New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1844-02-28
WOE. EgE. no. 271.

courts, that, if the Justice be man of character
and Of any knowledge OF law, juries are but
seldom called for, and never, viii venture to
say excepting where the party, distrusting his
case before the intelligence Of the Justice hopes
for success in the ignorance or corruption OF the
Jury. Sometimes, however, the Justice is un-
worthy OF confidence and then the party is COM
PEELED to run the hazard of Jury rather than
trust to the certain stupidity or dishonesty Of the
court.
One word more as to the institution of Trial by
Jury. The day has been when to the People it
was great and invaluable privilege and deserved
all the praise that has been SO repeatedly heaped
upon it. When of old, king and noble were prey
ing upon the People, with both Executive and
Judicial power in their hands, it was indeed a
privilege for the weak and the wronged to ap-
peal to their peers IN the defence Of their rights
But that day, sir, has passed No class now
needs protection from any other class, at least for
It's legal rights We are al equals as well IN
political power IS in civil right and all that any
man Of the people can ask is simply a prompt,
cheap, honest and intelligent administration OF
that law which he himself has helped to enact:
or rather, sir, the protection now needed Is from
the tedious delay, the ruinous expense, and the
lottery-like uncertainty of the present system,
which have compelled many a wronged maa to
slumber over his outraged rights, rather than en-
counter the peril Of farther sacrifice almost
certain to be incurred by adventurlng into our
courts.
In addition to the above in order the further 10
simplify and perfect our Judicial System, let the
Supreme Court, as above constituted, be invested
with the jurisdiction and powers OF the Court OF
Chancery, abolishing the latter court, the sepa-
rate existence OF which is as unnecessary as II is
absurd and burthensonle. Our present Court of
Errors might also be advantageously dispensed
with, and for court of appeals, the above men
toned Judges IN general session might sit regu
larly in the manner of the Supreme Court of the
United States, with legal and equitable jurisdlc-
ton, and decide finally all appeals brought before
them. This would free US from the many evils
to which the present system of appeals is subject,
particularly as respects the Court OF Errors, and
under the administration of law more simple, ex-
pedltious and economical, and also more uni.
form, enlightened and less liable to political and
other influences.
The changes here proposed may be startling
to some, bot surelynot to any clear unpreudced
and disinterested mind They are, as it seems to
me, nothing more than what the country de-
ulduOS, dilu tilSl suiOlJ iio'S 'AS OPiiA'O' "'iN
feeling of the People in their favor, far at least
as the People are awakened to the subject.
have conversed with many persons of different
classes on these questions. and l have not met
with single one who was not In favor of these
reforms and particularly of the reform of the
Jury system, with whose operation the People
are more familiar than with the more removed
working Of the Courts of Error and Of Chancery.
Indeed sir there ia sentiment among the PeO-
pie in favor of change, deep enough and strong
enough, when excited, to effect every thing to be
desired, although circumstances have not yet
occurred to call it out into voice and action But
let the matter be started by spirits of the right
Sort earnest, independent and determined men,
and easily, sir, by proper organization and system
of appeals directly to the People, might an ex-
preston be called forth of the public will irresist
bic to effect the reform.
1t is hoped, however, that the subject will be
taken up by our leading men and the press, and
proceed regularly by the action OF the Legislature
as the constitution prescrbes, until the proper
amendments are made. }. ".