New-York tribune., 1867-09-12
THE CONVENTION.

nonstrancee were nresented from trustees OF acad
emies and Others against the abrOgaton OF the Board
| of Regents. MI Goodrich of Tompkins presented a
minority report from the Committee on the Judiciary
resolution was offered by Mr. Sherman, and adopted,
by which the general debate on the Finance and Canai
reports will close tonight; and hereafter speeches
are TO be limited to 20 minutes. This was all the
concession that the Convention was inclined to make
at this late day and it carried by vote OF oo 10
| a. In Committee of the Whole upon the Finance
and Canal reports the morning occupied IN three
set speeches of an hour each from Mr.. Tilden T. w.
| Dwight and PrOsser. Rum viii have hearing be
| fore the Special Committee Adulterated ana In
tOxcating Liquors Oh FRIDAY afternoon ol ts "eeA'
THE PROCEEDINGS OF THE CONVENTION.
RemOnstrances were presented from the
trustees and teachers of schools at Phelps, Ontario Co..
Cortland Academy, whitesown Seminary, Delaware
Academy, Carey Collegiate Seminary and others, against
| the abrogation OF the Board OF Regents. ~
Memorials the subject OF minority representation M III
and separate submission of the liquor question "e'o
Mr GOODRICH Fep., Tompkins) submitted u minority
| report on the judiciary, AZ follows; =, -, o,,
The undersigned unable TO agree in all the coneusons %
majority of his associates asks Leave TO e me
trusts he may be allowed state that he has be 10
10 The tenure OF Office ioI & te Jmdgs Ul ~ t me %
mitee because he cOnceives such tenure woud IN
terpose SO far as relates those Judges practical De
NAL of the benefits Of the election system which u IN i1 %
adopts for their selection. The graf advantage oi th
|
aiordng to the people only the right to choose
| in the first instance, but q ready anu eh,c'u @
of6cer proves an unfortunate one. He comedies
that the services which Judges are chosen o perform
furnishes agreement for a more extended elin Ior
them than can be necessary for executive or egsa
tive officer, but he by no means admit tat II snou
be so far extended tO place them absolutely beyond all
power of control or dismissal except through the cum
bersome and uncertain machinery OF an Impeachment
lection or protection against the more ordinary forms OF
Official misconduct the part Of officers IN any OF he de
mt
term recommended by the majority OF me commune,
would be little more than an election IN name; IFS
! subsfa nee and utility would be wanting.
The undersigned dissens, also from the further re-
commendaton of the majority OF the Committee-that
proyisOns be made for submitting the question to the
people 1870 whether the Judges OF the Courts referred
Governor and senate and not by election by the people
Such provisions certainly cannot be adopted except
been in use for twenty years the state. aud which.
from the example of its adoption here has been adopted
and s now in operation in fun twothirds Of the other
sates) has proved failure For himself he IL nOt pre-
pared TO make the admission ON inc contiatyi ne ns
cves that the results which have mere ana WrIe at
tended it's odoption have established fmy lts pac'et
bty and lie IL also Vinced that th" people
of this state could be induced under 10 CIRCUMSTANCES 10
surrender ~ -, ,.,o ,o-.,,. o.
| thus state the grounds OF his dissent from inese
| conclusions Of the majority OF the coinmittce
pare the Article which he has tho honor 20 present
His principal aim has been 10 furnish II possible plan
Court under which the decisions Of that Court would
command more largely the confidence OF sutors and
have heretofore overwhelmed with business the Court OF
Appeals and which especially with the addluohaI supply
OF cases 10 hereafter from the Court OF Claims
10 be established, must continue 10 oYefNhcm " III lnc
future. II by this means a remedy can possibly pe
great defect ia the judiciary Of the ste). he believes
prove far more satisfactory than any which can DC
! obtained through future temporary COMMISSIONS a.
