turns
out that these Courts are not properly in exis-
tence, the judgments recovered will be worth
less and all the parties suing will be trespassers
This state of things would give quite harvest
to the Justices of the Marine Court, which re-
mains untouched; but unfortunately, for the JUS
tees, they enter on salary; so they will have
all the work to perform without the consolation
of knowing the harder they labor the more they
get paid. The Assistant Justices have been IN
the habit of attending to most of the applications
for dispossessing tenants. This proceeding is
of too delicate a nature to trust to chance, and
we suppose the Marine Court will have to do
nearly all this business until the Supreme Court
decides upon the validity of the Justices and
Assistant Justices Courts.
LATER FROM NEW GRANADA-The arrival of
the schooner China, Samaria, from Santa Marta,
has placed US in possession of news from that
Congress was in session at that city, and the
debates in it had been on quite interesting topics.
The new project for promoting immi grafton from
Europe and this country, had cen under discus
sion, and had been rejected by the House of
Representatives. This project had been pub
lished in this country, and it was thought here
that it would be favorable thing for New Gra-
NADIA. 1t was rejected, however, on the follow
ing grounds, as we learn from the Santa Marta
Gaeeta Mercanti of the 29th ult:-
No doubts the benefits resulting from the immi.
lied countrss but the house was not 90 clear on the
propriety Of paying out money for agencies
the passages expenses Of the immigrants The
present condition Of the treasury did not warrant such
outlay thought and the lack of public
works and large establishments ct which to give such
cls from having nothing tooccupy themselves with
they would be apt to fall at once into ideness and dr
this imnisraon bill, until ID. actual Condition Of the
oemsr.; aaa By that time is to be hoped that
necessity viii exist to hold ovt hopes to Foreigners
but that they will come Of their own accord"
A bill for creating custom house and bonded
warehouse IN Bogota was also rejected.
A discussion was had as to the propriety Of
making tobacco an article of free growth. ct
present it pays duty to government) AS the
passage of such bill would deprive the govern
ment of very considerable revenue, it was
judged bes! to refer the matter to a committee,
who were to report on the matter.
The laws on public education had also been
under consideration. 1t appears that heretofore
the colleges, schools, &C., have been under the
direct management of the executive; this has
not worked well, and it is now sought to place
them on independent ground
The House was engaged, at the last accounts,
in debating on the matter of General Flores, OF
fthe Ecuador. The bill before them was one
prohibiting his entrance into New Granada. 1t
was not concluded on the 18th March.
General Obando, who was at the head of the
revolution of lS4l 1--WE believe) and who has
been accused of the murder of General Sucre,
some years ago, has petitioned the New Grana-
dian government to allow him to ret urn to their
,snl e. D.. l.. IL