Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1846-08-04
COMMUNICATED.
LEGAL REFORM-NO. Q.

you have anticipated or rather announced
to your readers, yourself in favor of the i'm
portan, aud radical change to which had
alluson in my first number. need rot
say that | was much gratifed in learning
that your reflections had brought you to the
same conclusions tina, had arrived at N.Y.
sell on SO important subject as the abroga-
ton of all laws for the forcible collection of
debts arising upon contract. The subject
OF legal reform, is one attracting much at
ltention at the present time but the writer is
aware Of but very few who have advanced
so sar as TO advocate the complete abropa-
ton ofall laws for the collection of debts
upon contract, that is by prosecution TO
Judgment and execution and sale thereon
OF the debtors property. And although
public sentiment has been tending rapidly
TO that point for the last thirty years bu,
very few have comprehended the ultimate
result of things and are as,onlshed when
told that such is and has been the :endinu
of that policy in which they have acquiesced.
and that it cannot be stayed and should not
iii. could be. ] am aware that many will
start at such proposition when seriously
made, and ifthey do not denounce ii as the
emanalions of a class Of disorganizers, will
look upon it with dstrusf, and view ii as
calculated TO work innumerable injuries TO
the business community. There is always
a certain portion humankind in all ages to
whom the term, conservative, most properly
applies. They are such as arc satisfied
with the present order of thiags, have a
strong attachment 10 the time honored in.
sttutlons of'hei country, are always ready
to oppose all innovations and changes as
dangerous TO the existing state Of things and
are the strenuous advocates for vested rights.
and that such should be found amongst the
legal profess on is no more strange than in
the other classes Of society. That LAWYER
or Judge whose education and business oil
his whole life has been such as to lead him
to constant study Of the law with all its
maxims and rules of which he has become
familiar would start at a proposition that
should look like overturning and rendering
nugatory half those laws, maxilns and rules
which have come down 10 him as the pcr.
lection Of human reason would moi he pass.
ing strange, independent of any influence
ii might be supposed to have upon his in.
terest. That the business man whose whole
experience has been under the existing or
der Of things who has constantly relied up
on the law and the aid of his professional
neighbor TO enable him 10 manage his bust
ncssin the shape of the forcble collection
OF his debts should be startled at such q
proposition would be neither strange moi
unexpected, yet it is confidently believed
that when they come to approach the sub.
lJect and view it candidly and imparially, in
all its bearings upon society they will be
disposed to regard it in very different
light.
With that view would invite their at.
tenilon 10 consideration of the presen,
system and a comparison OF one in which
that feature should be stricken out.
In the first then let us see what are the
evils OF the present system which We wish
TO get rid of--in my former number re fer.
red to some ofthcm. Ipropose now to take
a more extended view of the whole. The
first place the business of the country is
much OF il done upon credit, much of that
credit is created relying upon the law on
the one hand TO project the creditor from
The loss Of his debt, whilst the debtor relies
Upon the law 10 shield him from the pay>
ment of his debts. The consequence is
Just such as might be anticipated, endless
litigation between debtor and creditor. A
vast amount Of the business Of the courts
and Jurles is taken up in settling small mat.
tiers of controversy between the p1ries
where The whole subject matter is the endea-
vor upon the one hand 10 enforce pay
ment and on the other 10 delay it. haze
not the means OF making an exact estimate
of The proportion which that class ofsuits in
our courts bear TO such as are really mat
tiers in difference, which require the appli.
cation of the sound principles of law TO de.
termIne the actual rights of the parties; but
think | hazard nothing in saying they are as
three 10 one If so, three (ourihs Of the ill.,
CATION land think the remark will apply
forcibly to our justice courts) and the costs
and expenses attendant upon the same is
the offspring of the law for the collection o.
debs.
Now ii will be readily admitted that a
repeal Of those laws will save oil the Li,i-
CATION and costs growing out ofihem, let
their proportion be TO the whole whatever
il may. Here then we propase a reform
which we say will dispense with over one
half if not oil three fourths Of all the liiea
ion and costa growing out Of il to the com
muniy, and SO much will be saved. Let
US now contemplate The subject q little