New-York daily tribune., 1845-01-30
Sfnte Reform.


made prominent in cities and in public gather
ings; the Legislature and the Caucus have been
still about ii; but back in country towns and
farming neighboIhoods, that portion Of the CHI
zsns accustomed TO take independent, original
views OF public matte,s--who have ideas beside
those derived ftom their party or their newspa-
per-haye been, in many sections, inquinng into
and discussing the subject of Constitutional Re
form. A great primary impulse to this move
ment has been the confessedly deplorable state of
our higher Courts of Justice, choked with ltiga-
tion which fingers from year to yesr and ruins
clients by lis enormous expensivenesa without
bringing their suits to conclusion. Vigorous
efforts have been made for retrenchmeHt OF the
costs Of legal process, aud with partial and
temporary success, bnt the last Legislature un-
did in good part the retrenchments made by that
of l840, enhancing the taxable costs very essen
TALLY. We do not decide that this was wrong
though much inclined to do 30. The reform
needed must 90 far deeper than the deduction Of
few cents per folio frum the items in lawyers
bill. What we want and must have is the SIM
ph6cation and retrenchment of legal processes.
Our whole system Of juaica,ure needs recast-
ing. Ths Legislature has no: power to do what
the People need-at least, not in the way 1t may
best be done. 1t has tried making mora Courts
more CbancelIors, more Judges, until The most
sanguine must confess that the experiment has
failed. L.wsuits remain asintermin abIe as ever,
whIe bills of c,st grow larger and more abun
dant. The Bar is put to great expense Of time
and money by the delays OF justice, for which
the People must pay. lawyer is called to
New-York, 10 Albany, to Rochester, 10 watch
ing the case Of his Client, aod pcrhaps in three
terms has not been able to obtain trial, while
the expense has been enormous. The practical
effect OF this il denial of justice TO all who
cannot back their claims by long purses.
Lot US illustrate this point BY facts: A lady
of this City sues for divorce, on accoun. Of the
fragrant and continual in6delisy of her husband.
She is ready to provo the charge by scores OF
witnesses. But the husband has money, and can
afford to spend it, and is determined that tho di-
yorce thall not be granted. So nc employs
sharp lawyer, and, on the first decision made by
the Master in Chancery to whom the preliminary
inquiry is referred, he ercepts and takes the case
up to the Court Of Errors. That exception,
skifuLy nursed, will last three years before the
last formaIity of the law is satisfied, and the
case goes back to the Master. He recomnences,
but on his very next decision-no matter what
the defendants lawyer ezcepts again, and leads
just such another dance up to and through the
Court OF Errors. Only let his money hold out,
and the defendant can stavo of the decision for
hunderd years. Such are tho beauties Of Law
and Equity.
Take another case Tom Nokes, perfectly
worthless, irresponsible character, sees fit to sue
you for libel. All yoo have to DO is to step right
into Court when the case comes on, and rebut
his testimony, if he has any, or at any rate show
that you have not libeled him. But this the law
will not permit You must put in ples-that
Is, you must employ lawyer-although you
know the expense must fall on you, and that
your prosecutor will never venture to trial. and
has no case if he ahould.
Again: A ho,se.doctor kills your horse by
ignorance or quackery, and the law holds him
responsible to you for the damage. But lawyer
loses your case through incompetency, and The
law gives you no redress whatever. Very often
is client stuck for heavy bill OF costs which
he would have saved but for the ignorance or
negligence of his attorney, but the law orders
him to pay it up and hold his tongue. Nay,
more: the Judges are appointed and well paid
as men thoroughly versed in the laws they e1-
pound and administer by authority. Bat the
Judge often proves incompetent and grants
nonsuit where he ought not or grossly misdirects
the Jury with regard to the law. The case is
appealed, and higher Court correc;s the error.
Here is justice delayed and one party saddled
with costs amounting 10 hundreds Of dollars
all BY the incompetency of functionary whom
that party had Ho hand in appointing or selecting
for this duty. According to all analogy and all
equity, the Judge should pay the cost of his own
hunders, the same 40 the horse Doctor He
shrks it from his own culpebe shoulders TO
those of an innocent party, because lawyers con-
troll our Legislation and horse doctors 90 not.
These are but rude hints as to the necessity of
a thorough Legal Reform. hundred columns
would be required for fall discussion uf the sub
ec,. When such Reform shall have been ef.
fect,d. the present absurd yet significant dls,iuc
ton of Courts of Law and Courts of Eqaly will
bs needless and will terminate. We can then
spare great many lawyers ints other spheres OF
eff,rt, where ,her talents and ingenuity will
prove more useful and better appreciated than
now. We have little faith in low fees as bar
rier agains, legal abuses; the profession of Law
should be liberal one and should attract able
and clear heads. Halfstarved lawyers are the
scourges of a community. Not less pay foE the
same work bu: fever and simpler forms, shorter
trials and uniform p'ompltudo in the admins
tra.ion of Justice are what the public is arousiug
to demand. At the same time, the propriety of
compelling the People to employ a particular
class to conduct their legal business-in view of
the facts TINT many members of that class are