New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-08-13

tics-Law FiciionS-1he WatCh-Tha Seven
teen wear Law-suit-The Twenty Thousand
Dollar Trial-White's Reso!nton-Three Mil
lions in Chancery-Murphy' Kings County Pc
iit!0n. &c. &C.
To Tie Editor Of The Tri5a'e.
SIR. But yet they that nave no science. saith
Hobbies. in his Leviath ch- > are IN better and no
bier condition with their natural prudence. than
men that by ,eis-rtqsosii.e, or ~ trusting them
that reason wrong. fall upon false and general
rules was reminded OF the above passage by
Mr. o'Conor's speech yesterday and by those oi
Messrs kirkland Jordan, TasSar and Ba>coHi- 20
day. Saving nothing OF those who Drgf BY the ~
,enatic abuses which here. as IN England bear the
name OF law think that no man who has reflected
on the subject. VIII disagree with Hobbies where
he saws that false and general rules adopted on the
recommendation OF those who reason wrong. leave
a people IL a worse condition than Il. without SCI
ence. they depended OF. tieir national prudence.
Blackstone IN his introduction. lays down this
general rule that the decisions OF courts OF Justice
are the evidence Of what Is common lawn the
same manner as in the cr{ lar. what the Emperor
had once determined. was TO serve for guide Tor
the future but suppose that Mr.. Conor, IN pro
posjD- 70 unite the Roman and English practice in
one court and Ia one system, contemplates civil
and criminal code as he does code OF procedure.
for Blackstone seeks to trace the EnGlshusages to
the voluntary consent OF the people and the civil
law had It's origin in the noblest OF Roman lib
erfv. long before the Theodosian code OF \ D. 81.
or that OF the Eastern emperors. as complied by
Tribonian
Much that Mr. o Conor proposes and much that
several other gentlemen suggest. vii be readily
recognized by the enlightened reader vine their
arguments are placed before HIM AZ tending 10 SIM
pity the forms OF proceedings IN the courts. and tn
secure SPEEDY decisions the merits OF the case
What can be more absurd than The declaration IN
common law court Compare 1t with the PLAIN,
clear narrative presented in French court and OF
which the criminal gets copy and l. called on 70
answer
The discussions are interesting In The highest
degree. and are listened TO with the utmost attcn
ton by the Convention. think all VIII 20 right
An honest and enlightened administration OF Jus
tee in the strongest fortress against foreign and
domestic foes which this State cHn erect May II
be The proud recollection OF the children and grand
children OF the Delegates that at the building Of
thar fortress OF freedom nsir fathers rcTc t4ert-
The argument oday, as YESTERDAY. was chiefly
on The expedency necessity re making III effort,
through the Legislature 10 blend the common and
civil law jurisdictions with their thousands OF Vol
unes of precedeuiS, 50 that, court. one form,
and that form the most plain and simple, should
afford a speedy and e;icctual remedy TO all
MIR WoRDEN ha, rot Vet spoken at length. nor
Messrs Brown Harris. and other able lawyers
To my rncarcr sketch o. Mr.. . COnors remarks /
earnestly invite the attention ol every reader.
Mr. O'CoSoR made some observations relative
10 the vast advantages OF having law ami equity
practice united and ON the eXpediency OF not
49, q. t,.,lri r,tftg h..r 80
il is probable that the Legislature, ii not prevented
by constitutional provision, would blend together
these two modes of practice. Ii the Convention
shall erect two distinct ava independent modes OF
jurisdiction II VIII perhaps b. beyond the power oil
In. Legislature to consolidate them. Tie had no
doubt whatever but that II was quite practicable
quite easy-to blend these two systems together.
Il brought into the same court by the names OF
Law AND EQUITY they would thus necessarily be
continued as distinct systems as long As the Con
siitution itself. With considerable experience. he
had formed an opinion that the common law and
equity 'Chanccry jurisdictions ought not 10 be con
tinued as two distinct and separate methods OF
administering civil Justice.
Mr. WoKDEN here asked question about bills
IN Chancery.
Mr. O'CoxoR The learned gentleman would
perpetuate these systems and provide different tn
bulsls and different judges The report before the
Convention brings them together and that hall
the Job
Mr.. WoRDEx That introduces the Civil Law,
of course
Mr.. o'CoxoR There are in the Courts of this
State. sorts OF legal practice, one called prac-
tice at Law-thc other. practice at Equity. BY
practice III Law, a party recover nothing but
sum OF money, 10 DO which he must adopt SIX or
seven forms OF action mos; OF which are fictitious
and these iictions the learned judges and Lawyers
understand but the public know little or nothing
about them Suppose a man were 10 rob HIM OF
his watch when leaving this Chamber, he could
wave an action for theft aud bring IN action
against him for the value OF the watch. ~ II he
had bought IL He could set torth-thouGh IN
value say $3.50, for the watch This being stated
in the declaration. OF course 1t would be false. aud
the thiet puts III his plea o. non-assumPslt winch
would be true as he had made no such promise
Vet there was no judge IL the State vi New orh
who would not instruct the Jury, III case IKE
this that he had right to wave his night to
criminal action against the tibet and treat nm as
ii he had reallg bought the watch found II his pos
session. and that he had right 70 declare on the
record that he did sell the watch, and that the
tibet had purchased II, and that the Jury ought TO
render verdict accordingly Custom had sane
toned this
Almost throughout the allegations il the dec!ara-
ton are false but JUDGES and lawyers comprehend
the meaning hese legal cons. and they instruct ths
Jury IN such Way 10 Obtain Ire end desired These
p!eaGln-s DoGied IN process OF trle ana y. tad
III, method OF pleading 70 % adopted lti>
wholly inadequate the ends Of justice and therefore
j. that W. equity Chsnceryl practice Inc clerical
Chanceors introduced INTO England from the continent
OF Europe ths civil law practice OF Europe, aJT n se
IN ou- Court OF Chancery- There : rule or form
whatever II relation that prsctce-the party
into court and states asks certain knd OF
lei and the Court gives him i re proves his case
The equ.:y practice thu. Introduced. and the Two
systems have crown up together Il the Revolution
l775 thcse jurisdictions administered II ire Col
0Ey-cquiry system, beng very s-penstre ss some
writer making great mistake, remarked meaning 70
say very z:l,sire Jurisdiction Their being kept
,eher ! most I.-scEieyUus II Ea-On - Europe
ceptG Britain do these different forms exist -ozeta
er TIE equity form sccOrd-E- 70 the clyi! law, %
tains Europe and me civilized world In Scotland
the common law N Use. There, L LOUISIANA
and IN some countries OF Eu-cpe. tey have NJ t-al D
ry and thst mode OF iIgl ls found 10 pe Just sppL
cable 70 he civil law equity . .he common av. n
every STATE II TIE Union except New YORK Nslsrsey
MARYLAND and south Carolina law sHc equity admin.
s,srei IN the same courts Law and equit admin
stsred :ceths. n British House o! Lords the
OF lasi ---o.c
Tne House OF Peer. hears sppeais trnnl zee scottish
Cou--<-,he CIV! law also from the English and I-sa
equity and Common Law Cou-ts-noas BIZ: law Lords