New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-10-26
THE NEW-YORK JUDICIARY.
LOCAL COURTS or THE CITY OF NEw-YORK-
TIE BAR.

TIE NETWORK JUDICIARY.
LOCAL COURTS or THE CITY OF NEW-iORh-
THE BAR.
To the Editor Of Then. Y Tribune
SIX: H. former communications have referred to
the Courts Of this city, and shown their nadsqnacy
for the transaction Of the business devovng upon them
More especially this the case with the Supreme Court
mistake committed by the Convention which
framed the Contttutiop which il irremedable except
by a revision Of the Constitution itself. The
in assuming that JUDICIAL business would be in exact
proportion to population. Upon this theory the State
was divided into eight Judicial Districts and four
Judges allotted to each with the exception that in the
District composed of the City of York. the Legis-
lature mgi make provision for the appointment Of
additional Judges but not to exceed in number what
would De in the same proportion to the population of
that District as The number of Judges in the residue Of
the State is to its population. This virtually nulited
the whole provision; additional Judge is all that
we have been able to obtain underit Then again the
provision Of the Constitution authorizing the Legisla
ture to reorgaDize the Judicial Districts after each
census affords no relief to the City OF New York. be-
cause, although the number of Districts may be in
creased yet the proportion to population must be
observed throughout the State; and besides such in
crease Of Districts only be one at tme-that il
to say, one District in ten years Nothing was done
after the census OF lS55 Ii indeed hopeless that
anything could he done; and by common consent
have 10 look to revision Of the Constitution as the
only remedy.
1 have formerly given some Of the statistics which
demonstrate the falacy Of the Constitutional theory
upon which courts are arranged, but II may be
useful to refer briefly to them again. BY the census
of 1850, the population Of this city about one
fifth that Of the StGte-the population OF the city be-
ing go OG0 that of the State ,i66 900. But the mum
Der Of lawyers in this city is more than onethird the
aggregate in the Statehe number in the Staie peynF
bnpu ff . ttht aud =" ~,
In this COMPUTATION there is reduplcation to some
extent by including law firms, well as individual
members but the overstatement applies as well to the
rest of the state RS to the city. In general law uns
ness corresponds to the number ofawyer but that IS
10. .:~e - ii adteqaate provision were made for
The disposal of all the business that would come before
the cors if it could be attended TO, more than half
of the law business Of the State wonld be found con-
cenrated here, If should be estimated by its ntrin-
sic importance But for want Of facilities in disposlns
Of IT, large amount is virtually suppressed. Yet
with al the drawback Of long delay and heavy eX-
pence the proportion of business pending in the courts
largely exceeds that of population. The ratio OF what
ia actually doue is very different a delusi0n exists
in respect to tis lawyer are constantly removing
10 this city from other States and from the interior OF
this State. Business has declined elswhere, and
therefore it is naturally supposed that II must be oet-
ter here. Ex meu bers of Congress and politicians,
who have in the pursuit OF office suffered their pro-
fessona business to out, constitute large pro-
portion Of the corners, aud the number IS annually
Increasing.
But to return to the courts II the city. Ii is well
known that the Superior Court, with It's six Judges,
Las been chiefly Instrumental IN saving us from an
Qsyi9rld which must without Their ana, nave ensued'
Tie eminent ability OF some of those Judges has MAIN
tanned public confidence and the method pursued in
the dispatch of business is deserving OF all praise The
oss sustained by the recent decease OF Chief Justice
Duer whose place has not yet been suppued Is great
IL is worth mentioning here that the late Chief Justice
and three of the present members of the Court owed
their election to divisions in the Democratic party.
Under ordinary circumstances II would have been i'm
possible that they could have obtained place the
Bench by popular election For the good fortune OF
having for the present several OF the abest Judges OF
that Court, indebted TO merely accidental cir
cumstances. In the forecast OF the future this fact
affords anything but pleasant anticipation as to what
/ the Court may ultimately become. The sanguine cal
ouatiors Of those who predicted that greater dis
elimination would be exercised judicial than 10 other
elections, have been signany disappointed.
Ii is scarcely to be expected that any change in the
mode of constituting Judges viii take place. We shall
have TO take chance OF what the popular vote viii
! give Us.
| have nothing to add in respect TO the Cour, Of
/ Common Pleas TO the observations have made in
| former communications.
| some notice Of a tribunal which has 10y gradual and
uuobserved increase oi its powers become possessed
| If a considerable jurisdiction. l mean the Marine
/ Court Originally, its name imports, il in
tended for the trial certain class Of which
the other Courts very willing TO be rid Of viz
petty marine trials; bat to this was added civil urs
!
grade above the Ward Courts, which had jurisdiction
In common with Justices OF the Peace in the county TO
/ the sum OF SO.
can remember when the Marie Court afforded 10
Young LAWYERS lust commencing practice preliminary
preparation for the grayer business Of the higher
/ urts-and some of the Judges who then held office
are still remembered with tradonary respect. One
/ Of them who became known by the sobriquet Of
! Judge Blackstone, remarkable for the dignity
and patience with which be card deCamatory counsel
but unfrequeDty taking the precaution 10 enter
judgment before the summing up of the counsel. Al
that time an appeal could be taken from the decision
Of the Judge WHO tried the 10 the Count Of Com
nor Pleas. But now by virtue of various legislative
attachments the system Of Special and General Terms
has been introduced. The decision Il u single Judge
must be first reviewed by The three Judges before
appeal lies 10 the Common Pleas, and the jurisdiction
of the Court has been increased 20 five hundred dollars
There ia something ludcrous in the application 10 this
Court Of the legal sysemsology of modern Invention
Sill large amount of business has been in fact drawn
irto the Court and # well done, muck public service
will have been accomplished. As 20 the question how
tine business is done Il deserves TO be treated with
gravity for which, however, the bar affords but little
| In some criminal trial in neghborng State. The
prosecuting attorney being asked BY the Court what
the State had to say, replied with difficulty of
articulation. but with great emphasis of look that ne
| Sfofe las drnak! Now, this was something better
| than if the Court had been drunk; but, if common
fsme speaks truly, we have had the experiment fully
tried in this city bow far business can Dc done
under the last contingency.
20 = The Courf recently ins.i,u,s6