New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-08-28
The Judiciary.

I've separate reports
The Committee 70 whom the subject was refer
red we're much divided II their opinion as 70 what
should be the form Of our Judicial Establishment
Hence the multiplicity Of reports and projects De-
fore the Convention
The public mind mas long since come to the con-
cluslon that any Judicial s-ste-n hersae! oash. 20
De radically different rom what i mas heretofore
been. The Cour- Q; Errors. the Supreme sa6 CoH1-
mon Pleas Courts, tie Court Of ChancerEF Win 81
their parapheClsis Of delay nTs.eFE' expense,
commissions Tor deposit transfer. Investment ana
payuen: OF moneys fees 70 Judges, C!erks costs,
and proceedings wherein honest men are chee'sd
on; OF their none ana sharpe-s are ia'teneG,
frauds perpstrated ought 70 De ioreve! eooisnrG-
Let the change De onplete and radical and lei Is
once start anew.
We are RED Up 70 the forms o: Judicial proceed
InCs and the examinations Of our CoaFts' winch
have been handed down 20 rs from the darA ages
and from g state OF society which existed IN tne
ieudal times Of the Nornans. Goths and anca.s
OF Europe.
Societv has become G:=srent-enligh-ened. an
the human :eniy 10 not any longer need the re-
srraints, and mysteries and expenses whoa we're we're
contrived Tor the a-istocraical systems OF the Oc
World
AL intelligent and honest mea EEL US, ina; our
present system Is directly calculated tor iFaud cr
contention Tor delav We may as well look
n the ensnslenens Of our Cou-ts as now organized
First cause ii j; steers clear Of sh!pwreck on on!
system OF orders ind coUTeer orders az Chambers OF
the JUDGE freaks and OF the entanEleecs OF plead
ing issue Of argon. a ready Tor TIA! after long
list Of payments the Judges. C.e-ks Soer1l and
LAWYERS Il called The calendar witness oT the
plaintiff or defendant sick. does not obey the sub
prna al the moment or Is called 10 Connecticut. OF
Pennsylvania business ne omit the uniortu-
nate party called 70 pay long oI! OF costs IN
Court or in default thereof ms cause runs down de
fault and udgnen; Is had against nm and the "Ao.e
Justice OF the cause lost forever
The poor honest man loses his claim. pays the heavy
Dill OF costs the : forever Dared rom a=A
hearing his in court ne -y out fortunate rascal
We VII now suppose The cause ;red 4 case Is 70 be
made a bill OF exceptions 10 oe taken stop OF an
hour by lawyer who = engaged II court arguing 4
Tor poor woman VINO i svndIed oui OF He
dowrv puts finale 20 the or bill OF n OF eXcep-
tons. But suppose the jury have not found 70 SUI, me
Judge trial new trlai + granted OF course and ue
whole OF the witnesses parties and their lawyers are
again put rack Ge through with the SUIT and
not to be run down and 10 drum up new testimony Tor
the fEnt
or suppose the Jury ind against evidence and the
Judge Ike hunlor the applicant tor new
thai from pque personal dislike 10 the law
yer 4 new maj granted on payment OF costs,
which often amount 10 $500 when the whole matter IN
roved NAV not amount 800. In all this there IS
large lis, OF fees 70 the Judges.
Our cause is ready Tor Judgment and the record
i fled but the defendant in the mean ine. mas
when he has been alrsady in the Court TWO years or
more This trial and orders and counter orderson
motions ana on counter morons-end IN Tx so days
Grace h. puts all MS property out - Ms ands
AMI the execution j. good nothing. Look AT our
books the City Hall and the thousands OF Judg
mcns iocketed which nave never been satisfied or paid
and the IDLE phantom Of obtaining Judgments on
claims attended besides with fees costs and charges
We are now in q Court OF Appeal. Here sharp prac.
ice will knock any cause, however Just. and
Y s+~a lsftf. ~ sf,l
record and heard the arguments OF counsel after tour
years long delay, they may affirm the Judgment II
the parties have died in the meantime because. by
the death OF either plant. or defendant the wit OF
abate- then if the judgment Is reversed The
cause goes back the Court below Tor new ria,
with DELAYS expenses, costs, witnesses, the hazard oil
tral the treaks of Judges and Jurors all attending H.
