New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-10-29
The judiciary.
\ LAWYER.

Tho stability and independence Of those who
oopp.s tis Department II she Government deemed
,,ecnila IL the pshic wclafc Ihl. particularly ~,
e.,o IA Inrland ffoa. shiel country We have cansh'
in gree, degree the spirit and tonr Of our nsttu"hs
bat although. Ia the carly PORTION 81 our history,
,.t~d ut-on this AXIOM with great ndelity-winnlng
nm, our p,c, In this regard tho respect ana conn
dence q all naiounyc 81 late years the force q, ths
truth secm, In measure 70 have bech lost nm" 49,
opr decisions In this STATE. universally looked
utoa In the tine II Kent Spencer. and their compccfr
~ modss for the bench or all future time have feAened
condition many Of them. below which theTen DO eA
an pie anon. civilized nations -,
T. ali h. ~,l m view Of the Gaze shall presently
urcseu,-a nge illustrates, 70 IL said. principle
Pr mon 70 consider vel The precplee 70 ,he cog. %
which we have been conducted IA this city thrVugh the
carsassucs 10 may be With respect 20 The elective s!s
ten o. that tic whole power o: all conservative inter
csis may BE- pui fofh IN Tie election IN November ana
by oonseryaisc interest We mean IN tins connection
TIA large body II men sho have no decisions 10 ask
BON the bench which warp and twist for individual IN
terc-'s whatever portions OF TIE cs'abNthed IA" they
aud Ia their wAy TIE olss sAiA asks for thar 'deri-
se, IN llstr lAsy hold Cosrenfiohs "a ner rdsp ts'or
noaiEs'ions rsS rse'pisn' Of n>ir Jaso'' ava rH
Aoia al "a irbsael' Of he &s' ~ @<tr poe" y nos
| eLfrs,d ~ tAeir ssees,,ft! oarsr .
We hope TO do oar duty In tn. matter with entire
freedom rym pafiAan-hip and without fear favor or
a. tlou and W submit that II this b. not the uifrr
ME hat s-rcti,v once st when IN the presence of
courts 81 Justice and hoh made one disposed ~ bFush
tie duet from lis feet he entered The almost sacred
urrnc,. hat confidence which made all feel that their
decisions were tic embodiment Of wisdom purity ana
u.ic, must give place to the same set 81 ideas "hch
ar forme from tho action Of our municipal bodies
an, tim. so S. q objected the manner ~ which the
Srt, 4, J,csb sharp WA conveyed ~ ferry AZ the
Root ~ " all and subsequently, to n' 'oE"'Hs g
"A, rerf from hiak fgrsiy oHssnd do1a'' per dHHh"
70 sre l0ssand among other reasons because Tue IN
tsirss u he cts not IN either case protected ~
Dc te,t Of pubhc bidding AID now We ind him. III TIE
sane tuhcct matter before our courts 'AHS 10 ff'"t'
damaSs' IRON f ehs Jof 'rPPo''a 'aaS % 't" a.
% ,on.s aled iaoHs a. 10 me i" ~ '" az p''
,oof Of UaH sffs,t forming the shP-rcrfrsehtatiois
made by the Committee GA Whar'cs flcfs ana Sips
when the question whether OF '"t nv 'os' a"""'" ~
m, car came NJ before "a referee who gave Judg
! mrnt iuf Grant ioI sJDVV. his Ss .oihI'u ~
sn.cal Term before single Judge. and We mud nom tho
unonthl, number lust Issued of towards Reports thht
IL was confirmed at tho general term JHdS'' bd' nara
and asun'iH9 Judge Clerk, dissenting Whether
OF mon the case haze boon taken up appeal We know
not bu, this shai watch aud speak about hereafter.
The doctrine Ia asserted and maintained IN tlns case
that the Je rprs'eniai'ons 81 taar'd@at "en'o"' y
! eormffiee af 90 Common Council verbally Hdde may
B,td fIs Cyrt0raOn 90 damage 10 any eHtHf III ti-
door bee opened then upon every cohtrnet-whrher DC
for opening aud grading sucets ana tue ispo
.,nt,ton i. with respect the quality and KIND 81 ma
ternl 10 be eAci,hted other mniicr-"hal remains o
the funds Of the city ma, easily he reached upon ts
Kind Of liability The doclIn, .aat W" .l. va,
charter or by legislative acts-a doctrine S"pllsh'u oi
ths protection Of trssur.s quite m much B Tor DINER
nurioses-s entirely o,erhrown, ana EnkHohh ana M
t,,,,a eaims NAV nus be authenticated and all tort "a
a,rirs at ths amount Of obligations horoofore looked
upon az Easy aud essential IA asking Jor loan "a
made impOssibh -, ,t. l. =,
respects mo.t proper support OF his decision against
The claim should have admitted that case might arts,
In which this kind Of liability could be- enforced but Al
M. decision against a.. claim WAS put upon different
Grounds what he admits IN this respect must be deemed
Of the nature OF what the lawyers sly ob1 deid hc
however qualities by declaring that there would be n'
safety The public II such liability were Prcdicable
The of the whole or any part Of Com
mtcc the whole or any part of either branch of the
Common Council or tie Mayor or indeed oi any ci
cent the whole Government acting by resolution o
vriting or some authorized agent on some subject oi
which be had special authority IN The case oj Sharl
against the City the alleged false reproseniaf.OH al
Lgs9 of a mare committee and that II ras rerbat
uton fhs aighf ground dsspmiaR 10 hare been true
me eny by The Judgment OF Judges Bdrnard an,
Sptl.riasd is heid liable for Mify Monsand dollars.
But IL well known at the time of the grant tina
the city did not all Of the lots at the foot OF al
ms being In the city that the fraudulent representation
war alleged The lease met this very matter by pro, id
ing. II H. mutually coyenaned and agreed that thcs
prcssnls are the express understanding that nonl
herein contained shall bc taken construed 10 operate
as covenant by the parties Of the first part for posses
sion quiet enjoyment by the parties ~ the secon,
part Ac Of the SAID ferry right Of crrhgc nor slal
The be- taken construed Ia interfere In any
nsr with any previous grants rights &c. 10 op
aie further than a. grant The possession Of The estate
ri9 ne interest rhich the parties Of hs FIRST part
hare LAWFULLY dam THO sad jsTy riSAt Jeidse
hereby demsrd by virtue VI their several charters ant
the various acts Of the Legislature OF the state Of Now
York" The grant, therefore was made In terms plahl,
intended TO put the grantee VI the fry npon Inquiry