New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-11-23
TIE PROCEEDINGS OF THE CONVENTION.

TIE PROCEEDINGS or TIE CONN ENIlOSs
The Convention met at 10 o'clock.
Mr. GREELEY presented two petitions from citizens Of
New against any action looking to the overthrow Of
Sunday and Excise laws
Mr. s. TOWNSEND Dem, Queens) moved TO reconsider
the vote accepting the proposition OF the Commercial
Bank 10 advance money 10 deray the expenses Of the
Convention the payment OF interest. Laid on the
'H Mt. ANDREWS rep onondaga moved that the con
sderatOn OF the report OF the Committee on the Judiciary
DE postponed until Monday next.
MIR. GREELEY moved 10 lay the motion on the table
Mr. HALE G2ep. Essex moved to postpone until Tues
day instead of Monday. Lost
The vote then taken the motion Of Mr. Andrews
Mr.. MCDONALD rep, Ontario, offered proposition
relative TO details OF direct taxation Lad on the aDle
and ordered printed.
Mr. VERPLANCK Dem. Erie) moved to reconsider the
vote by which the rules were altered ~ 10 make 20
members requisite for demand OF Yeas and Nays Laid
on the table under the rule. -
The Convention then went into Committee OF the Whole
the Judiciary Mr.. G. C. Dwight tRep, Cayugal III the
char.
The CHAIR announced the pending question 20 be upon
the motion change the number OF Judges Of the Court
OF Appeals from seven To mnc, and the term OF ONCE
from II TO nine years also making sN judges quorum,
and five necessary 10 a decision.
Mr HARRIS Cfsep., Albany thought that Court Of
Appeals composed Of seven judges elected Tor period
of fourteen years entirely equal To al tat was re
quired Of them, provided they could start with an nn-
numbered calendar IL was lncohgruOus ana, IhSoh-
venen 10 select man for term OF years 10 thd Weh
he 70 years Of IL might not be known When
that goal would be reached and would occasion nueh
Inconvenience IN every way. oil,
Mr. G. l.. ALLEN uep, Washington conceded WIN
Mr. 4. ]. PARKER Dem, Albanyl favored Court
composed OF seven Judges Nine would be an Iueonve-
nient number. and nye would not possess a suHSeht
degree of public confidence. lie would prefer 10 nave
elected for fourteen years and To have them ncg
bile for secoud term Ihey should also nave the power
appoint and their clerk as wei a. reporter
court thus constituted would be composed OF men by
their position removed from all political influences and
sharing the public confidence 10 the highest degree.
Mr. GRAVES rep. HeIklmerl favored the present
system and was indspOsed 10 enter upon new and un-
tried cxporlments ,,,, ~, a., a., ,
Of five Judges was IA hgh as was pIacusaDe ana eNt
ditous IN the discharge OF their judges Members OF the
present Court Of Appeals had told INN that win hyc
permanent Judges they could take the present calendar
Of the Court Of Appeals with all us accTuing busuas
with this view lie objected again 70 the classification u
the Judges when elected Here they were elected Tor
IA years and at they begin to elccioneer for
reficction at the end of two years, If they happen
Dd resgnSons win prevent them all being elected
AT the same time. In regard to the supreme
Court he held they should arrange that Judge
should never sit In review upon case Oh which ne had
once given his decision. Sometimes happened that
Judge made mistake, and took MN az couhsei, anu
egregious blunder on the part OF the present Oo
stitution that they we're allowed 20 st on w Win i
when appeal was taken from ther Ieclso.s WIN ~
exceptions above mentioned be agreed Win the in'Joiy
MT HALE (Rep Essex believed this subject TO be OF
the greatest practical Importance u any qlcsOn
the Convention. II was on account OF apo9 ~ Wv la
dietary system that the Convention was III the main cIeu
The gentleman from Herkimer GRAVES would cling
20 the present system But lie WohId ASK tn,io
was anything In the experiment tried under the Cohsttn
Of III
uTc. II an utter failure as colhpaIeI WIN p %
systems The fault not Ia tho men VINO SAT upon tho
bench; there as able men now as ever, but tho
syste6 Is radically wrong and calls for greater reforms
even than are contemplated by the report Of the judiciary
G com ~ 1crform =" ia WORK In the first place the
constant changes in the bench OF the Court OF
SdRppSsb ne work laid before them He also believed
that the system OF elcctlng Judges was wrong There
Of the state had sometimes made bad appointments
but strong pressure was brought 10 pear upon ts tx
ecutyo and he made TO think that was only Tor
short time fl the appointment 10 be made Tor "a
Years the choice would be made with deberaton and
REORGANIZATION of the Judge elected by tho people The
popnlary-elected Judge must be influenced IN his De
csons by the desr please those who elected nm ana
10 secure his reeloco lie agreed with the gentleman
from Cayuga athbuul as TO The ineongnty OF hay,n9
by him The pending amendments were put 10 vote ana
The ouesion then came upon the substitution Of sec
tons and OF minority report, as proposed on Thursday
Mr. EJPARKER DEM Albany offered two amend
ments providing for ineligibiy to ONCE ana Tor we
power Of appointment and removal OF INC Clerk oi INC
Court. These amendments were accepted.
