New-York daily tribune., 1856-03-22
election.
LAW INTELLIGENCE.
THE DISPUTED JUDGESHIP.

To the Bdy Of Netc- York
cannot permit the extraordinary letter of Mr.. PEA
BODY bearing date the 18th inst addressed to Judges RooE
Wit ard CLERKE) to pass without Many think
most Of your number regarded the votes cast by electors at our
Noverp election 20 ill the vacancy caued by Judge Morris
death a. void Of time under any statute for The
Secretary give notice Of election TO h IT, The
Governor advised and thought He regarded h
duty to fill vacancy BY appointment and was pleased TO
tender such appointment Ny determination to decline
II s changed into accept by of the re-
quest by many Of number that would do so did
accept however announced my determination
10 propose who claimed 20 be elected - the vaean
y an immediate and acabe submission the Courts Of the
whether the Governor bad power 10 appoint or the
p made such proposition Mr. DAVIES ard assured him
would BY every nesIs N my power, Ina 'Is ,bs
ing that in every respect both as regarded the pubic
question Of constitutional law was absolutely necessary VINO
ever uisht hold
Nj DAVIES fully scquesced in these 'ews and upon consul
with his COUNSEL determined putting the matter in
the shape of dTTdno against myself as defendant IL
Up to that period Mr. PEABODY bad far
dreamed that he had could have any claims to the office
until January 1856 caused by the resignation OF
my remaining that might accept the Governors appoint
meDt course on his part suppose inconsistent wh any
idea that he entitled to hold by election the place OF Judge
Nj DAVIES and myself through counsel agreed upon
Headings which supposed would fully and fairly present The
whether he elected BY the people We then supposed we
had done SO.
interest merely perona in having determined for on that
Sow had Mr. PEABODY at this time supposed himself
titled the office, he had only by the proper application TO
az y time before Went to the Court OF Appeals and my
Judgment after the decision there lie did not do go nor at
there ever between Mr. Dawes and myself any the
Ss sI Sr2 sps pcsd Or d % %Se %chs of sDy .G %
every which could Of right be done by either one in the
sSf'' eSy OF The SUIT had II been IN character as 0''u' as WI"
All the understanding Mr. DAVIES and myself had
I,sha N
judicial determination by the Court Of Last Resort Aud Mr.
oCoNoR il nmatng in his letter to Mr. dated the
5st January last 10 the contrary msniormed II he sup
But 10 resume: Until the case reached the Court of Appeals
it held that the Governor had the of appointment
The Court Appeals by Of five three reversed the
judgment determined that the Governor had not such
power That if vacancy occurred matter how before
Genera Election all the electors who knew OF the vacancy
could vote to gil it, And that notice from the Secretary Of
State necessary,
This decision announced the 10th of January sbout
month only after the suit was commenced
The Court gave me twenty days TO answer over
verd:t Juy then out from the Bench perform
ing further Judicial acts than settling bills of exceptions and
already tried with full determination 20
this for the tha the Court Of Appeals bad determined
that the Governor had not 20 appoint could have no
claims 70 the place IN any aspect Of ;he case.
this poist Mr.. PEABODY far iny information
virtue the election His claim this that II the Court Of
Appeals night in their Interpretation of the constitutional
myself followed coroary that proposition that at the
November Election there two vacancies in fae-one tor
FIVE year, created by the death Of Judge NORRIS the other for
about ve weeks the frs. of January l caused by the
death Of Judge EDs The at such election Mr. DAVIES
ballots were printed thus: For Justice Supreme Court fill
yscsLcy Henry E. DAWES" while his written thus:
For Justice Supreme Court 70 I'll the vacancy ier The residue
MORRIS. CHARLss A PEABODY" That consequently Mr.
grstng which vacancy the electors intended while his own
about 500 were the only ones which did ;, desgnate the
Upon this M PEABODY desired me TO put IN an answer set
TIL these actsby which answer Mr DAVIES would be kept
made party the suit Jointly with and thus try the ques
ticn between Mr. DAvIss and himself -,
You viii perceive gentlemen that In such litigation, cond
have further interest than such every en
Of he State For IL the Governor could not appoint under
for answering Of twofod character.
l. To aid Nh PEABODY in settling his claim with MI pA
duty owed to The public no, to allow the wrong man to
be seated which il was said BY answering could do
nsturely considered the whole subject and declined tor
these rea.oas 20 answer over.
F.- could bsye personal interest in the controversy
Second could put in an Answer and allow the suit to
prosefs further without seeming 70 The world -
siion in the eye OF the public and compromise not myself
one but The dignity Of the office itself
ThJd: II did put in answer was still determined not
again to piece upon the beneh pending the tzsnon
between Mr. PEABODY and Mr. DAVIES since could not re-
card either respectful proper after the Court OF Appeals
aad that the power Of appointing dd not yes. IN
CATION had not as seemed me- right 10 conduct
any ror acting TO the obstruction Of the public
business.
tOura 1t seemed the proper that any questions
arising between Messss DAVIES aud PEABODY, and in which
they alone Interested should BE- settled by suit IN which
tey alone should be the parties And the same remedies
which between heSsr DAWES and myself were
also open to both OF these gentlemen.
These for declining TO IL is not
ssssied in Mr. PEsBoDYs letter that decision in that
ressd IN compliance with the urgent request of Mr. DA
and Of Mr. DAvIrs's counsel" No sleh
rroled importuned BY Mr.. PEABODY was
L imp ortuned By Mr. DAVIES not 20 act
Upon these facts geutemsn leave others 70 pronounce
uron the character Of Mr. PEABoDY extraordinary letter
Portions OF have other object than that OF delb
crate psfsorAl adgny toward myself 10 those portions
choose here 10 make renly.
accepted appointment believed the Governor had the
make The Court Last Resort dserBir ed other
wise bow s usrdGe not only without hesitation, but
with 10 feelings Of ehsgrin.
Bat il otherwise, would emulate in seeking 20
retrsst from dissgreesbe position by dsngenuous
att Il upon gentleman whose views OF course which
personal himself and concerned his reputation
happened differ f.om views could wish hia take
that he might subserye interests Of my
With great respect Gentlemen am,
Ee-y truly, your obedisnt servant,
Mac icTk, March o, 1855 EDWARD P. eOWLEs.
UNITED STATES DISTRICT COURT-MAkcH 2l-Bsore