The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-07-07
TEE NEW COURT OF APPEALS.
The address Of tina Bar to the Court-E otab.N
Present on tho oocasion-How ths Ad-
dress was Rsccived-Reply OF
Chef Justice Church.

At the openlag or tie court this morning tho
Attendance not large, owing PROBABLY I'd the
TACT that no papers published in the CITY either
iaS' evening or this morning. and the knowledge
tnat III address was to be made TO the Court was
NOT generally spread. At ten O'Clock. however. ths
senate Chanoer was reasonably filed with some OF
the most prominent lawyers OF the state. among
WHOM the clear O'C0nor face OF Francis Herman
recalled the giant of the American bar ana seemed
TO promise an eir worthy OF the fame OF greatest
lawyer, when, iull orNonors and glo y. he shall have
passed away Judge Henry l.. Davies. OF New York.
Hon. A. j. Vandcrpoe Judge Mason, who seemed 10
think that Folger Andrews was sitting m his
place, and appeared decidedly uneasy; Comptroller
Nichols. Hon. G. W. Miller, the Superintendent Of
insurance. S. Howe, Esq., chef OF the late firm OF
Hill, Cagger & Porter, ana reporter OF the Court
OF Appeals; and many others less known but equally
able After the Court had been legally opened Judge
Parker with his usual dignity and cloquence. READ
the following address,
MAY IT PLEASE THE CoURr-At meeting OF the
members OF the oar he'd yesterday the pleasant duty
was assigned to ne OF addressing you your
sion to the bench aud OF expressing To YOU with
their congratulations, their entire confidence, ana
the earnest wish that tue responsible duties upon
which you are about 10 enter may prove IA agrcea-
BILE TO yourselves as they beeve they win be Useful
TO the pubic. The organization OF a new court OF
last resort in this great State begins new epoch in
its Judicial history and Will be justly regarded as "A
prominent landmark IN the march OF events la
importance in his case, can only be appreciated DY
remembering that this court is the final arblter OF
questions affecting the lives and liberty ana properly
OF more than lour millions OF people. ana that
you hold within your jurisdiction great commer-
cia interests. extending far beyond the politicat
boundaries or the State. The absorbing power Of
great metropolis attracting towards IL the CON-
merce Of the world. and carrying out in business
affairs the same great mechanical law OF the unit
verse, by which the greater body attracts t the
smaller, VIII bring before you for adjudication quc
tons arising In every land and on every Tho
administration of justice, whether considered with
reference TO its decacy or IT'S responsibility, Justly
belongs TO the highest class OF governmental power.
II calls for godke attributes; II demands tue
else OF the best intellectual and moral gifts IL
be successful only so long as 1t commands the
public confidence. We have been taught asid
fully believe that an independent and honest
judiciary Is the bulwark OF our liberties.
From the commencement OF our State govern
ment the courts OF final resort have always
commanded the confidence or the people. They
have been filled by men eminent for their Iearatug
and OF unquestiOued integrity, who have diligently
applied their best faculties 10 the discharge Of ge!r
duties. Their opinions have commanded the respect
OF the world, ana they cited as well AT Westntu
ster Hall as IN all the States OF the Union. Their
failure, from time 10 tElle 10 prevent an accumula-
ton OF causes the calendar. has been owing TO no
remssness oi duty on their part but to the ncieaae
OF litigation necessarily consequent upon an in-
crease Of population OF property ana o. commerce
the last twenty years, as was the court which pre-
ceded it, by great industry and ability and retlres
from it, field OF labor with the g0Oh opinion and the
thanks OF the community. Three timaS IN the hts
tory State has its highest tribunal been
gained with view to adapt its capacity for business
to the increased necessities for its Al each
time 1t believed we could profit by the addition
experience of The past. 1t IS confidently expected
tribunal now have the honor to address Will prove
| nov constituted great Improvement on those
which have gone before IL. Some Of you. well
myself, participated III the discussions which led 70
| the adoption OF the present plan. We knew what
| was desired and what defects II was proposed to
| remedy. The court mas secured Il more permanent
| character 1t no longer changes onehalf Its NUN.