Mr. HARRIS qep, Albany proposed an amendment
by which the Judge holding the shortest term OF ONCE
Mr.. VAN COLT 1sep., Kngs) hoped lthat the amend
ish the Chief Justice to be the OF least experience
i'm the Court. IL new ana strange, u lmpaItial
prncple that the man who to be in the Court OF APP
as foT two wears was better qualified to its chief
tban The man who was be there four six, or ten
years lie had voted in Committee Tor the prS SpG
that the seventh Judge should be appointed by
the Governor and should y n 54 case caei J atc
he must vote allow the Court OF Appeals TO chose thef
own presding officer II they are competent as court
for this trust Now regard 70 the term OF office the
Committee springs at bound from TWO years az ts Sl
est Legislative term Of Office TO Ia years Tor the Bchc
What wa 5g n aSaSOn rs "a s to TIC pOy y he state
The function Of the judge Is iAGd ana absolute lie sts as
tie agisate TO say what tue Jaw Is and TO FIX ana deter
mine jts meaning The will Of the people has nothing 10 do
of Law
proach except in the form of solemn statute The court
& I'm serene zion the calnOr OF the people 10 In
rret The law and declare Its province. His preference
was for the appOintve system But his preference
was not much from oppostlon " pVpal eiecio, az
| yitiates his integrity. fopuar elections anu
| short terms were device 10 put upon NJ, the
bench weakest and least independent OF men Wnen
on oes 10 tbe bench he shOuld be consecrated and
dedicated to a high and holy office, winch VIII absorb his
energies Ifnow his term Is limited 10 fourteen years,
~ send him hack upOn the world with his clients gone
and with habits formed that unt nm Tor professional
es,lnes Is that dealing faithfully and Tighteously
J,b an honest and faithful public servants Is IL just
voursef as we'll TO him You asB nun 10 cut himself
9f from all his old lfe ana business and associations.
and Won should secure to him az least modest compe-
.anc white health and the probability NJ LIE lasts. You
should remove from him the au1Isy as TO what will
become OF himself and family ~e Us ~ years are past
You pay your Judges meager pittance; ana you VIII
| always DO so, no matter If an Increase Is made The
least that be done in justice Is TO make 1t life
~ IA wears Now the average age of judi
| cial life in the Supreme Court OF Judges Of
the United States and in England Is only from IA to IS
uaors Won gain ONLY from one 10 two years most.
INT what do you gain by making IL HE tenuTef You
gain whole Judge, with his woie energies given TO the
Court In which he pfesldcs anu i0"Neu HUN al CUT
The substitution offered by Judge Harris was put
Mr. BECKWITH Hep., Clinton) offered an amendment,
making the office of Chief Justice appointed by the Gov
TO hold office for u year, o. a9 c Ge remainder Oh the
Upop division vi the ggssh9 Tug pV1es.lIOD " nave