Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1846-05-05
THE JUDICIARY.

lie JUDlClAR L.
A late number of the Racine Advocate
has an article on the Judiciary upon which
we are disposed TO bestow few remarks.
The Advocate has recently suid many
things on the subject Of governmental re-
form, which meet our decided approval,
but the notions il eniertains in relation 10
the Jud iciary, are such as we must dissent
from. If we understand the Advocate
correctly, il proposes TO make O resort TO
the courts FOR the attainment OF justice OK
pensive, in order to discourage litigation.
On this subject tho Advocate says:-
ave observe that in Now York an off
ori is making to allow oil persons to go
into courts Of Justice without expense
To US this seems as certain a mode as
ceuld be devised Of ncreaslng-encourag'
ing--lngation, and Of taxing tho main
purt,of The people no, only heavily, but in
the wors, possible manner. OF course in
such case, every man who got in a little
pet would have recourse 10 court and Ju'
ry; and q large portion Of our citizens
would be called as jurors to settle the our
rcls Of their neighbors This kind of
cheap law would be the dearest possible,
and with an lily paid judiciary in the bar
gain, The spirit Of quarreling would be
very apt 10 be shared by bar judge, jury,
and the people at large. This would in
deed be a mode Of encouraging litigation,
a spirit that we all want TO see aba.e rather
than increase"
1t is true that great majority Of the dem
ocratic conventions in New York, have put
BILE reforms TO be accomplished by the aP'
preaching convention, is the organization
of the Judiciary in such a manner, as will
secure cheap and speedy justice. A great
majority of the demonratic presses in New
York have expressed tho same sentiment;
md with this sentiment we fully concur
We believe that system providing for the
attainment Of Justice with as little expense
as possible, is demanded by the spirit Of
the age, and is an important advance in
human government.
The effect of making courts expensive in
the present condition OF our laws, would in
our opinion be productive Of The worst of
consequences. 1t would virtually make
the courts accessible to the rich and deny
them TO the poor; it would give the wealthy
ltigant decided advantage over his poor
opponent, and compel thousands TO submit
TO wrong and injustice, because they could
not afford the expense Of a resort to the
courts. This is regarded as a most crying
evil in the state of New York; the expense
Of carrying suit through the courts in that
state, is ruinous 10 a great proportion of
those who undertake it, and it is known to
be amatler ofrrcquent occurrence for man
TO abandon just claim, especially if he have
a wealthy antagonist to contend with, rath>
er than submit TO the runous expense and
DELAYS of tho courts. OF what avail are laws
unless they arc accessible to ali classes
OF men? We say, better blot >hcm out off
the statute book or make them easily to be
reached by the poor as well as the rich
If laws are benefit TO the people, why
make the benefit expensive? We do OIL
joct to any judicial arrangement, which
puts the law on, OF tho rca h Of the masses
tho toilng millions, and leaves ito be
monopolzcd by the rich. Nothing can be
more rcpugnant to the spirit OF our demo-
cratic institutions, thrn, the putting Of a
high tariff OF laws. designed for the redress
of tho peoples wrongs and grievances.
That expensive courts would tend to los-
sen The evils OF litigation, is proven to be
uRtrue from the present condition of the
conriS in New York referred to by the Ad-
vocate. There is not state in the Union
that has such variety Of expensive courts
as New orG, nor is there q state in which
the burdens Of litigation are more severely
felt Court fees and expenses in the State
of Ohio arc not more than one fourth as
great rs in Now York, yet who pretcnds
that litigation abounds more in Ohio than
in New York? Court expenses in Vermont
Maine and many other states are an hun
bred per cent. less than in Now York, yet
tho evils Of litigation arc more oppressive
in New York. And now that the people of
tha, state wish Tor reform and signify deter
mination 10 simplify and cheaper their
courts--to secure the attainment of Justice
10 rich and poor with as lltlc expense az
possible, our neighbor o: the Advocate APP
ears 10 regard it as "cortain mode as
,uld be devised of increasing and encoura-
ing ljtgaion." Certainly if facts and
eccdcn's in the case of other states go
u any thing, such results cannot be nppre
,nded.
The most certain mode in our opinios Of
oing away with much litigation, is to re-
ace the fees Of all officers connected with
ae courts so as 10 bear just and relative
roporton TO scvices rendered in other pro-