with the same routine OF new trials bills OF exceptions
wrts OF error and the hazards OF loss OF testimony ana
torgetiulness OF witnesses. We nave known III our
practice trials granted III one cause Nv" wits
OF error issued and eighteen years OF litigation over
matter which ought 10 have been decided in one hour
before intelligent honest men who wish TO 90 justice 10
the parties
Bur suppose the Supreme Court gives judgment, and
one or both OF the parties dissatisfied then goes
the cause to the Court OF Errors Here sharp practice
ngain NAV embarruss the cause, dismiss the whole OF H.
throw all the expense OF nll the trials below and the
costs OF the cause on an innocent suffering party but
if the parties get under WAY IN the Court oil last
resort now comes body OF men very much cntans!ed
with politics the doctrine OF expectancy mere reigrs
in ,hc minds OF large portion OF this tr!buna! be-
sides they now put when the question comes on
Tor decision whether shall have the house he ives IN
and paid for or whether II shall be transferred 10 VINO
wants it Beside the responsibility is now taken away
in the large number OF the Judges. They can vote
give reasons il they please or not sometimes 0yser-
champagne plum pudding and hne dinners ana otheF
imporunities help along the judgments OF the mem
bers 10 a conclusion favorable &c heir friends. Two
thousand three thousand and i've thousand dollars do
not pay the expenses OF the costs oil the lhganon
But have said nothing about the details OF he Coe'
of Chancery We will only say that any Court that
shows 100000 of money locked up in is vaults dc
serves 10 be abolished we hope II IL IN iar way 10
be
Now the remedies for OF these mischies appear
to be quite obvious ),
Fra Give our Justices Courts the authority to DO
pretty much all the law business OF collecting deiHa7
These Courts are under the supervision OF the people
They TO be attended with little expense ai'u are
expeditions in their operations.
Second Our Surrogates are cheap tribunal all par
ties can attend them settle their claims without the e%'
pese OF q prorracred litigation the Surrogates Courts
should be retained and the Courts Invested with all e
powers that the Court OF Chsncery now possesses IL
gard 10 last wills and te-amcnts Inc expense aIehu
nc Surrogate Court i very small con1parc" ~ TIC
amount OF business winch passes through ~ hands
! Third, We want Tribunal OF justice 70 psFvade
the whole State this CoJst should De hel N d!stIc1s
or counties Judges sufficient should De appointed 10!
the whole Stuc-;hrty ard even forty in number would
not he too many the system ought 10 De unique 'ne
same Courts and the same law tina. Is found N New
| York ouch; 20 De found n Butao-the same IN CHhu
tsuore a. in Albany or az Nou;auk Point AL special
courts Jurisdictions and tribunals ought TO be abolished
the law ought 10 be everywhere. ana the Courts
all alike We do Mt need any OF our old special urlsolc
tons and tribunals let have an uniform system
plain easy 70 De understood and Tree from the
charges OF Judges fees. Shers fees Clerks tees and
LAWYERS fees Il wishes 10 90 10 law let MN EN-
pov his counsel and pay him. and when party enters
cause lie, him deposlte small sum OF money ave ten
or fifteen dollars 10 60 into the County Treasury ana
when he files his judgment record let him do the same
and these VIII include all of his expenses except Wit
nesscs fees The moneys deposited Will pay the Jurors
Tor attending Courts. Judges, Saer1fs Crlsrs. Con
stables and Officers 10 attend Courts let them al De put
on salaries-then all Ike SANDER Assaults and
Batteries Malicious Prosecution cases ought 10 De nnay
disposed OF BY this Judiciary that belongs 10 the whole
Stale. trial
Now Court OF appeal.
This Court ought 10 be elected by tie People we
the judges OF the Supreme Court which have pro
posed organize and This Court ought not 70 be
tangled with legislative duae-hep. lar away from
politics possible their sessions ought 10 De open ano
al the judges whovoie should De compelled 10 put theiI
opinions and reasons for their judgments in writing
BE them with the Clerk- This Court OF Appeals may
De made up from the Judges OF supreme Court u they
elected in part and part By direct ofhe People
II convenient districts after the fashion Of one di-rlc
eecting Judge for TWO three I'VE years the case
Iay De. viii then have causes tried according
tue spirit and sentiment OF our People Whenever &c