The New York herald., 1867-11-23

CONSIDERATION JUDICIARy RKroRT.
Tho Convention tnen went into Committee OF the
whole on the report OF tho Judiciary Committee. The
Arst sectiou relates TO impeachment and passed
over The second section was sakep up and 10 ~ tot
lows
the aaess Who
elected BY tie electors q the State sha hold their
They shall designate OF their number chlsl jnsce
il The a o y
.n. ,; ss S q e Sss: Of s a
Isa such ssdsns s' i' Ss
Mr. SMITH moved to strike out the above aud insert
the following sections from tho minority report
SEQ There shall be OF appellate jur sd'ction.
she s q hs al. %
ad sT ss a on hs ss @ n
place bs filed by new election at the end Of second
Any five q said Judges :h. form quorum and
designate OF their number chief justice They shall
so s ns o S and %
clerk may be authorized by law
Mr.. BAKER moved 70 amend the minority report BY
making the number OF Judges niuo and the term Of
their once nine years also TO mako seven the number
necessary for quorum and tho concurrence Of five
Mr. A. J. PARKER was favor Of composing the Court
OF seven members, with terms 0f Office for fourteen
years. providing they are made Ineligible 70 reelection
Mr. HAREs satisfied to lake the second section OF
the minority report believing that judges
enough With respect to tenure Of Office no preferred
fourteen years that provided by the majority report.
Mr. RATHBUS thought the number OF judges should be
Ry0 sso q aS1 10 w
suoh body the calendar could be cleared In two years
He would have every judge feel independent and not
put him In position where he would feel that no must
bow and cringe because he wanted 10 be reelected a
some future day.
number Of judges nine instead Of seven, and twas lost
Mr.. HALE was opposed To the present system. He
would prefer TO have the judges appointed insiead u
elected and favored the plan VI having them Ecd oce
until the age Of seventy years.
Mr. BAKER Withdrew his smsndmcny.
Mr. SIXTH said his object IN moving the minority for
tho majority report 70 test tho question Of life
tenure
report no that every Judge who bc entitled hold
his Office FOR fourteen years shall be ineligible second
term and giving the court the power TO appoint and
remove the clerk or the court
Mr.. Snm accepted tho amendments
Mr. HARRn offered the following substitute for the
second secsion
Court Of Appeals composed judges who shall be
b. bs electors Of ths State They shall be classified
and .or lie q hsr
cs anf - ~ M sss the
Mr. A. J. PARKER preferred 70 have court sslecs the
Chief Justice.
Chief Justice, and he should be ths foremost
the bench He would not have such selection matter
q SS q merit Ms rS6 Ss . psslss e have me
that could not be agreed to- then LOT the court make
such appointment. He also opposed The principle In
volved In tho substitute. His choice was for the
system OF appointment Of the judiciary.
After debate By Messrs A. J. Parker and Harris the
substitute offered by Mr. Harris lost
Mr. BscKwrru moved substitute -" Providing that
the sha consist Of seven MEMBER the chief jus
cs bs appoDisd By the Governor and senate and %
elected aud to hold Office for fourteen years"
Mr. HALL called for . division Of the question.
NJ fo~f. aould mt oaA m 4 n
be made TO the people that was necessary TO have the
chief justice appointed whe all tho other judges we're
10 be elected. II is TO be elected Why not aif
the people are competent choose the other Judges
why they not competent TO elect the chi justice
By ana
The Convention then took recess until sevsn
Evening" Session.
rosnoxxxKSr or THE REPORT POWERS DUTIES
OF THE LKGrsLAfuRH.
Mr. WEED asked the unanimous consent OF the Con-
vention TO allow the posponomen OF tue consideration
Of the report he powers and duties OF the Legsla
quorum present and NO business could be transacted
except in Committee OF tho whole
The request was granted, and the subject portponcd
cossiprRAnos OF rHr JUDICIARY RrroTr RESUMED
Tho Convention then went into COMMITTEES Of the
Mr. CRAvrs moved 10 reconsider the vsts by which
the amendment adopted providing for the appoint
by the Governor aud senate Of the chief justice
Mr.. A. J. PAxxEs ofISred the following substitute for
Mr. Bsckwith's amondment which was Adopted
There shall Of appellate Jurisdiction called the
S
ond The chief Justice shall Be spPcnlrd By ihe Gov
ernor the the Senate The other six judges
shall be elected By the electors Of the Senate Az the dst
election judges crcor shall vote for than four
pcrsonk as candidates for the onlce.
Mr. RAMSAY moved to amend Mr. A. J. Parksr's sub
stituis by inserting after the words "fourssen ysas
the following
Ths jadges Of the preans cour. Of Appeals shall be the
Judges Of the hciSby created and shall hold Their
Offices until the expiration o the terms Tor which they .er.
be 90 csssGsd with 70 hs prssen judges that
one OF tie Judges Of shall out OF oce and his
pacs Aed By election a the end Of every second
without coming 70 vote the Convention adjourned.