New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-08-19

vyat ne Who'll Of RatabCrs pccunisrT Etis.r- we're
rlils-v settled L eighteen months The Aszl-1ees
- N order in Chancerr that 81 who sd c.sils should
seni them in and prove them before the Ass--rces
r-e.7irlej Had suits said ae been 5rOu-h. n The
dina-y legal tribunals Il the usual legal Wa, CO taese
complicated and extensive Transactions. THEY NEvEs
Gould HAVE BEEN SETTLED The remedy, was tas 40
=encc Of LEGAL crscs
When the Bar and the Bench desired 20 settle 1900
deDts amounting 70 three millions, Wiz tce da.av or
expense, they easily and speedily succeeded When
legal aGns desired 70 make = 100 - $1,000 ont Of
the rc.,:oTtEes Of commercial o. manufacturing a-
and g.; the expense o.; The farmers WHO had heavily
trusted that firm 70. yIea: * seven fice Caanceiors
were ready 70 lend their aid and me feeble E-ui;T
Laws and EQUITY Judges Of NeyY-York made costly
job Of tc tlaE-SjC01 $5DJl. This i no. the " .s
doctrine o: 7tta.= = not one O. ne Na-- pT-hc.es
fo- the axe Of which the Cn.ons hir..Ads, AeaE-ses.
Patterson Spencer Norr!-e-. Harrisoi!' Canpoel--
and other bold brave and true =pFlts Oh oy gone age
deacd the proudesf Nation on earth iAey o.H Io'
perl lie aad property 70 :rec .1eIH-e!Fcs from loTe-t
orrc-io IL order ~: ;bcy might .ar both "a; ;ac ett
OF al organized dominant; legal o!ea-cly al nome
From - 20 20 tho lawyer body have had both
the means and tho power reform tne avs which q?
press their country T.ey understood a.e;fag but the
Of tbs science Il; law while every other &C.
cucc progressed made heirs greater Iny-;- because
rE.niI! they raised .os. By -f-ac!a- oi
wrhcra;t Whenever reform was seriously urged Can
anything be dcrediiable 70 the country the Legal
profession and the aye than Me-=r Kirkland and %
Cuuars manly statements BGt their story is an old and
a -tac one -. bold and re-Gu'" N condemn
v.uiiou were Ike those OF l-i6 one pea i 20 an
other bat the Van Bgrcns Nelson's and other adIot e-
-l manager and aspiraut- OF that day kept up tie
-cOurcc OF Courts ana customs such - are mere as4
described and while write substantial recurrence
old .yse Il existed previous 10 l-l ! being
advocated the floor vi the Convention. ~ the one
tain- ueeGfu Let the Courts u the City Of Nc" orh
aiouc-make no change IlI- i the language OF an en-
iucut advocate who has the floor and 70 says the
Loco Convention your City and IL organized
Gordon OF well-fcG lawyers Well -ald De IOcqurv!..e
bf M ~ Ulf
iitis tdred-5i nis y1rtg extends rdo community
and gcerqie. into al CLASSES ~ soc'0y n dft' upon ic
country gny0cYbi hut rfaaAyJ fashions 20 s'HtN Pr-
pp'c,.. -p. pot.
Col DUANE Of Pennsylvania toe friend OF Jefferson
and OF Clinton aud the father OF Nr. Duane who. N
righteous noDy withsio0d Andrew Jackson. whln
he Ha- ,,ck.dlv prompted hy ihe Regency and Martin
Van Burcn. Col Duane IN his aurora IN l-u-' linus
spoke OF the reforms then anticipated
The state Pennsylvania bright dsys before her
The qbrogafion OF the bataron> arson and The oous and
abUmuIBb.- patton OF legislation s7ta0h ia under me
of Trecdept', udcia deeisio'' ana ne dcid OF
rcss. judiciary and Jpsqndence sc trsi VIII De among
tie fr-' measures Of c'od-1oFpsr pdrluns'ration.
Great i Diana said the Town Clerk. steady a. time
the Bench aud the bar united IN resisting every radical
Reform. and Pennsylvania left The Legal Profession.
pnfyrf rGED ike the PtcraCc OF England and IT. old
Trades Interpretations. The professors OF Law stood
v their order STAYED oil what they could OF the reality
OF Improvement and were bu, too successful III me
long
or their steady opposition here and IN England ana her
co!oIe. TO Law Reform frankly admi, that Ike the
learned Barrsters this oor "hO have pointed out the
terrible workings OF the present system the most emf
ncn, friends Liberty and Progress have been Lawyers
JEFFERSON BENTHAN CLINTON. MAcHINTo5H, NADi-
son BHouGHAi and hundreds OF others OF the noblest
spirits OF the present and past were privileged
LAWYERS but as BODY their Order Is inlnca 10 human
Freedom and Progress and 20 Political Emancipation
When the last Convention sat mere IN 4c2I the LEAD
ing paper OF the Bucktall majority OF mat dayNoaAs
National iiuocdio-ihus amused the Million with PIE
ture OF Legal injustice Ii forms the leading article Tor
the 9Th o. sept l32l and might with equal propney
form, the staple OF Reform speech in Committee mere
to-day
From the y. Y. National Advocate, September :, 1921
The Judiciary.
