Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1804-09-12
,r presedehts established By courts, are

totally uninte!hgib!e tn man ofgood En-.
glish education. To understand then he
must be deeply read in the iargon OF the
bar. This Knowledge only fails to the lot Of
lawyers and attornics-'rhey may be not
incorrectly called the Pythia OF the law
They are so many oracies, whose inter-
pretaiions are always just, because no one,
from the o'pscurity in which they are clad,
can detect their falacy. Is not tins II vast
evil! l, necessarily reduces all men to
state OF vasssiage to lawyers. Ii de
sire to buy or sell property, TO recover
debt or resist an unjust demand, cannot
take step without consulting u lawyer.
This does not arise from necessity. No
one will say that the tenure by which pro-
perry IL held is necessarily so diversified
OF embarrassed as not TO admit of a sys.
TEN Flaws, which might, in narrow com
pass, and in language Ineligible to the
meanesi capacity, prescribe competent
ru!es. Blu, 1T will be enqulred, if this re
form he SO simple, why mas it not been
made The answer is obvious. Oar pup
lie coancils have been swayed by protest.
onal men, az, un;il few years back, the
consciences Of Princes aud subjects were
under subsection to Priests. AS i'm the
last case 1t required the boh spirit o a
Luther to break the letters in which su
Perstition enslaved her devotees; so, IN
the hrst, 1t will demand the efforts of some
great and virtuous man, too firm in his
purpose to be awed by a host Of opponents,
20 produce reform for which The com
mon sense OF the American people is al
ready ripe,
| Having established a concise and plain
system flaws, by far the greater part of
tine Causes of litigation will be removed.
Honest minds VIII no longer be bewilder.
cd. Contracts Will be made inca pablo OF
mlsconstruction or perversion. The in
reference OF 4 body OF men, Interested in
the extension OF disputes, viii be superce-
dsd. By these means more than one
half OF the evilwiii be eradicated.
Having advanced thus lar IN reforming
the administration of justice, legisla-
lures will provide sfieclua means for car.
rying justice completely into effect. We
have seen that under the present system
this is oihy done IN name The reality is
never obtained. They will provide that
! every man, who claims frenf another pro.
perry unjustly withheld, may resort with
out any expense in the first instance to
the courts of juslice-Thus will Justice be
! placed within the reach of ths poor as well
| as the rich. Provision will be made for
prompt decision which, when made, will
cause Justice 10 be doue in so decisive a
manner as fully tocompensat, t e injured
party, and oil course 10 punish, @Ilh stuff
[ Gent severity, the man who has invaded
another's rights. For instance, est,mat-
! Ing the time during which a creditor has
been withheld from the enjoyment of hat
which appears 10 have been Justly cue to
| him, instead ct awarding The legal mtrre st
oil sig per cent. it will award fifteen or
twenty per cent. beng a sum somewhat
! over that which might have been made by
! the creditor by the use OF the property re
! covered, in common business. This PRO
vision can alone effectually insure iuli
| restitution Of property, and will alone be
| a sufficient punishment for iajustice. BY
these means, the great remaining causes
ct delay and litigation will be cut up.
None bot mailman will rash from one
| evil into greater. Contracts made will
DE complied with, hot fran moral ,I,rinc-
| pie, so indistinctiy feItby too laigc pond.
on OF men, but from The powerful and un-.
| ceasing inducements of interest.
One other provision viii be necessary.
In case of unjust suits, it will be necessa-
ry to allow high damages to the defen-
dant. Thus will many vindietve spirit
be cufbed in the indulgence of a criminal
reseni TUeHt.
AS connected with prompt recovery
OF debts, point of considerable impor-
lance has, for some years past, occupied
The attention of the legislature Of neigh.
bouring state penn. A strong impress
sion having been made that the Jury tGial
IN civil cases Is productive OF great delay,
expense and inJustice,a law has been pro-
posed, and has recently passed for SUBJ
hitting causes TO the arbitration of three
persons. Hence has arisen contest con-
Quoted with too much acrimony, on the
constitntionality as wellas expediency ofthe
substitution of arbiralions in the place Of
jury trials.
(/o be concluded in our merit.