Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1822-04-13

Inert. No matte What their nature or
degree, when the Sds IS accomplished
the mischief is dotf, agaInst which the
law, in the one ca 4 and the constitution
in the other, sodgI to protectns.
4. A third obiedion to this law IS ia
ken from the coEtitution of this state,
which declares thai Justice and right
ought to be administered without sale,
denial or delay"
| The QUESTION meets US at the TIRES
hold, i" What is Delaye'
We may find The answer in The hlsto-
ry of ,hij clause, and We mayfind it in
the natufe Of the thing ITSELF
This clause is. taken from Magma
Charter, in which the king, whose courts
are ths fountains of Justice and Right,
declares that he will not deny, or sell,
or delay justice and right to any,
Tic reason, as we learn from the CO.
tcmporancous history of England, was
this, that the king had been accustomed
to intefere in the administration OF JUS
tice, and to issue his mandate to the
Judges to stay proceedings against nose
whom he choose TO protect.
"These Words" says L~fd Coke
/" have been excellently int5fpre'ed BY Ia
ter acts of Parliament hat by no means
Common Right or Common Law should
be disturbed OF delayed, no Z. though it
be commanded under the great seal,
privy seal, orhr, writ, letters, message
or commandment, whatsoever, either OF
the king or any othey, and that the justices
shall Proceed, as il 10 such writs, letters,
order, message, or other commandment
had come TO them"
We see here what this provision was
intended to prevent; end may justly con-
clude that il was copied into our consti-
tuition for the same purpose. The only
question is tbs, " on whom was 1t intend
ed to operate - On those, who but Tor
this restriction, would have had power to
delay the administrator of justice and
right, or on those who had itnot !. On the
former certainly. That is, On he Legls-
laure. Give any other direction to
the operation Of these words, and they
are wholly supephuous. The kings OF
England indeed acted by particular man
date, and the legislature acts by general
laws. But the evil is not less for being
universal. Thcre it was bounded by
the particular case of the individual
whose interest was favored; here, when
the views Of an individual arc TO be Ia
vorcd, the whole frame Of the govern
ment must be disordered, and all the
streams OF justice choaked up.
When we look to the nature OF the
thing itsclf, we are again told OF the oc-
cascnai necessity to modify remedies.
This cannot embarvass us, unless we
shu, our eyes to the distinction Between
Oeliberation and Delay. | have already
Incidentally remarked on this. But ii
the argument is unsatisfactory, if dclibe-
ration is dclay, then deliberation Itself is
unconstitutional, fer 3" Justice shall be
administered" says the constitution,
" wi,hou, delay" Let it be so; let justice
be done Dutwhat is justice? What are
the facts Shall we take the plaintiffs
word for them, Or send for the defendant,
the witnesses, and jury? The constiiu-
ton guarantees all this. This then is
not delay; yettime is lost; and shall the
defendant then be received to say that be-
cause he hasthus been indalged, because
he has baf,led justice by disirscnuous
denial of truth for a time, that for This
rccscn, and far no other, he shall be in
dulgcd TWO years and half longer. =
An extreme case is here put. The ie-
gisla.ure, we are told, might set the terms
o. court fifty years apart, and this, it has
been argued, would be constitutional. 1t
would be mos! unconstitutional abuse
Of the constitutional function, but there
would be no courts to pronounce upon it.
Ii would, in truth, be not so much vio-
ation as destruction Of the constitution.
1t would be dissolution Of the govern
ment; yet it is sought to justify this act, by
ikening it to that.
: But within such limits as the legisla-
ture may be expected to allow them
selves in prescribing the forms and sea-
sons OF dc!iberatlor, there is always room
to suppose that less time than is allow
cd would be inconvenient. But when
elaboration is gene through, and right
is ascertaincd, there is no pretcxt for de-
lay beyond the physical necessity of al
lowing some time to do what is COM
mandeel, and the obvious propriety oil
preserving a control over ministerial Of
liccrs, acting by the authorityofthe court,
Beyond this point all hesitancy is era.
tuitous, and is delay within the meaning
of the constitution.
Now what is here done! The cause is
tried the rights Of the parties arc in
vestigaied; truth is developed; justice
is ascertained; judgment is pronounced