New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-08-18
COMMUNICATE :0r The Tribune
.,ir,,Iand on the Administration Of Justice.

+ p,ye to- tie Dlsho,cS' Cl,,rf ~ Justice -
Tie V4a Bras Systea-Legal NattrlsH. al q
Discount Or KH6jctd ~ Isstim0a1 - TIE II.
yycq..d t7Ie-C6aaccs-4 ia England Nora
.SeoziG Canaan. d'c---WrS jameson On tbs
Court-Root 750ting II olt Of The StGs-J.enfiH1
t,stice-Lar G4f Eg7afg-J RJorn Decisions
TIE Electro clple-N 0msza',oas 70 Eiee.,rs
O1Fccs.
A!r- hIRkLAyDs statement las, week. deserves
a yer. careful consideration. The subject dis
cassed By him was Of vast importance 70 every
body, anu he has great experience and the conf
deace 0! large and iateligea, constituency I
can only refer 70 a few leading points IL his dis
course:
1t IS says he notorious fact that tie delags Of 51si-
tic CoVr- Of Chcucs7 cid The Supreme Court are
grea, 70 degiGi o. ps;i-e and 70
lead 10 al the ru.nous consequences which such state
OF things i always 70 bring n Is tram excessive
and ourIensoIne expenses the tota. los Of Just cls-
and Tie G'u7i run aad Insolvency Of stors n H01erae
Circumstances whose whole estates unEedue.iy
dependent on the result OF litigation thus pro.
traccd and il OF those Courts a. least almost IL
tcr!ninablc
For some years past the number Q: causes on TIE
Calendar OF the supreme Court each mss varied
from hundred 70 hundred ana generally not
eighty ninety hare been regularly reached and
argued. In the Court Of Chanccrv The condition OF
business Is Vastly have attended the OF
that Court Tor years II succession Or the purpose OF
arguing Causes issue. WHICH OlefI
eight years previously and up 20 the very last tenn Of
that Court have thus attended IN vain. Indeed !
heard the Chancellor within year past state 70 counsel
who desired 20 place me Chancery Calendar
that the success OF his application would be q. no a'tl
10 MIN, Tor i granted he would not reach his
years. lie might well have added that IN
The present OF business that tribunal. Il Herer
would be reached.
Ruined. ii IN moderate Circumstances by It denial
of justice in the richest State OF the Union nine
hundred causes on the Calendar OF a Court for trial
and only one cause in ten argued "a lawyer o; ern
hence Ike Mr. Kirkland regularly attending for or
years to get hearing for a client and as regularly
turned away "a Chancellor telling applicant for Re
dress that not Il! TEN YEAR would his be reached -
Compare facts like these with the efforts OF ia Wright
Martin Van Buren, Croswcl of the AIgIs and the calf
skin Democracy o: the state, TO prevent Convention
altogether because the pTcsen. not proper time
Not slavc.oHuer OF the South, not Northern dough
face from Mississippi TO Maine from Walker 10 Marcy
but sympathzcd with our EX-Frcsldent and ms sleek
and smooth colleagues
The Van Blirens. Nelson's Youncs Bowmans Birds
eve. Meals Sa.iord, Suthcrland- Wards. and Wheat
ons OF the majority the hour IN l-2l saddled this
tenn on the state the last Convention, and stuck 10 H.
Tor power peii and plumber 10 the last Let Messr- -
Conor Kirkland Richmond Nico, Harris Morris Ian
dcrs strong Patterson, Swackhamer and White IN Con
vention and The Tribune and Eve Pos; out OF H. eNhmt
the disgrace which such system this has reflected on
the state Let the friends OF ancient fraud be struck
here. No matter They will try some new scheme To
evadc Justice to their fellow men.
Mr. KIRKLAND bore testimony 10 the immense amount
OF labor performed BY the learned men whom the A.
