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Kinderhook herald. (Kinderhook, N.Y.) 1825-1832, June 03, 1825, Image 1

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# NBERHOOR H e M l D l “ QUID'VEBUM' ATdBE DECENS, CCKO ET ROGQ,” K I N D E R H O O i y ^ , Y . F R I P A Y , J U N E 3, 1825. PUBLISHED WEEKLY. P. VAN SCHAACK, Jr. KDITOJl AND FROFRIETOR: - THOS. S. RANNEYi PRINTBA' a m m S OF THE kERALH ^ THE Herali ^ 1 be issued from the ofEce at two ‘ dollars per annum, payable. hRlf yearly. Papers will nqt be discontinued until all arrearages • b h ^ have been paid^. except* at tile discretion of the editor. ; Advertisements inserted upon the usual terms, and thuiie 'Which are sent without orders, will lie inserted until tbibid. (CF Letters to the editor must be Jest paid. r At a meeting of Members of the Bar, from different parts*of the,state, held at*the City Hall, N. Y.,*oa the 16th ult., to'take into consideration the remedy for the delays of Jus­ tice incident to the present judiciary system, Peter Jay Miinfo, JEsq., was called to the chair, and John Anthon, Esq., appointed se­ cretary. Thomas Addis Emmett, Esq.’, as chairman of the committee o f ten> appointed at a x>revi- eus meeting, opened the proceedings*, by ex­ plaining the plan of relief, which the conimit- tee had almost unanimously, he said, agreed. Upon, and which they intended to submit to the ^consideration of the bar. He stated further, !that the committee, as directed by one of the resolutions under which they were appointed, had communicated with the Judges of the Su­ preme Court, (the Chancellor not being in lown) and that a correspondence had taken place between them, which he read. The Judges, in answ’er to Mr. Ernmet*s note enclosed a copy of d resolution of the senate, stating, that since the receipt of it, they had not had an opportunity of conferring with the Chan­ cellor and Circuit Judges, and that in their o- pinion, previous to. such conference, any public expre^ion of their sentiments bn the subject of the fesblution of the senate, Would be improper. Mr. Emmet then read the report of the com- . mittee, which after having undergone some dis­ cussion, and been partially modified, was adopt­ ed by the meeting, with but one dissenting vc^e. It was thereupon , -^Mesolved, That a committee of five (includ- , m^thb chairman and secretary of the meeting) he appointed to present a merriorial to the le­ gislature, and to adopt such other measures as they shall deem necessary, to carry into effect the plan proposed in the report; and that the Committee- have power to add to their own >»-'iiiftnbbr. (Messrs. T.. A. Emmet, Roosevelt, and Cow­ drey, together with the chairman and secretary, Were appointed to compose the committee.] Resolved', That the proceedings of t)iis meet- ' ing be signed by the chairman and secretary, Ihd published. Adjourned. (Signed) PETER JAY MONRO, ’ Ch'n. JopN A nthon , Secretary. REPORT. The committee appointed at a meeting of ihe members of the bar, held at the City Hall on the 10th day o f May instant, to take into consideration the subject of the delays in the present administration of justice in the superior €ouft| of law and of eijuity in this state. Respectfully report, That they have given to the subject that attention which its instrinsic ,diificulty and its important bearing upon the Velfare o f the community, imperiously de­ mand. Your committee ate of opinion, that the judiciary system, as orgauisod by . the new 'constitution and the subsequent legislative m^ctment, is a total failure. 11 has neither les­ sened the expense, nor abridged the duration pf lawsuits, nor has it, except in some few in- kances, promoted the convenience*of suitors. .■* On til^'Cpntrary, the evils complaid^ of have ** increasing in number aiyd in magnitude ml imexarapled rapidity,^ ia |he of gry, about seven eightlni, «njl ‘hx'tiie Conrt a still grea*^ jawp^^rtion o f the are from to,jyp^ necessarily left Tho.Ai|V^;j||g0^4nmH of a suit in ikther of is ftom three to five' m, t|i^ pov/er o f a party so dispo- delay still more. It must dt such a state o f things cannot to continue w’ithout greatly im- alttO of property and bringing the “^ to discredit with the people.