II men were immortal It wou.d no, &c naieria! when
they obtained settlement OF their differences nt IN iAef
pr,,ent sis. N. delay of the law denial OF Justice
ms enphaicsy the IN this State. The Judges
are ,oi gasGGa! . 10 ' @ % ap acam6ere
with causes o; mo- three and tour terms Standing wHic
,b are unable 10 hear; ana the consequence IL that dis
p,e cannot be decided the Supreme Court IN sss Than
Two and sometimes less than hvc wears, especially II
the losing PARTY willing 10 20 iATous cs guar course
of Law 4 Il this delay not however 70 be attributed 10
the organization OF the Courts much OF Is 0ccasioned ny
the present o! Jurisprudence To show Us ehtcls
arrested and after r arrest, both parties must wai i''o
or tlree months. For what For the sitting OF the Court
20 that the writ be returned. But cannot tue =" M be
returned without the Courts being assembled Jniouo
cdiy used to appear IN person. anG e
though inconvcu.cnl The plaintiff then states maj
$1,000 are 10 him bond The defendant says tle
made lNat bONu OUT, out NJ Tue l.iv VI
written agreement was made maj upon my PeIlo ilg
certain act $50 OF this bond should be RENTED and have
performed my PROMISE The Court then says ts Is sooa
defence, but cannot listen 10 H. YOU mus 20 10 tqul!
FOR relief The bond Is sealed AMI the agreement i mol
and III Law sealed instrument cannot be varied by "a
writing not under steal Why not Because a sea- j.
placed 10 un instrument with soemnlty and why i not
This objection equally strong IN equity; Because 'ay
Chancellor has power over the conscience o le parry n.
make HIM what Is ght and II be just and CON
>cicutious defence, why should not be legal The an
- 1t never las been III hs!Hnd anu uett'uie
should he here. The Chancellor accordingly taxes t!'s
his keeping, and III Tie farther progress OF IL
fact arises. which II Il necessary 10 nave uvcHeH ~ july
An issue then made and The !uaeran suIiors are sem
back 10 Law again. The docket al MA prlas l. however
fun ana they wait for their iuru A'cr surviving
three or four coutinuauceS, the committed 10
Jury and decision had with law point reserved or
moi a, y, NAV happen Ii the former. The patience
The cause safely travels through The Law Courts
,S l-ric. IN t'i,nnr,.ry a-sn where second argument
decision an appeal may be had 10 the Court OF Error--
Mn, nj MI rbi. Irisy formaiitv and expense Are
;. ends of Justice arlhered hy Jurisdictions OF which
one cannot take cognzanoe OF the complaint and The other
cannot listen To hr defence; Causes which would nave
been shortly decided IN Court. occupy several YEAR
when they are thus from Law 10 Equity, ana from
Ecuiiy 70 Law But Justice cannot be done II III Courts
Law consequence OF the technical rules and intricate
form Oi L eails then Iet 'lHee iof's ~ me- -.
accommodate the suito. and ubserve the ENDS OF Justice
Al present they only encourage litigation, and enrich those
harples who disgrace hy Their ifsduent pracNce d'=
ned and honorable profession The grand principles oil
Justice overlooked 10 preserve The distinction between
actions and TIE technical arsOH OF al NheHs
rreccdrnis And intricate tu, have become the soe gu!
and both OF Tie Bench and the Bar Forms me ui..!y
which, none but the initiated discover, ana Who's
ouiy object : enrich and degrade the attorney ana 10
!upoveI.sh the >Uitor>. Forms. whose Whole Importance
oNins % their ln;rcacy.
/. not tins very line But Mr.. Harris did no forget TO
remind the Convention the other day, that wAen Law"
yer Waworth OF Pittsburgh iound himself ~ me head
O: the Chanccry Bar with ample powers through the
Revised Statutes make his odious tribunal more &C
ccp;abe Ms country ne continued 10 pile rule upon
rule mystery upon my ,;cry, I'll hs code OF procedure De
Jest TO tue profession p.d not MI harms
slSo that the supreme Court Judges were not a
whit better: When Mr. Walworth vas al Plat,shursh
he had the reputation OF being o. the kecnes sharp
and hardes; OF nj. profession. He could collect
debt and ! Clinton county where most others
would have fsrG-h stood drs; II pctt,onlns Tor
trail banks and the old lobby member made very suit
able Chancellor as shall hereafter show, al some
length The 5000 or $1,000 Of fees collected OF one
unfortunate hrru for Chsncery bill, and the hundreds
thousands which Others have paid Through the Ike Chan
cerv Guibbes Nigh; have been saved al any session OF
the Legislature BY act providing that any debtor
might bc examined before the Nearest Judge, On oath
a. 10 his means tha; The examination should % Ned
10. reference by all concerned The COS; OF such pro
ceedia. would be 81 to - and i would save 800 10
$4,000 o! costs II each case.
/; : j,is, % IN England The 18th Report OF the Com
mon Law Commissioners shows. that nearly hal, the