In the place Of organization which he presents ne hS
therefore endeavored to remove tbe tniee PhmS%n m % an
preme Court which have operated to bTine INTO d,sp1
agement decisions and 10 send 80 many ruoIs 'o e
| court OF last resort for relief. ,,, q,
By the greatest practical reduction of the number OF
a. BY providing Judges dn sufficient numbers 10 com,
mand the fullest confidence for holding the y9n&ers, &
terms. OF whom shall have previously p"s'ou uPo"
s. By relieving the general terms from their present
character Of mere local courts and elcyathg mem "
state courts held by judges representing thc ene stare
Article VI-sECTIos l. The Assembly shall ihaye me
Inc members elected The Court for tho trial orupeaeh
ment shall be composed OF the President 9i th9 sea'e
the the major part OF them ana the Juss o
the Of Appeals or the major part o lhen ON n'
trial OF an Impeachment Of the Governor the Lieutenant
| Governor shall not act member ~ the CONT NO
dical officer shall exercise his ONCE after he shall have
been impoached, until he shall have been acquitted ne
fore tho trial OF an lnpeach1aan., tiio % "a nm
Court shall take oath or affirmation tsy ahu nhpi
and no nersou shall be convicted without the concurrence
of twothirds OF the members present Judgnt Ia cases
OF Impeachment shall not extend further Than 70 rmo'al
from Office or removal from office and dsquBlncatOh 10
hold and enjoy any Office OF honor. trust or P0nt. under
the laws Of this State but the party mpeached sha De
liable To Indictment and punishment according 10 law.
Src q There shall be court OF appellate jurisdiction
who shall be elected by the electors OF the state and
hold their Office for Il years The Judges nrsl elected
shall he classified that one shall go OUT OF once, ana
his place aed by election nj the ehd Oi any SEC
ond year 49, 90, - -
and the OF four shall be esy to decision
They shall from time 10 time and as mten as necessy
designate OF their number as ChiefJnstlce Ilcy
shall also have the appointment, with the power OF re
ova OF the reporter Of the Court and of such attend
ants other than clerks, IA may be authorized Dy law
SEC. g. Upon the organization Oi the sau court tnc
then pending IN the present Court Oh Appeas p
created such Of said causes as are pending on he st
day of January 1868 shall DO heard ana determined by
commission u consist of 1--WE Commissioners OF Appeals
Court Of Appeals hereby created for cause shown
may order any thus pending before The sald Com
missoners TO be heard the Court OF Appeals hereby
created Commissioners shall consist of the Judges
of the present of Appeals elected thereto anu
afth Commissioner who shall be appointed by uie Gov
eor by and with the advice ana consent oI ,he enao
SEC g. IL any vacancy shall occur IN the once oi s
Commissioners 10 shall be filled by appointment by tne
Governor by and with the advice ana consent oi mo
Senate II the Senate be not IN session ny ne ooNo
nor mt In such case the term Office shall expire at
end Of the sessions OF the Senate next aleI sc
pOinrncnt The said Commissioners shall appoint Hoii
their number Chief Commissioned ahn may apPYt pP at
remove such attendants az may be provided IQf ny Jaw
and may IN Ike manner MI M vacaces w s,. iaW hs
nents. The reporter OF the Court OF Appeals shan os
the reporter of said Commissioners and the ~
the said Commissioners shall be certhed 20 anu DO
and enforced the Judgment OF tie Court vi Appals
said Commission shall continue ior three !es u1
tins causes committed u 1t are sooner deernlned IL ~
the end OF three years IRON tiie term OF upon
duties all the assigned To sucn Commission sna
not have been heard and determined those reinalnng
undetermined shall be heard ana doefihcu Ny uo Sou'
| OF Appeals hereby created. .- -,
sEc g. There shall be a supreme Court having general
Jurisdiction in law and equity subject 10 sich appelte
Jurisdiction OF the Court o Appeals az may W. precood
Gy law The State snail be divided into three judicial
deparmes bo composed OF the judicial districts now
existing the first second districts 20 comprise the
First Department the third fourth ana nfth hs 5ec onl
and the sixth seventh aud eighth the lnird
Departnent There shall be in each department twelve
Justices OF the Supreme Court or sch other number as
NAV hereafter be provided for by law, who shall be
| he