New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-12-05
THE SUPREME COURT VACANCY.
To he EditO, Of tn. " Y Tribune

To he Editor Of The ~ y. Tribune
SIR: Several articles Rave apes ed recently in the
va,ious oay pspsr. in regard t, filing the vacancy
occurring in the Supreme Court by tue desth of Judge
Morris 10 these articles, as general thing, there
rs. been more spe a stior than anything else II
few extracts from the satu had been given the pub
lie would pave aimed cle,rer view OF the case. In
order that the true position of the may be kno w
TO the public will m, Ike soOe extracts from the Con-
sti lion ana provisions of the Revised Statues After
declaiIg thai the Justices of the Supreme Court shall
be elected by the electors of ths several judicial dls
section 10 OF ariic VI OF the Constitution reads
ss follows:
an case the oce any Judge of the Court OF Appess
Justice Of Ssprrm Cour sh. b.c vaeao before hs
vacancy as, be Id by appo BY the Governor uot E
sba sup general election Of Jnde Tn9n Il
sdH be file by election for the esidae OF q, uteNped
Under this section the Governor has power 70 ap.
point Judge TO fill a vacancy occurring before a
GENERAL election, and such appointment is good until
the ext general election, whcD II tine vacancy shal
" b, filled by election That is 70 say, Gov. Clark
could appoint from the death of Judge Morrii until the
mex general election A Judge Of Supreme Courts
a staie ficer The jurisdiction Of the Supre ne Court
* ends over the whole Stae, and Judge OF said
Court csn%ske Gr'e' the respecting 81 elections
d" orber tban for militia and town officers reads as
follows:
An voc,ne. Of the office: named Il the first and
.uoI setor. President sAo Vee-Predent ssna'on sud
NJ
Tios % 1t ,ueee.dins the tspP.nios theIsof"
1he office Of Supreme Court Judge is one OF the
Offices mentioned il the first ton of the u le. Sec
tiop the san title and same act tds follows:
Ifs v,caney proper be supp led general eecti1n
shall have been ,upp led ner election next sicsed
rs the happening special election to supply such va
Section Of article first OF lie III. of the &C.
state that if any vacancy shall exist Ia county,
proper 10 be supplied at the ensuing general election,
sno if any such vacancy sha exist in district, the
Of State shall give nOIcs in writing to the
Sheriff. Clerk County Judge of the county, specify.
ing lie cause Of such vacarcy the n.ne OF the ocer
in whose office il has occurred, aud the time whea
bis term of office will expire, &c. The nopcs required
TO be civ, under this section sppes to offices becom-
ing vacant in counties and in districts, suca as the
Office of County Clerk, County judge, Ascend yman
Senator &C.; as stated above Judge of the Supreme
Cont il State officer He il no. confined 10 his Ju-
dcia District but can hold Court and try in
any part Of the Stae tr erefore the noce required to
be given by The section last quoted does 40! apply 70
the office Of Judge of the Sopfene Court As viii be
s.en by reading the ores oius sections carefully the
Governor appoint TO fill vacancy when such va
csIcy occurs before the general ct0n a, me next
ger erel election the vacancy must be hedi the Vd
csncy be not filed, The Governor must au,ho ize q
special election. As regards tie notice required in
of vacancy il must be given when the vacancy
between The let of July aud 18Th Of October,
in Offices becoming vacant LII counties ana districts;
tie statute makes provision Tor noce TO be given
where q vscapcy occurs between the 10th of October
a. the Tuesday 70 10 xink the fret honnay 10 Noyem-
ber ard tier, ftre the Secretary of Ss has not
thoIi to give such notice.
Juoee Morris died after the 18th of October, and
sp entl, long before the gene al election for the
public TO bee QUE generally of the Vacancy as
al evio of which s1son Deed he made 10 M ber
Of TO Gil such cy Mr.. Davis was elected
10 fl such vscaLcy; if illegally, the Governor cannos
appoint now; but special election must be called.
IT, as St.te officer Mr. Davis was ele ed, then No
Iotice il required in of vacancy This would
SET 10 be the intention OF the statute as It reads.
~ hNr+fA Ia trsrs
&C. dh be upper o. the general election next succeeding
the LAppeLI there T."
should any ore be bold enough to accept appoint
mept from toe Governor, as II re ruuored, great con
fusion woule eIsue as the decisions Of such
sumed Judge would be OF more legal effect than the
opinion Of any lasyer. Yours, &c.
-Neir- York Dec. 4 1855