1 Johns. Cas. 179 | N.Y. Sup. Ct. | 1799
We'áre clearly of opinion, that the' general sessions of the peace is in every respect to be ■ |*180] ^considered, as a court of inferior jurisdiction. In ' its original organization it was created an inferior Court, subordinate to this court, arid "subject to its cont-ro.l. In the colonial system it had no other pretension, and nothing In our constitution or laws has given it a different character.. New powers have been granted to itbut they were express
It has always been considered and treated as an inferior court, subject to the general superintendence of this court. Writs of error, certiorari, mandamus, and attachment, issue to it from this court. These writs conclusively show it to be subordinate, and prove the authority which has always been exercised over it.
It is fit and proper, that the courts of general sessions of the peace ih the different counties should be under the control of a superintending jurisdiction. These courts are wholly independent of each other, and if their proceedings were not subject to be here reviewed, we might find different rules of law and of justice in almost every county. This-would introduce disorder and confusion, and be inconsistent with a regular and uniform administration of justice.
The power of granting new trials can only be applied in a manner which precludes the possibility of its exercise being reviewed in this or any other court. It is a power of a very delicate nature, exercised on the motion of the party only. Its exercise in practice does not¡ and frequently from its nature and difficulty could not, be made *to appear [*181] on the record. If this power, therefore, did exist in an inferior court, it would exist without regulation or control, and the idea of an uncontrolled power residing in an inferior jurisdiction is absurd. 'The jurisprudence of every country requires a regular gradation of courts and a common centre of judicial power. This is essential to its existence, and to preserve consistency and harmony in the administration of j ustice.
Besides, this is a case of felony in which considerations of policy and expediency would prevent this court from granting a new trial. In such cases, the usual course is to recommend the convict for pardon. It is, therefore, an instance to show that the power of granting new trials if vested in an inferior court, would probably be often very indiscreetly exercised.
We are, therefore, of opinion that a mandamvs ought to be awarded.
Rule made absolute.
The opinion of the court in this case is reported in 2 Caines’ Cas. in Err. 319, rather more fully and explicitly, than it is here given. No apology lis required for inserting it.
" Per Curiam, delivered by Kent, J. Let the mandamus go. The sessions cannot grant a new trial upon the merits. It is a power not exercised by this , 'court, after verdict in cases of felony, and perhaps it is expedient it should not be. This «court had by its original constitution by ordinance, the superintending control of all inferior jurisdictions within the state, and this power bas never been taken away. It has been from time to time recognized by ■law, and in constant -and vigilant exercise. All courts within the several ■counties have, from the first foundation of our judicial system, been regarded by law and by practice as inferior courts ; they can be compelled to duty by ;a mandamus ; they can be restrained from usurpation by prohibition.
Prohibitions are ex debito justicies, when an inferior court acts without jurisdiction. They will lie to courts martial. See the Case of Grant, 2 H Black. 69.
“I am, with perfect satisfaction, of the opinion, that this great and transcendant trust, rests solely with this court; a court which the constitution and law has taken care so to organize, as to contemplate it fit and competent, for the due and safe exercise of this very delicate power. We cannot alienate . any part of our trust; we are responsible for its safe keeping, and that no waste be committed On a power we hold for the security of our citizens, in their liberties and estate.”
“ This decision rests on the undoubted principle that it is the province of the supreme court, to enforce obedience to the statutes, and oblige subordinate courts and magistrates, to do those legal acts which it is their duty to do. Upon the same principle rest the decisions of Fish v. Weatherwax, 2 Johns. Cas. 215. Haight v. Turner, 2 Johns. R. 371. Sikes v. Ransom, 6 id. 279. Horne v. Barney, 19 id. 247.” Per Tracy, Senator in Judges of the Oneida C. P. v. The People, 18 Wend. 79, 95. See also note to Fish v. Weatherwax, ubi sup.