New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1843-12-08
THE TRIBUNE.
cons,itu,,onal Reform-The judiciary.

mode of amendment may not lie inappropriate,
while the discussion of propositions for constitl'-
tional reform is occupying the public attention.
The Court of Chancery is to be no longer 'oie'
ruted as at present organized. Neither ITS Dig
nifty nor utility commends it to popular favor
1t but delays or perver,s justice, and We can only
preserve our system OF equity jurisprudence by
recognizing the Court.
IN the frs. place, then, let us get rid OF the
One Man feature of this Court, whereby errors,
infirmities and idiosyncracies are creeping INTO
and e1nbodying themselves with our system %
equity. Let US lberalize this tribunal Whch IS
sunk down into the narrowcss tcctnicahty' aho
become the mere exponent OF Taies OF piacuce.
Let us breathe the breath Of lie INTO our equity
system. and bid its dry bones "iivc" Let us
ea,;phtcn the conscience OF this tribunal improve
its manners and clevatciis tastes. Heaven knows
rye have reed to do this as we have need Of q
court Of equity.
How then shall so desirable q work be accom-
plishedY In no other way i, seems to me than
by the organization of Bench of Chanccllors,
10 be composed of eight or more judges, each OF
whom shal, be assigned TO some equity district
to hold courts therein. Let each Judge ride the
circuit Of his district, holding courts at stated
periods in each county. Let the witnesses be
sworn in open court as in the courts OF law, and
let there be trials Ivy jury III every case where
proper issue Of fact eau be framed for their deter
mination, and either party requires 1t. Abolish
the office of Examiner IN Chancery, with It's de-
lays and his expense, let living witnesses speak IN
court instead of through onerous chancery manu.
scripts. This would make a ue court of equity.
and the people, encouraged by seeing 1t move,
would bid il God speed. By and bye ii
would be popular and every body would wonder
at our patient endurance of the old chancery.-
After time, should it be debated whether we
shall not dispense with one of our two systems
Of jurisprudence, the popular mind would cling
to equity and prefer it to the common law.
Let an appeal lie from the decreesof each Chan
cellor to the whole Bench, whose decisions should
be final in all cases except those involving ques
tons of constitutional law. This dsposes of the
Court of Chancery.
The high Courts of the common law, it seems
to me, require similar organization. Let eight
or more judges of the Supreme Court, one for
each circuit, as in the case of equity Judges, hold
Courts in the Counties, after the manner of the
present Circuit Judges. Let an appeal lie from
their decisions to the full bench to be composed
Of all the Judges, whose decision should be final
in all cases, except those involving questions OF
Constitutional law.
With such an organization Of the Courts OF
law and equity most cases would be carried TO
final judgement IN one year; and II, by reason
of strength, any suit attained to the respectable
age of two years, 1t would excite the veneratlon,
no less than the justice, of our judicial tribunals.
AS to the Court of last resort, have suggest
ed that the ful' bench at law and in equity, shall
in their respective Jurisdictions give the final de-
cision in all cases, except those involving ques-
tons Of fundamental law. 1t seems not well to
multiply the chances of success in litigation 1t
works oppression in many ways. and defeats
grand point, never to be lost sight OF In Judicial
matters, to wit speedy determination Of con-
troverted claims. Besides, know not when JUS
tice is to be had on earth, if full bench of eight
or more judges, after able argument, cannot de-
eide Alright. There may be those who would like
to 60 to our present Court OF Errors after cause
had been determined by SO many enlightened
Judges, and might demand after that an appeal
to the people sitting in town meeting Legal
tastes vary; but still would dispense with tho
Court for the Correction of Errors, as at present
organized, for the reasons that have been urged
in several quarters lately, and in its place would
organize Constitutional Court and Court of I'M
parchment to be composed Of the Judges of the
Supreme Court and the Chanceors, who should
try all impeachments, and determine appeals in
cases involving Constitutional questions, coming
up from the Courts Of Lew and Equity.
And lastly, / would give ample salaries to the
Judges-far greater than they at present enjoy
and deny to them the taking OF lees or pcrquisitcs
in any case whatever. Shame, shame upon
niggardly public, that sturvcs its judges and com
pes them 10 steal their living by petty fees taken
at chambers Out upon such mcanness the
work Of miserable demagogues, who rob the Irca
sury In thousand ways and yet cry out against
the salary of the faithful and upright Judge, who
who is martyr In this state to the cause OF pub
lie Justice. He must neglect the decision of cases
and sit at chambers Tor hours each day to make
fees by serving contending Attorneys III matters
of sharp practice, lest his family should suffer.
No adequate salary during bis Judicial term, no
pension after sixty years drive hun from the bench,
and uRless he has meauly made his fees ut chaul-
bers-paironized rogues-granted useless orders
-wlnked Ut knavery, and contrived system OF
practice to get dollars by, he goes out of Office
beggar, without honor, sympathy or bread. Who
would not serve himself rather than people who
thus recompense thsr most faithful, laborious and
Indispensable public servants?
A clcrkship IN some District Court of the
United Stutcs-u Marshas Office, the place of
Assignee IN Bankruptcy, may be worth from ten
to thirty thousand dollars gear, and wise, vir.
tuous, and economical people let this pass. But
II the wises. and purcsl Judge in the State should
require i've Thousand dollars year as his salary,
and beg TO be excused from stealing at chambers,
fear the demagogues would make their fortunes
by the outcry which would be raised, Is it not
time we had a well organized and well paid u-
dietary, 10 be composed of the ablcst men in the
State I? As we love Justice, let US answer and
act REFORM
D We publish the foregoing mos, cheeriully,