— ^ »f the Stop lah-^s, it will be recol- W one time deemed an evil so warrant the interposition of the r ftideral^constitution. And what, , __ ,:ee wpiildask, is the difference delays of execution and delays^ o f without which Execution cannot be ... A remedy, for these evils is, in the o f your commitieCi within the power of -.kture and does dot teftufte anf^im- ahkation of the constitution. They in having been able tb. come to this because it renders tbe period of _ less remote. Your committee then Hiat the following plan should be su^ the legislature as one calculated in i^lMDfoo o f the members of ihe liar to re­ ef the delays m the iMd- 4 • 1st. That there should be institute^ a Su- periot Court of Common Pleas, possessing con­ current jurisdiction with the Supreme Court, in Ml except criminal cases and writs of error, mandamus, prohibition and quo warranto—-that such new court should be subject to no appel-j ■late jurisdiction, other than that of the Court of Errors,^and that its members should be ap­ pointed in* the same manner, and hold their offi­ ces by ih e same tenure as the Judges of the- Supreme Court. . . , ‘ 2d. That the number of circuits should he reduced as soon as circumstances would permit, to four—^that being the lowest number allojved by the constitution; and that as well the Jud­ ges of Ihe Supreme Court and Common Pleas, as the remaining Circuit Judges, should try issues of fact arising in both courts, in all the counties of the state, 3d.* .That the equity jurisdiction of the Cir­ cuit Judges should be abolished, und that in its stead there should be appointed two vice- chancellors, subject (since it is so required by the constitution) to the appellate jurisdiction of the Chancellor. Your committee, iii the statements and sug­ gestions thus made, wish to he understood as in no wise casting censure upon the present Ghan- cellor and Judges. Their labours are arduous and incessant. It is the Judiciary establishment itself that is unequal to the increased business, wealth and population of the state. When a people become extensively commercial in their habits, and every species of property, both real and personal, is the subject o f pcrpe'tual change, and the passions are exposed to perpetual ex­ citement\ questions of interpretation, and of right and wrong must be continually arising, and as continually calling for the intervention of the judiciary department. Among a people thus characterized and thus circumstanced, and amounting in nuVnbers to more than a mil­ lion and! a half, is it noi unreasonable to sup­ pose that four men should he able to hear and decide, in some .stage of the litigation, all, or nearly ail, the important questions both o f Law and of Equity! We conceive then, that an. extension of the system is indispensable. It seems almost superfluous to add, by way of fur­ ther inducement to its adoption, that no system is so expensive as one that is inadequate, and consequently dilatory. The mere costs arising frpm the present delays of justice in the two Courts to which our attention has been direct­ ed, have l^een estimated at a sum exceeding one hundred thousand dollars per annum.—Not more than half that amount would be’required for the support o f the Judiciary establishment proposed by your committee, with salaries suf­ ficient to command the best talents of the state. It will perhaps, be expected of us to state our reasons for the opinion which vrp have ad- vancedl,-^that the proposed improvmnents may be introduced without resorting to another im­ mediate change in the constitution. With respect to the Vice-chancery, the se­ cond section of the 5th article of that instru­ ment declares, that Equity powers may be vested in the Circuit Judges, or in thS^ouu- ty Courts, “ or in such of ihe subordinate courts as ihe legislature may by law direct, mhject to the appellate jurisdiction of ilte Chancellor^* As to the erection of a superior court of Common Pleas, your committee would refer to the se­ cond section of the seventh article, which di­ rects that “ no new court shall be instituted, hut such as shall proceed aciofding to the course of the common law; except siich Courts of Equi­ ty, as the Legislature is herein abthorised to es­ tablish.” This clause clearly admits that the legislature has a general power to create new courts. The exercise of that power is only re- .strained so far as respects ihe course of proceed­ ing, leaving the extent of jurisdiction *of the new courts to be settled in whatever manner the wisdoiH of the legislature may direct.- We have no hesitation, therefore, in saying that a Superior Court, with jurisdiction con­ current with that of thp Supreme Court, may be instituted without having recourse to an al­ teration of the constitution. Must this new court,, however, he subject to the supervision of the Supreme Court, and the suitor he thus exposed to the delay and expense of two writs of Error ? Your committee think not The term supreme was not intended by the framers of the Constitution to express jurisdiction: it is merely the name of Ihe tribunal. Upon any othbr constructionthe Court o f Chancery, and even the Court of jjlrrors itself, woiild he subordinate to the Supreme Court.