New-York daily tribune., 1846-01-20
, .s,, Reform-The Convent tiou

,rho following article is from the pen OF one OF the
L., .,a most respected Lawyers in our State
-, :, speaks as boldly and torcibly In favor oi
p.forn in our Judicial institutes as any
"a's of The Profession. This affords US an op'
1.D. ~ ssv that our correspondent who. few
P 10. objected to Ansel Bascom as law
-ssor,ner on the ground that he is Jaeger, seems
H.-,o cherish n very narrow and mischievous
,.-;a,cs How can the Laws be properly re-
f..,.d without the aid and counsel of those who
thoroughly anderstdnd the laws For our own
,hoprb srdently favorable 10 Judicial and Le
eal Reform we seldom attempt to amplity thereon
S.csnse of our imperfect acquaintance with the sub
-, Mr. Bascom we know to be thoroughly
:. honest and earnest Reformer although lawyer
,,d there are hundreds like him in the profession
soroe Of whom we hope will be elected to the Con-
venton there to aid in reforming our Legal system.
r,;s most mistaken though common supposition
thai LAWYERS are all adverse to Reform, or even
,ba, ibey profit by the abuses and defects OF the
-,esent system A few Of them may do So but
The better class injured and aggrieved by what
sver makes Justice dear uncertain and difficult of
attainment. A conscientious lawyer land there are
very many SUCH loathes the necessity which drags
him through successive years TO Albany, to Utica,
md nerbaps to Rochester in prosecuting just
claim or defending bis client against an unjust one.
Knayish. incompetent pettiioggers may be glad OF
any business which will enable them to charge
heavy bills of costs but the Bar of our State COM
orises pany very different men from these. Thus
the bill Just introduced by Hon. JOSHUA A. SrEN-
GER in our Senate to which his election will prove
something more and bettor than mere Party TIL
urnphl embodies the excellent provision that Trials
: In our Courts may be had without Jury by con-
sent Of the parties. This will prove an immense
saving of the time of Courts Jurors and all hands
We wish it had gone little farther, and proposed
that Jury shall be empaneled only when one OF
the parties shall request it. The Trial by Jury is
one of the most precious rights of the Citizen but
there is no need of resorting TO itno sense in such
resort-whcn both parties are perfectly willing TO
abide the verdict of the Court. Lawyers often spin
out the linked sweetness of their harangues in the
hope of touching the sympathies of the Jury, when
they would be far briefer if their only appeal was
directed TO the understanding of the Judge. Very
ofien the time of the Jurors wasted in trying per-
fectly simple case ia worth moro than the sum in
controversy. We trust Mr.. Spencer will press his
proposition, and will follow it by other propositions,
where his extensive practice and ripe experience
have indicated the practicability OF Reforms. Let
the People realize the truth that there are as earnest
friends of Judicial melioration in the Legal Pro-
fession as any where else. We should regret to
see the Convention made up mainly of Lawyers or
of any other class vocation; but we should
equally regret their rigorous exclusion, and should
apprehend that Legal Reform effected without
the aid of Legal Experience and Science would
prove Of doubtful utility But hear our Cores
pondent:
To IRE Editor Of TEE Tribune:
The commendable interest your widely circula-
ting Journal takes in constitutional reform induoes
me 10 submit for your consideration few brief re
marks this important subject.
II ia n law of human nature that the more any Ia
Guilty is exercised the stronger It becomes. The
greater the facility therefore for such exercise the
more rapid will be its growth. Hence Napoeon's
brilliant military career made the ruling passion
Of his time. 1t was peace and the occupations OF
peace that allayed this passion.
Those entrusted with the formation OF Govern
men, should reflect deeply upon these principles
For political constitutions ought to harmonisc with
the human constitution. thorough knowledge ol
the latter is therefore highly requisite for sklfui
construction of the former Tendencies to violence
should be avoided, for the more the passions are
aroused the stronger they grow The obvious ten
,lency of all human laws should be 10 restrain the
>''>
ments
In view of these principles, permit me TO make a
suggestion in relation to Judicial reform.
Cnder pretcnce Of obtaining speedy justice our
judicial system has been from time TO time greatly
enlarged Still we now find ourselves farther than
ever from this desirable object The truth is that
the passion for litigation has kept pace with the ex
tension of the system. Its administration is made
the most honorable and profitable employment. and
the present judicial arrangement seems admirably
o6n cd IN insD hp llluIOus
spirit; Such gigantic and imposing legal facilities
tend more and more to increase the number OF hti-
giants and to make litigation the predomiuang pas.
sion, and with many the main business of their
lives.
The remedy proposed is To cut down the system
TO the smallest possible dimensions, and simpli-
fy il in all its details Instead therefore OF in.
creasng, TO lessen the number OF the courts tor the
terms held In the several counties the greater
would be the calendar of causes nj each court. A
general discussion OF the various plans by which this
reform could best be accomplished would lengthen
this communication beyond n readable article. All
that now is intended therefore is suggest the bases
Of judicial improvement.
Manifold are the evils OF litigation. and with US Il
is fast becoming absorbing passion. IL engen-
ders bad feelings keeps the community in perpet-
ual state Of warfare, and Is fruitful source OF crime
Tho the people are engaged IN II the more the
desire increases for this kind OF strife and its attend
ant excitement Their minds should therefore be
Us much as possible turned from il. The system Is
a dead weight on the body polite. and its enormous
expense is maintained by the hard labor OF millions
Hence il should be made as economical as posi-.
bic. This grea, subject opens vast field for inves-
tiga,ion. involving human progress and the best
welfare of the people. My experience and reflection
has led TO the belief tha, radical change ought 10
be made in our judicial system upon the principles
suggested, b.
FRAUD on THE Press AND on THE PUBLIC
The tricks performed BY the NewYcrk Pilots for the
bened. of the Herald such cannot fail to subject
them to the censurc OF all honorable men. We learn
that Saturday the Pilot boat NewYork boarded the
ship Liberty Capt, Norton u, sea- and took from the
ship her letter bs with he promise to deliver the same
to her consenee Mr. J. w Phillips but instead OF de-
verins the letter bag the Pilot delivered on Sunday at