buny Regency mad upheld, sometimes sitting as Chief
Priests in these false temples OF the Goddess OF Justice
sometimes leaving the sacred scales 70 DC poised Dy
needy brethren the robe the bench, and greedy
descending to the humble occupation oil ioldlns
and endorsing law papers for ne SAKE o. me ieeS lie
complained that the held a, places incon-
veniant and burhensomc 10 the poplc and ther Jaw
AGENTS OF whom he one fand has large pracuceAu
the special terms OF the two higher courts We're he sad
held Albany, and for the most rliins inouun me
LAWYER employed by the farmer OF Chauiauque' =
Lawrence suffolk has 10 come here or employ al
great delay and double cost. another lawyer mere thus
creating ncnopolIe- IN business detrimental alike to
business and character In ruth sli sad Ee) 'cst
courts have thus become almost sealed tribunals 20 all
who are unfortunate 10 reside near the Cap!tS
and the other three places where the Judges ST
Mr. KIRKLAND complains VI the separation OF tic I'll
preme Court from the Circuits so d!d Nh an buren,
because would Withdraw the Judges from the power
nt uublic opinion But this IN l-2t II Washington
In l-2l here he advocated the existing system voted
ior IL opposed the calling OF Convention to remedy
the evils he and Young and Nelson had entaed on the
country and in 1924 Washington, tired 10 turn me
Supreme Court of the Union into secluded Tlohs q
Revision. Ia
Mr. K1RK1ANp wishes that the Judge and Jury should
see the witness the stand. and mark n!s oF her man
ncr of giving evidence Who has had the power 10 stop
tho rerpetual violation OF TIL; rule here Tor the last -
wears The Marcys Buffers, Wriehts Flagss aud oiAef
Regency worthless who now with ther hosts o. s!eeuS
followers grasp both and Union and double Cape
Horn pzGTro fashion, Tor more p!llIdeT max DtO
cracy. IS more like Demonocracy
Jsg0l N0tiriSYl az q DISc0Wlt-Borro3ced London
Lac.
Mr.. KIRKLAND thus states his own experience OF
Chancery Practice.
Another evil Of great magnitude IS the present ene ~
ascerainnc facts in the Court OF Chancery Oy iAeHs
taking testimony before Examiners. more 0hous!y eA
pensve more d!!aiory and more nelce! sIS ;d
mode OF taking testimony cou.d scarce! DC - 49,
will dwell on the evils OF his system. u :
now 10 BY way OF Illustration ~ three Cases @
my own knowledge as counsel naHe q, ~. ' , ~;
charge cause the testimony III which extends over Heh
IL thousand toos; sixty or eghty Gays WeIe
sumed IN the examination OF a'i"gtf ;sl'les. anu @ -
neIs fees as known honorable gentleman now oe
fore me- (Nir. CAMPBELL OF Seuben who performed IN
part the duties OF examiner IN me eHuse We're ny e @
three thousand dollars In another cause Tue ooe were
three thousand and the examiners Zee. upward oil Twelve
hundred dollars and WITHIN me s7l es!1eeh Hlg' . d
cause where filed bill IN behuii OF poor q Ghlot't-
nate wife against hT husband 10y aI'oice ,9'
:Ae defence vas SO conducted oY 1lea ot .e
rg system s,ve!l the examiners fees Ia the amount
Sand foi'o5 hazard nothing III sayls ma 80 81. ~
could have been tried and disposed OF N an
intelligent ud ge and jury from two 10 ave days ad Al
uih.rg EXPENSE am aware that attempts MAJ az 80 I
made remedy this cvi by legislation; ou me- use
proved ahOT;lve Any system under the she.te aa GOV e
OF which such enofH,es oIn be peTperaed oHgh'io DC
abolished by The Constitution
Wherever this English Court Chancery exists, II IS
fearful scourrc 10 those who have any thing which
law can grasp at England keeps up ato:d patron
ace 10 the government and lucrative occupation 20 heF
poyonless younger sons OF quire oaroa and
Ireland ditto England Introduced :! '!;c anu ''V''-
in sb,,n, clothing gave i, new and Lldehned powers
England also introduced her Chancery Court into No'a
ScotiS and in August, 1896 Joseph Howe, Speaker OF
the Assembly thus describes /, IN the Nova Scocan tc
leading journal OF Halifax
In calling public attention tie absurGiles and horrors
of this seonlable tribunal. have rndeavoTed % rouse
attention the fact thai Courl where neither party re-
ceves here enormous costs accumulate un me
whole cause of aclien : swallowed uiin which delays
tolerated the purses OF gsnts are enPrd-ihelT
spirits broken, and their bodies consigned 10 ne grave
shi enlightened country, 10 DC condemned a.
nuisance aud either reformed with strong hand OF
swept with rs whole Of lssGii:ed p!HEGe from
The BODY rohtic thu corrupted bys impurities The pub
lie kcosv well that the lawyers who practice IN that CoG
are nearly ifrot quite guilty the Judge who pres!des
over They have shared the pluadeT among Them Tor
veaf--hcy have p.uckrd pigeon after Aaoher-tey
hsve estates ne.t away from their clients 10 sven
, stream their prosperity and With one sins!e
execution they have raised VOICE me people o.
Ih: danger or 70 efec, reformation OF absurd, yet
profitable, system
Ii rerchan, manufacturer credits 4. ersaia elr-
c,,ss.aacs> plausible knave $1,000 OF 100000 a. The
coupdre has to do is 10 employ able and un?rHcped
counsel carry thee into ChanceIy pui up shsi pleas
tc, MS Solicitor hishly-Snd the presiding deity OF
British shrine alike Westminster HaliiaS and Sara,
,o,a will engage ths, the Chancellor (as NJ! kirkland
I-na TsT