New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-01-08
judicial Relorm-A Radical Proposition.
CLARENDON, Orleans Co. n. \.

Judicial Reicrm-A Radical Proposition.
CLARENDON. Orleans Co. N Y. Jan. !, 1916
To tic Editor Of The Tribune:
wish TO offer some reasons in favor Of extending
the jurisdiction of Justices Courts TO five hundred
dollars of abolishng the County or Circuit Court,
and having the one retained hold q term once year
only, &c In the outset would lay down this broad
proposition and do it without lear OF retutation,
thai any system which may be devised by human
wisdom, however plausible in theory, will be OBJ
noxous to the same grand objection with our pres
ent system, unless the new system provides way
for lessening the accumulation of business in the
higher Courts
Now, Sir. know of but two means 10 remedy
this CRYING evil One of these means has been
tried withoa, accomplishing its full purpose for
these eighteen hundred years. Deal Justly, Love
mercy has been enforced witk great power, alike
from the Pulpit and the Press for long time, yet
injustice and depravity prevail. Still, am firm in
the belief that the eternal principles OF right have
not made all the conqucsts they are destined 10
make in this SHINING selfish world Law litigation
is relic of Savagesm True, it is little more po-
lite and refined way of crushing each other than in
the use of the tomahawk and scalping knife, or by
dueling and dirng, bat the principle is no better.
The most of ii is seek revenge rather than justice,
and often brings great anguish into families nearly
as much so as garments rolled in blood
The lawsuits in our land make great stir, yet
the business adiudicated forms very insignificant
part Of the every -day transactions OF life and this
little is confined chiefly 10 few law gamesters
scattered through the several counties of the State.
For rough guess we will say that the business
transactions of the people of the State amounts to
ten millions daily. Sundays excepted; scarcely ten
thousand of which are settled by law-the great
mass passing oil silently and quietly. What pity
that SO small u mater should require so vast, com
plicacd and costly system 10 adjust 1t
So relative to our Criminal Code. But very few
individuals. comparatively are ever guilty of 4
crime Yet these few make more trouble and cost
than all the masses beside. Still Criminal Jurispru-
dence is more important than Civil On i'll the Com
monweallh depends for saely-tor protection OF life,
liberty and property
The County and Circuit Courts respectively hold
four or five terms annually in each County OF the
State The average length OF these terms we will
set at ten days, at an expense OF time and money.
saw $500 per day which would make up sum for the
State OF at least halt million year. for TWO Courts
only. Add 10 this the immense aggregate OF mental
pow CIR that is expended by Judges and Lawyers,
which if better directed, would do very much 10
impart peace. comfort and happiness 10 mankind.
And what vast sum To pay down Tor so small
consideration Can a remedy be applied
Lot every good citizen who desires the advance
ment of Society resolve henceorth, III every proper
way, to discourage, law. suits. Let each business
man. land all have some business it, that all
his business is done up snugy, that no occasion may
arise for sueing or being sued Where revenge or
rum is the ground OF suits or complaints, let Courts
and Jurics put finger SUCH Let Ministers preach
against il. and Christians persuade men 10 lrequent
the Meeting House rather than the Courthouse
to Zee the Minister rather than the Lawyer These
well applied may still tend 10 lessen the bur-
den OF the Courts.
If difficulties must continue 10 arise between man
and man. and there most probably will, let them be
settled in the cheapest aud shortest way possible
and this brings 10 the consideration OF The other
means which ! propose 10 limit aw-sults-somc oil
the tails of which long rs a comet the parties
usually being skinned in the process-and 10 dis
burden the higher Courts.
Economy and despatch should be the ruling prn-
cple in all the pursuits OF lie. Now that Jusuces
Courts are cheaper, easier OF access and shorter
than any other Court, will not be denied. That
their decisions just, and that they give more
general satisfaction than any or all other Courts be-
side is, / believe pretty generally acknowledged
This argument is anticipated by this paper have
TO, the number before me but some SIX months
since saw think in editorial type, this argument
advanced which believe correct. So far, then, as
The Tribune is concerned, this matter is put al rest
= Justice Court Will dispose OF business IN two
hours on an average which will occupy the County
or Circuit Court two days.
IL then, these positions are true why not extend
the jurisdiction OF the Justices Courts
Another reason in support of this proposition Is
that all matters OF difference between neighbors
should be settled al home. If parties cannot settle
their own difficulties, other men must do ii, and
should they 90 10 Albany or Washington, they have
only men 10 settle them there.
The power Of Justices Courts has already been
extended TO 500, and nobody hurt. Let ii again
be extended 10 $500, appeal allowable TO the party
feeling himself aggrieved only by calling in two
other Justices, and their decision be final up TO that
sum; and if this does not obviate the necessity OF
more than one Court in County and that 10 hold a
term annually only. let ii be still farther extended
Kill the whole arrangement shall harmonic. Let
the laws be simplitied and defined so that Law shall
mean Justice and Justice Law-so that the Magis
tratc may reach the right ofthe by the shortest
possible cut. Let The Court OF Errors be abolished
and Chancery likewise. Still, you may want some
where 10 test titles of Real Estate Contested Wills
&c; and these may be very appropriately confded
10 the Surrogates OF the Counties. Let all Judicial
State matters be conided TO Supreme or State
Court.
RecQpitulation.-I propose then, 10 extend the
jurisdiction of Justices Courts TO $500; all Judg'
1nents OF 500 and under TO be final. Appeal may
be made from judgments of 500 10 $500 by an
ngrieved party by calling in TWO other Justices, and
their decision be tinSl with or without jury. That
the State be divided into three judicial districts
Eastern, Middle and Western; Judge be elected
in and for each district perform the circuit OF his
district and hold Courts in each County thereof an
nualy; TO have cosnizance Of murder and all Peni.
tertiary offences; offences punishable by fine and
Imprisonment be triable By single Justice, with or
wiihou, jury, at the option OF the accused with
on, the intervention of grand jury all Judgments
by the Circuit Court OF $1,000 and under TO be
final all over this appeaab!e TO the Supreme Court
the Supreme or State Court to be retained as now
organized. or be remodeled by the Convention and
hold terms in ditieren, parts OF the State often
business may require. with ultimate powers over all
appeals from the Circuits Constitutional questions,
questions arising out of instructions and invasion,
trial for treason &c. TO abolish The County, Chan
cery and Court of Errors and invest the Surrogates
with Chancerv powers.
Thus. Sir, YOU have two distinct propositions 10
remodel the Judiciary System Of the Sta'e-one by
Seneca and one by SUBSCRIBER
THE Snow STORM OF l7I7.-The storm of III
shut people up as snugly al home as II they had
been locked in Those who were blockaded had TO
Il ala