The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-02-25

Evils I'm the Administration or Justice In
our Country.

Evils In the Administration OF Justice In
our Country.
Our government Is called "model republic"
by the friends OF tree institutions, and is the sub
jsct Of animadversion and dlspraise by the mon
archsts and advocates for arbitrary and tyranical
forms and systems. Our free institutions excite
the admiration Of the friends OF liberty all over
to the people of our, country, as they ma
tured by experience, and as their blessed effects
are seen and felt by the people.
We are justly proud OF our Tree institutions
The only free government on the face OF the earth
will contrast her political condition with the ma.
tons around her. and that Comparison and con-
trast will increase her love and affection tor her
own free institutions There are, howeyeT' some
evils to be remedied. We wish we could speak
the same language in favor of the administration
of justice in our country that we have just used IN
regard to our free systems OF government We
have reason TO feel proud OF the administration
| of our ta,us. comparison in this respect, with
! the administration of justice in England and
France, would not result in opinions favorable to
our own superiority. We fear, very much, that II
| the comparison we should fall behind them We
fear that justice is less certain here than there. II
this be so, the question is naturally asked TO what
is this state OF things owing Why Is the ,ad'
| mlnlstratlon Of the law less certain here than
there We will proceed to state what we sup
pose to be some of the causes OF the evils here in
the administration OF justice. In the first place,
we will notice the absence OF form and ceremony
in our courts of Justice 1t is a mistaken notion
among us, that these useless things. They are,
in effect, matters oil substance, and have most
salutary and restraining influence upon the people.
In our southern and western borders where there
the whole course of proceeding, from the Judge
down to the tipstaf and sweeper and buster OF the
court. Tumult and disorder prevail, quarrels and
fights take place between the parties engaged, and
| even between the counsell
Almost every newspaper we open from the south
and west is filled with narratives OF disorder tur-
mos and riots even the halls of justice are desc.
Grated by brawls and fights. These things are
great measure owing to the cause we have just re-
terred to- They are to be attributed in "a great
measure to the absence OF form and ceremony IN
our courts of justice. In Great Britain and in
France, and indeed in all the States of Europe, the
influence of form and ceremony is felt and admit
ted The Judge is alfred in the robes of Justice
He takes his seat under the canopy OF legal power.
All the forms well calculated 10 strike the great
mass OF attendants with awe and respect. They
seldom or never have disturbances or disorders in
their courts of justice. Here they are familiar
and increasing. To what can the difference be
owing but to the cause we have lust mentioned q
In this country the Judge sits upon the bench cloth
ed in the attire OF private citizen. There are no
imposing forms or ceremonies from the commence
ment to the end OF the process. The consequence
is the want of respect in the audience, and an en-
tire absence of and fear among the suitors and
persons about the court We would have this evil
corrected. We would have more form and cere-
mony. For in such case we believe form and ce-
remony to be matter OF substance. We would
have the judges clothed in the robes of justice. -
We would have strict formality observed in the
proceedings of the court. And we would have the
| least Ievy and ndecorum Immediately and GER
tainiy punished. With these reforms in the adj
| mlnlstraon of justice, we would so great way in
eradcating The evils we have been speaking of
| and would have as good ground to claim the res
pect of the world for the salutary and pure admin
lsration of the law as we have for the exceliency
| of our free institutions.
There is another evil in the administration of JUS
tice we wish to notice 1t is one OF considerable
magnitude, and one that calls loudly for reform
1t Is the abuse OF witnesses In our courts OF justice
The object OF testimony ID the development o.
the truth OF the case, IN order to enable the conr
and jury to decide upon it, 1t is OF two kinds, verba
and written. In various courts of equity,
written testimony is used to develope the truth,
but in common law Witnesses brought
upon the stand and make verbal statement of the
| facts before the court and Jury. There has been
| much discussion to which is the best mode OF
proceeding TO eucidate the truth. The people seem
| TO prefer the common law mode, of verbal testl
mony, given In the presence OF the court. But al
the writers upon evidence agree that whether this
be the best mode or not, II must, by no means, be
| abused, or II will become an instrument OF 0ppres
sion We have seen many instances where wit
nesses upon the stand have been grossly insulted
and the privileges of the court grossly abused -
The object of the proceeding is to investigate tn,
| truth Ot the case. And we would ask the counsel
the court, and the people, whether this object car
be obtained by brow-beating, bewildering, con
| founding or irritating a witness II the motive OF
! the proceeding be simply the truth, how we
Justify the treatment OF witnesses, that we almost
daily observe In our courts OF justice II is very
general, but mistaken notion, common to members
OF the bar, that their duty TO their clients require
| OF them victory against their opponent, by al
| most any means. They forget that the object OF
| the trial is the discovery of the truth, and they do
| not blush to excite, bewilder, and confound the
witness for the purpose of obtaining a victory a
| tha of io Ill
and should be remedied. A man of pure principles
| and conscientious heart would consider and &C
upon the rule.that trial or legal investigations il
| a process for the discovery of the truth. A mer,
instrument to develope the facts of the case, ant
! to which all other considerations should yield -
He would consider his duties to his client as secon
dairy 10 this primary object of the administration Of
| justice. If the members of the bar would take
| this view OF the subject, and proceed upon thu
principle, the reform, at once would be completed
| and many OF the evils Of which we have been com
planning, would cease TO exist.
There is another cause for some of the disorders
in the administration Of justice in our country, anc
for which perhaps there Ia no remedy but in the
| intelligence and virtue of the people. Our udicia
| systems new and peculiar. In England, France
and in the different states Of Europe, there is ,
judicial body pervadng the kingdom from Tn,
highest tribunal down, IN consecutive graduation, Il
the lowest. IL Is a compact body, one Of the de
| partments OF the government. The last and high
7st tribunal supervses and corrects the proceeding
prevail among them. But in this country the case
is very different Here we have very great mum
Der of independent aud uncoDnected State Judica
tories. entirely separate and independent Of each
| other. We could hardly expect uniform cours,
| Of action between tribunals various and indie
| ,endent OF each other, as the several State trbu
| ials are OF each other. That this state of thing
mas some influence IN promoting irreguIarity anc
disorder IN our courts Of justice we have doubt
We should like 10 carry the reforming principle
little further. We should like very much to AID
| in purifying the bar and even The bench In ON
| Judgment, no should make the administration
OF the law instrument Of pccuniary profit 49,
Higher objects and aims should pcrvade the breasts
OF those engaged IN the administration Of Justice.
And TO improve the profession, we would banisil
poverty and ,canf from It's ranks. II should be
made less accessible We love and respect the poor
but, still, it is no place for them. The avenues
Of wealth and honor open 10 them as free an 10
the rich We would have no restraints or dlsabili
ties upon any order or elias. Of persons but we would
keep the fountains and streams Of Justice pure and