—There is then nothing in the copstitition prohiijitipg the legislature from establishing the proposed tribu- riai And it should be borne in mind that state constitutions, unlike thatj o f the Federal Go­ vernment, are constitutions not.of ^ant, but o f limitation j and that all powers falling within the legitimate sphere of civil regulations, are vested in the state legislatures, ikfoss expressly* inhi­ bited. Should dobbta st{li he entertained on this point, and should it ije deemed necessary, on constitutional grounds,^ to subject the new Court o f Common Pleal the appellate juris- djkioh of a tribunal intei^ening between it and the court of last resqrt, your committee would, in that case, reconjmend that such re- frictioni should be imposed upon the right of bringing a writ of Error, at should effectually, if possiUe, prevent the a h w df such rightA- States wgf There is also another mode of removing all During the same period the ex* doubts. Let the new courts he established and organized; and at some future period an amepd-■ ment may be introduced into the constitution, making the new Judges and Yice-chancellots members of the Court of Errors. Such an amendment would be short and simple In its form; would materially improve the structure of the Court of Errors, (while it gave to the new arrangement, at the same time, the stabi­ lity of constitutional provision) and would,.as your committee helieVe, receive the cordial approbation o f the people. Your committee, it will be observed, have re­ commended as a part of their proposed system, that the Judges of the Supreme and Superior Courts, should participate in presiding at Jury trials through the state. This, we beg leav*e to insist upon, as being in our judgment essen­ tially important. The minds of all men are sharpened and improved by active exertion-— and in no department o f the administration of justice, are the judicial faculties put into such prompt requisition as at JVisi Pniu.—-Thefe all new points are first raised, discussed and de­ cided: recent adjudications in other states, courts and places, are there, fol* the most part, first presented to the E|ptice of even the most learned judges. And we think it may be con­ fidently asserted, that they return from the. la­ bors o f a Circuit, bettor fitted for a term; but then their numbers must be proportioned to the performance o f their duties. The burthen of jXisi Prius trials should he divided among so many, that each should have ample opportuni­ ties for study and for considering the 6auses argued in term. Such an arrangement would,, as wo firmly believe, greatly advance the ad­ ministration of justice; but it is recommended to us also, by other considerations. It would tend to improve and preserve the respectability of the professsion. Even the most distinguished lawyers would find themselves checked (when check was necessary,) and stimulated by the consciousness that they were acting under the eye juid control of the chief Judges of the land. The same feelings would, still more pow­ erfully, influence the manners, habits and dili­ gence of the junior practitioners, whose first advances to reputation are usually made at AV- si Prius. The bench and bar would be more frequently brought together, and become more intimately known to each other, than can ever happen in the intercourse of a term. By that mofe intimate acquaintance, we trust mutual re­ spect and esteem will be promoted, and the dawnings of rising eminence be more speedily discovered, and effectually cherished. The confidence of the community in our judiciary system, and the general readiness to acquiesce in the results of Ihc Nisi Prius trials, (thus avoiding infinite expense and delay o f justice) would, we are convince^ be much increased by giving to the inhabitants of the state at large, personal opportunities of ascertaining what our judges are and may be; Under the continuance o f the pre.sent system, they would soon only know the Circuit Judges, those o f the Supreme Court would be entirely out of tho sphere of their. observation. A suitor, then against whom a decision at Circuit had been made, -would be often tempted, ti>heth- er he thought the decision right or iVrong, to take his chance that the higher tribunal, of the qualifications o f which he would know lit­ tle or nothing, might think differently from the Circuit Judge. And your committee believe that from this very cause an immense accumu­ lation o f business has already arisen since the establishment of the new constitution. But should the people, who under this free and enlightened government, judge for themselves, and generally judgeshrewdiy and correctly— should they have frequent opportunities, in their own counties, o f appreciating the digriity and deportment of the judges of the higher tribunals, while preriding at JXisi Prius, of de­ liberating as jurors on their charges, of observ­ ing their decisions, and o f witnessing their im­ partiality and industry; your committee have no doubt but that a love and veneration for the individuals, as well as for the esfahlish- meat, would grow up in the minds of their fel­ low citizens; and that no suitor or advocate, who had been often present at |ucb trials, would l|e inclined to protract litigation, by making a doubtful ana expensive experiment, and by ta­ king the chance whether the other judges, of whose learning and talents he was equally ap­ prised, migh| not possibly differ from their as­ sociate. j In conclusion o f their report, the committee would expi'ess their earnest wish and confident expectation (in which they believe the whole community will concur) fhat another session o f the legislature may not he permitted to pass' without the adoption of effectual measures to remove the existing delays, and to give to the people a judiciary establishment prompt and efficient in its operations,’’and adequitp to the increased wants arid resources o f tkn state. THOMAS ADDIS EMMET. Chairman of the Commfttee, ’ Jiifcs t RoosjcvEET, Jun. Seirettry of ti^ Committee. ♦ IMt>ORTa AND EXPOKT8. During; the jew ending September 30, 182/, the total unowt of imtert* into the Unjted |8O,«0,dO7 ports amounted to Leaving a balanc#‘against us of Including the above there Ivas specie importedUb the amount of^ ‘ ' Specie exported ; ; - Balhce itt our favour Of the exports the follovring are the items and amount of domestic produce, the remain­ ing amount of exports-being made upbf for­ eign produce and specie. The Fisheries produced i..umber ' * Ashes (pot and pearl) Naval stores, tar, &c. f Wheat flour- and biscuit Indian corn arid meal Rice ■ • * Tobacco Cotton \ Flaxseed Total . ' 1 I -nr , By the. above exhibit it wiH'be seenfhat the articles of Cotton and Tobacco con.=\titute con­ siderably more than, one half o r the value of the domestic exports of the United States. Among the articles imported, and of which we ought to furnish^ bur own supply, having the raw materials ih abundance at our comr 'mand, may be reckoned the following amounts: Manufacturers of Yfool do Cotton do Silk do Flax; do Hemp >•' do Iron and Steel Making a total of - - ^ 4 9 9 , 4 3 5 ' ' ^ The balance o f import, exclusive^of'spgcfef --------- —— w'as made up of the following articles: Wines, amounting to $1,050,893 Spirits 2,142,620 ,— { ^ I Molasses 2,41: Teas 2,786,252 Coffee 5,4S/,U29 Sugar . .. \ ' ■ • 5,406,663 Of the articles transhipped fo.foreign parts, and hence set down as ports of foreignprodace, the foUowinsr are the junounts: .. $0,555,973 • 2,162,299 l,blt;,325 1,560,622 68,865 382,292 2,923,079 998,168 the following are the lunounts: Manufacturers of Wool do Cotton d<y Silk do Flax do Hemp , . do Iron and Steel Coffee , ■ r ' ^ The imports andexpbrts were divided amon^ the several parts of the Union, as follows, to wit; Imports. Exports, 768,643- 900,195 . 245,513 1.86,383 15,378,758 10,434,323 161,854 208,253 1,388,336 872,809 . .531,510 575,852’ 36,113^723 22,897,134 637,618 28,989 11,865,331 9,364,803 1 Maine • 2 New-Hampshire 3 Massachusetts 4 Vermont- 5 Rhode Island 6 Connecticut 7 New-York 8 New-Jersey j , 9 Pennsylvania 10 Delaware U Maryland 12 District of Columbia 13 Virginia 14 North Carblinq 15 South Carolina 16 Georgia 17 Louisiana 18 Alabama 19 Ohio 20 Michigan Territory 21 Florida Territory The foHot^ing will 12,080 4,551,642 379,968 639,787 ‘ 465,836 2,166,18^ 551,888 4,539,869 91,604 L886 1,985 18,964 4,863,233 722,403 3,277,4641 686,783. 8,034,982. 4,623,982 7,928,82ri'- 4^0,727 whichour domestic exports are drawn^ Produce of the Sea, Forest, Agriculture, Mmiufactures, Uncertain, ; ■ $ l , S t o 9 0 4,889M ^ 38,995,19>v ' 3,264,421 X .1,888,245 _ Total, . . $50,649,500 t In trjmsacting all o f the foregoing busiifiess, x property to the value o f $118,709,673 was con* veyed in American vessels ; ^ i l e that ships PQd in foreign bottoms amounted to hut 12,488,834. • • The profits accruing to this country. hy.tJie ^ almost exclusive employment o f puf olYnsea* men Jnd ships will more than pay the balance of trade against us, tfikiiigthe' ^um total ports and exports for the data of that halaoco siuTtC A W A h TItaoU O lI CEKTRAI. ASIEBIC.A. A hill k through the House o |. Comomna foC T y focorpewatko o f* whose purpollpb to make a passa^ for jhipq from the Atlantic to the Pacific C|pe?'h tham%ii Ihe narrow country which connects North w i^ v South AinerK;a,----The . inUiMii«e advahtag# arising from s«ch an undertaking» appm eni to everyone who looks at amapof the woj*'* The loi^ and danfoifons voy ^ iw vast South AuMirkmi oontiiieiA.by Cag

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