The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-10-21

the 3oth April, . new democratic constitution.
leaving out the King Of Prussia, was adopted and
proclaimed. On the 18th September follow ng, the
new and existing federal consultation was adhered
to by the representatives Of about two, out of the
three, millions Of Swiss people, and was adopted.
Signals, bonfres, and rejoicing covered the face OF
the land to welcome the new constitution-the first
ever made by Switzerland without foreign inter-
ference.
The diplomatic representatives of all the powers
have remained at Berne ever since ls4S, as before;
and Switzerland has faithfully, but firmly, fulfilled
all her engagements. Bat she is great obstacle
to the monarchcal system and she is to be no longer
menaced, but attacked, and, if possible, partitionsd
among the robbers who have despoied and propose
to despoil Poland, Cracow, Hamburg, Lubec, Bre-
men, Lombardy, Venice, and Lower Italy. We
hope for our credits sake and for the honor of the
age and race to which we belong, that this great
republic will forbid the atrocity of tearing the
honored limbs of Switzerland asunder, to crafty
the hate and cupidity oftyrants. We cannot recog-
mise any shadow of pretence for her dis member
ment, on either of the grounds Of alleged provoca-
ton. That provocation is one deliberately sought
and manufactured; but if the appeal be to force,
the United States should put it aside, and intervene
for the intended victim, at all hazards.
The anxiety of Switzerland for the countenance
of the Union is intense II was with us tina. the
new confederation framed its first treaty of friend
ship ard commerce. A section was struck out of
that treaty last winter by the Senate, and hence
the necessity of referring it back to the Swiss go
vernment for final ratification Within few
days, special agent of the United States has car
red out the instrument, and it will, no doubt, be
accepted. The original was ne gotiated by Colonel
Dudley Mann, and passed both branches Of the
Federal Congress at Berne, in November, 1850,
unanim ously, and by reclamation. The treaty per-
fected the two republics will be united in the bonds
Of interest, feeling, and honor.
SUPERIOR Court OF NEW YORK CIrY.-We
gave, in Saturdays HERALD, the proceedings of
the wing judicial convention, on Friday evening
at which Murray Hoffman and Charles p. Kirkland
were nominated as Judges of the Superior Court,
to fill the places Of Judges Oakley and Mason,
whose terms expire. The nomination of Mr. Hof-
man, who is old city lawyer, we presume will be
acceptable TO those citizens who do prefer Judge
Oakley, who is taken up by the democrats for re-
election, after more than twenty years service in
that court; but much surprise and indignation is
expressed, that Judge Mason, who was before
elected by the wings, is now left of the ticket
There is no objection tina. we know of to Mr. Kirk
land except tina. he has only resided in this city
year or two, having removed here from Utica bat
recently, and is quite unknown to the mass Of the
voters Of the city-and in addition to this circum.
stance, our citizens who are determined not to be
governed by party feelings, do not like the manner
in which Mr.. Kirkland has been pushed on to the
ticket by his friends, to the exclusion Of Judge
Mason, to defeat whose nomination the most IN
worthy means were made use Of ia the wing con-
vention.
The objections to Judge Mason were, that he
would not be subser Went to certain whig poll
ticians But his independence would certainly
commend him to honest men, if they had an OPP
porsnity Of expressing their opinion, which, it is
to be regretted, the binding influence of regular
nominations will prevent /; remains only, there
fore, for to state the circumstances under which
Judge Mason has been set aside, by bare ma
jory Of the 'whig convention, and leave 1t TO the
independent wings to apply the remedy.
The Superior Court, it will be remembered, is
composed at present of six Judges, four Of whom
are wings, viz.:-Judges Mason, Duer, Campbell,
and Paine; and two are democrats, viz. Judges
Oakley and SANFORD. On the question of ap-
pointing Clerk TO the Court, Judge Mason re-
fused to consent to the removal of David r. Floyd
Jones, who had been appointed by the democratic
Judges, and, al .hough democrat, had performed
the duties Of the office satisfactorily with the aid
Of one or more whig assistant Clerks This refusal
to remove jones gave great offence to those whig /
lawyers who wanted the Office, and so they kept q |
rod in pickle for Judge Mason. The next ground /
of offence, on the part of Judge Mason, was /
his concurrence with his colleagues Of the |
Supreme Court, in their decision in favor Of the |
legal right Of William A. Walker, (demecrat) \
commissioner Of Jurors, against whig, who wanted
the Office, but whose appointment the judges were
compelled to declare illegal.
These, We understand, are the points which were
made against Judge Mason, and urged in the whig
convention with sufficient force to prevent his nom.
nation. Judge Mason, it is known, is a native of
this city, and son Of the late Rev Doctor John NJ.
Mason. AS citizen, lawyer and Judge, we be. |
lieve Judge Mason is entirely unexceptionable.
As the wings profess to consider the election of |
Judges by the people an experiment, requiring the
greatest care in the management, Of which nomi-
aations form the main feature, 1t does not become
hem, as q party, to treat honorable men in the man
her they have the Judges Of the Superior Court. We
rust our citizens generally will discard party feel
70 % IN voting for Juulcal orcers ana, by exercising
4 sound discretion in the selecting Of names from
the tickets in nomination, show party leaders that
they cannot make the courts Of justice mere polit-
zeal machines.
The FATHER MATHEW FUSD.-We are sorry to
see, in certain quarters efforts made to throw cold
water on the movement that is being made to raise
sum Of money in this country, for the purpose Of
enabling Father Mathew to pay of his debts and
have enough left to provide him a comfortable
support during the rest Of his life such business
Is exceedingly snail and contemplate, when it is
well known that the amiable Apostle Of Temperance