| bers with every revolving year. longer term OF
service secures the advantage of experience, ami
will give stability TO It's Judgments It's hol'i
nv the fart that It represents ditferent soitct
| opinions, and 1t will deserve that increased
| confidence, because 1t secures that examination OF
certain class OF governmental questions rom DIFF
ferent sandpOnts. 1t Is but just to say hat, with
tnese advantages in the plan of organization and
the high personal character or those just chosen 10
test It, no court has before been lnagureu in
State which shared so largely in the public couh
dence ana which gave such promise OF future useful
ness The change the judiciary system just effected
has been brought about III the hope Of relieving
the calendar OF the great number causes awaiting
hearing. Promptness in the administration OF
justice is ndsp ensable to Its elcency and IN pro-
noting that, The interests and wishes OF the
1t is greatly 10 be regretted thar the Decay
in organizing the new court throws upon 1t the accu-
mutations OF one year more than was originally an
tended. But IL is confidently believed by the bar
that the practice which it Is said will be adopted ny
this court, OIL holding continuous Session ike that
OF the United States Supreme Court, viii greatly
lessen the labor OF the judges and soon relieve them
from the accumulation have mentioned. In con
clusion allow me to in behalf OF those repre-
sent that II Will atal times give them great pleasure
to do all in their power TO render the duties or the
court agreeable and tighten It's labors. They Will
strive to uphold its dignity and TO maintain t IN the
full confidence OF the public, anu they hope in return
deserve Its good opinion anu enjoy It's esteem,
confident az they tnat justice only he well
and advantageously administered when pleasant.
reciprocal RELATIONS and mutual respect aud cUnti-
delce exist between the bench ana the bar
The address was received by the bench with evil
dent favor and their faces manted with pleasure
they recognized in it the rum0rs that had gone out
from themselves OF Intention 10 do justice 20 the
position they occupied. After the usual consuta-
ton, rather apparent consullatiOn-f0r WHO ever
knew court composed Of more than one Judge TO
make any movement unaccompaniej by the "heads
wag all,r IN which seems to'be the virtue OF huge
stores of latent wisdom p Chief Justice Churcn.
in measured tones, and with the manner OF oae
laboring under the pressure OF great responsible
| ties, replied as foows:-
JUDGE PARKER AND MEMBERS OF THE BAR OF
| THE STATE or NEW Y0RK-We earnestly than&
| you Tor tue complimentary manner IN whicn
| you have welcomed us to our new post
| tion and We deeply feel the attention you
| have paid us by this kind Testimonial OF your
regard and esteem. IL is with exceeding regret that
| we dnd upon The commencement Of our duties, that
large amount OF business has accumulated, which
threatens for time 10 clog that smooth wording OF
court which we mad hoped to- see inaugurated with
this tribunal But we can assure the bar that every
| demand Of labor Will be cheerfulIy met
| IRON the incubus Of overloaded calendars.
1t will be the earnest desire OF the Court to the
wishes Of the bar and facilitate in every way th
| convenience and advantage We are persuaded that
the duties of our position are arduous and weghty
and therefore feel the necessity OF constant aud
tinued labor. In accepting these positions we have
assumed their responsibilities, and we ask the bar
to unite with us IN fulfilling our pledges 20 that we
| may no longer hear law used as synonym OF delay.
/ enter upon this position without judicial ex
pericncc, but with earnest desire TO faithfully
| perform the duties incumbent upon me, and should
be ut loss have in my associates body of APP
peal which have graced the highest tribunals of the
State and 10 which may safely trust for wise and
ludcious counsel The Court, IN Its official action.
! will be always independent OF any political bias
guarding the constitution with stern
| and lnviOlabe force, against which will beat III
vain the assaults OF party or the demands
OF interest. The judicial annas OF this State nave
| been houored IN the past 10y drmsand upright ad-
herence TO official oaths, and the people may be AZ
SIRED that the nigh character our judiciary has at
| tanned will never be lowered by the action OF tins
| court
Judge Davies then moved that the addresses be