The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-12-31
Delays Of Justice.

The legislature assemblies next week. 1t will be
composed Of very many new members, fresh IRON
the people. The democratic party are decidedly
in the ascendant, and of that party, the movement,
or reform branch, have the lead. Their calling.
aud their opportunity for usefulness and distlnc
ton is, to remedy abuses or defects either in the
laws themselves, or in the administration Of jus
tce. One Of the greatest evils now prevailing
the delay in The adjudication OF cases by the Cours
Of Chancery. Will it be hastened in this age o.
prompt action and rapid progress-does this stir
ring and enterprising community realize the fact.
that FIVE years is the shortest period in which they
can obtain JUSTICE if circumstances should compel
them to resort to court Of equity for redress 2
Will it submit to this state of things much longer
or may we not apprehend that individuals will
take the law into their own hands, or that resor
will he had to Ivnch 10 W. ..sL-- .'.a. ina, 50 mon
sirous ian evil. amounting to denial Of justice,
will be enduredl
lawyers! They are too cearsigh,ed not to know
that the prompt administration OF Justice is the very
life Of business TO them. Could parties be sure OF
speedy decisions by Courts, they would neithe,
abandon their rights In dispalr, nor sacrifice then
in a compromise, nor surrender them TO lame and
unsatisfactory arbitration. To the lawyer, as Il
every other man Of business, the quick sxpence is
better worth than the slow shilling. Their feet
this would be more than made. up by the increased
number of cases.
4 Is the Of delay in the law itself, in the
forms through which it is carried into operation
Great improvements have been made in these, and
though room sill, remains for more, yet it is moi
here that the mischief is ranking. Are there
tribunals or iunctionaries enough or Is il in the
cumb,ons and anomalous duties of the courts, O,
the Incapacity, or neglect ct the officers, that thls
crying evil has its origin! We have Chancellor
and in the First Circuit Vice Chancellor, and
Assistant Vice Chancellor. Are these not enough
| in number to despatch the business before them,
or is the datorness OF their proceedings owing
| to their having business at Chambers that inter.
ieres with their duties on the bench ! Whatever
may be the cause Tor the vast quantity OF backwa.
| ter in these courts, surely a remedy can and must
/ be found.
| Should Chancellor Walworth be translated to
| the bench OF the United States Supreme Court,
| what is to become OF the mountainous masses oil
business now piled up around him Should, OF
| could commission be organized, or will II de-
volve upon his successor to decide the causes he
leaves unadusted and who, in that event, are to re-
| argue the II before the new Judgesl
| The Independence OF the Judiciary is undoubt.
edly Of the utmost value, but is It not great evil
that the Judges should be irresponsible? Ifelected
for life, or until sixty years Of age, they anne.
nable to impeachment alone, and that for NAL
practice only-mere neglect, or Partially, or SUI
pineness, however destructive or unjust to sutors,
| ia matter of conscience simply. But then, should
not this very consideration impose stronger sense
| Of obligation on those who have dedicated them.
| selves to the public service, to be jealous, con
scentous, prompt and untirng as well as impartial,
and upright in the discharge OF their high, and
| sacred duties Gro.