New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-04-07
.i.ion Of the Court Of Common Piea., to Which It


was originally and most wisely subjected. This
purpose has, however, been constantly defeated py
the frmness and intelligence Of the Legislature;
and .uitors in the Marine Court have still had the
benefit Of an appeal to the Common Pleas. The
act of the last Legislature, however, establishing
the General Term in question, failed to contain any
provision for appeals to any higher Court whatever
and under this act the attempt IL made and seems
utelv to be successful to render the Marine Court
a perfectly independent tribunal, with no power
sny where to revise and correct its judgments
A case was decided by one Of the Marine justices
and one of the parties thereupon appealed to the
Common Pleas. The opposite party resisted the
appeal on the ground that the case must go to the
Marine General Term; but after hearing, first be-
fore single Judge and then before the full bench
the Court of Common Pleas decided that inasmuck
as no appeal from the Marine General Term was
provided for, while the appeal from its Special
Terms was not abrogsted BY the act creating the
General Term; ard inasmuch as the Legislature
could not have intended to constitute this Court as
a totally independent tribunal, those suitOrs who
might desire to have the benefit of An appeal must
take il from the Special, and not from the General
Term. In fact, according TO this decision, the
General Term il, by the very terms of the act,
supererogatory institution, to which ltgants need
rsy no attention whatever. In this view the judges
Of the Common Pleas all concurred, and Judge
Woodruff embodied it in written decision Of I'M
usual ability and force.
But the Marine justices would not surrender their
ambition, ard they presently procured case to be
carried before the Supreme Court, where the usti-
ces who have recently gained so unenyiable fame
by their proceedings in the case OF Messrs. Davies
and Peabody, gave Judgment totally opposed to
that of the Court OF Common Pleas, and affirming
tie sole authority of the Marine General Term to
revive cases tried Special Terms of that court.
Under this decision we learn that a great des OF
needless and unexpected litigation is about to be
undertaken Many, if not oil, of the hundreds OF
cases decided within the last year by the Court
of Common Pleas On appeal from the Marine Court,
are to be raked open again and taken back before
the Marine General Term for new adjudication.
We need not say how pernicious proceeding this
must be- nor how tile calculated TO favor the ends
OF Justice No one can fail to see that body OF
persons like these Marine justices cannot revise the
judgment of so very respectable bench as thai OF
the Common Pleas, without doing wrong and undo
ing right. 1t is true that the Supreme Court OF
this district have decided that this course is lawful
but that decision can carry very little weight with
the public or with the legal profession against the
contrary decision OF the Cosnmon Pleas judges.
Altogether the case is one, whether viewed as q
conflict of Courts, or az unsettlng property and
producing useless trouble and expense which pres
rlgy requires the Interference Of the Legislature
The remedy is very simple All that is required
is to repeal the act creating this absurd General
Term of the Marine Court. That act has done all
the mischief, and we trust the Legislature will
not adjourn till it has been abrOgated.