Year: 1867

The Judiciary Committee of the Convention
have presented scheme of reform in the Jl-
dicial system of the State that deserves uni.
versal attention. 1t is obviously the result OF
q compromise between conflicting opinions ana
interests-betwcen the friends ana opponents
of the elective system as well as between
adverse political parties. The pnnclpal features
of the plan thus recommended are Q) the re-
tenton of the elective system; (2) the cNleh-
sion of the judicial term oil ONCE TO
the judges 10th year of age; 90 Il
Court of Appeals consisting OF seven permanent
Judges (4) the election of the Supreme Court
by four departments, instead of eight dis
tricts, as at present (j) the establishment OF
a temporary commission TO clear off the cal
endar of the Court of Appeals; 60 liberty to
the Legislature to abolish the Office OF Surro-
cate. and to create Probate Courts, or confer
the bowers of the Office upon other Courts !;
C7O provision for vote of the people IN 1870
upon the issue between an elective and an ap-
pointed Judiciary The other provisions are either
the same as those of the existing Constitution
or make 10 material change. The local courts
of New-Y0lk and Buffalo are continued; the
Superior Court and Court OF Common Pleas III
New York being each composed of five Judges.


The acknowledged failure of the elective
judicial system in this part Of the State has
made all good and intelligent citizens, OF what
ever party, anxious for its abolition. The
difficulties in the way of such measure are
first, the apprehension OF the party III the
majority here that it would not be LARRY
| treated by the Governor in his appointments ;
and secondly the satisfaction when i said 10
he felt in the interior of the State with the
working of the elective system there. We had
hoped that these adverse views might be re-
concilcd by the election of all the judges on
the first OCCASION and the appointment of
Judges to fill vacancies ever thereafter. This
proposition, h seems, Is to be submitted to a
popular vote in 1870. Why not submit it also
at the first election of judges under the new
Constitution Let the people pass upon 1t
while their memory of recent judicial abomna-
tons is yet fresh, and before the sore has been
salved over, to break out again, perhaps, more
Indignantly than ever.


The extension of the judicial term of Office il
certainly a great improvement, especially If
the Judge is forever disqualified, as lie ought
to be- from holding any other Office, even after
resignation of the judgcship. The age of sew
enty is a proper limit but the people ought to
have liberty to rcClcct judge on his reaching
that age, his term then TO last for life. There
have been Judges (the late Daniel Cady for
instance) who proved their ability to do duty
when eighty years old and in special cases
the Office might justly be continued as IA reward
! for eminent services. Judges might also be
allowed retiring pensions, after serving twenty
years. Such a provision would obyiate the
necessity of paying high salaries in order to
command frst-cass talent. But we fear that
all these expedicnts will fail to secure such
Judges as we ought to have in courts elected
solely by the City of New-York


The election of the Supreme Court by four
departments would be some improvement upon
the present system. This city would then be
united with Long Island and the iver cOun-
ties up to and including Dutchess-a district
giving about G0,0O0 Democratic majority, but in
which it is barely possible (though We doubt it)
that an honest Democrat might be preferred to
| dishonest one We should be disposed to fa-
vOr division of the State into three districts, the
| New York district to extend to the extreme
north or west of the State. The political char
acter of the district would remain about the
same, but its moral character would be greatly
! improved.