Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1846-06-23

the people consented 10 recognize the arb-
trary rules and maxims of law as binding,
which We're enacted by the Roman Empe.
rors fourteen centuries ago? No where
have our statutes which contain the leglt.
mate law OF the country, expressed an adop'
ton ofthe codes Of the dark or middle ages
yet these codes are regarded by our courts
as aulboritive, and the rights Of persons and
Of property are subjected to their provisions
Is ii not an exercise of arbitrary power to
subject the people to rules Of action, which
they do not understand, and to laws which
they, nor any representatives of a free gov.
eminent ever had an agency in creating?-
One Of the most able American expounders
oflaw says s'as laws cannot be obligatory
without being known, they must be promul.
gated by the state" Will we recognize
the truthfulness of this principle in theory,
& repudiate it in practises Chancellor Kent
enumerated six hundred and forty eight vol.
umes of British reports, digssts and CON.
mentares, besides some four hundred vol
umes of other British and Irish law works,
which are proper fer an American law Ii
brary. Now has this ponderous mass ever
been promulgated by the state; do the PEG
pie know any thing of the rules and decis'
sions. contained in this vast pile of legal
confusion, by which their rights are to be
adjudged in eur couusl
AS no possible good can be derived from
the use Of pleadings as now practised in
the courts, but on the other hand as they
are prolific source Of mischief; we hope
to see the courts of Wisconsin melicanized
and republcanized under our new consllu'
ton. Pleadings should be made brlefcea
and distinct and understood by ALL 1t
should be considered as dsgraceful to ex'
press falsehood in court as any where
else. The practicability Of adhering to
truth rather than fiction in matters before
the court ie clearly demonstrate. The O.
pening counsel usually in short space of
time. makes the court, jury and bystanders,
| fully under stand the claims of his client,
and the facts and proofs by which he intends
TO sustain them--he then quits the fctions,
lancies, incrences and distractions of the
law, and states the real facts in common
sense way like an honest man. But sup
pose instead of this verbal statement, the
written pleading should be read for the in
formation of the court and jury? AS well
might the learned counsel read chapter
from the Koran or from the voyages of Sin
bad the Sailor, to enlignten the triers Of the
cause, as to the particular matter at issue.-
The written pleadings should IN all ckesbe
strictly in conformity with facts as near as
possible and ineligible TO the court, jury
and parties. This portion Of law proceed.
ing, so vitality essential to securing the ends
of justice, sohuld not be permitted to re.
niaIn in its voluminous, inaccessible and
incomprehensible condition; it should not
be suffered to mystify and swell the expen'
ses of litigation, while it affords no useful
information TO the court or paties.
One prominent object which the friends
ofjudicial reform are now every where seek
ing TO obtain, is the simplication of law,
and rendering it plain and in,elli gble to all
classes Of the people. But how is it posi-
bic that this desirable object can ever be &C.
compished, while the present unintelligible
jargon Of pleading is retained by the courts
and forms part oe our jud iciary SYSTEM
The people never can become familiar and
acquainted with it, and why should they be
bound by it. Hon. Michael Hoffman, a
prominent member of the present Conven>
ton in State of New York, remarks 1.-THE
evils growing out Of the present written
pleadiDgs are great-too numerous to be de-
tailed. They strike a, the very justice and
merit Of the cause, create great expense
and delays, and authorize and invite impos-
ture, trick AMI chicane. The books that
teach this part of law, including the forms
ofpleading and notes OIL them, are very yo-
liminous,and for their illustration require the
study of many thousands of adjudged cases.
70 master them in any tolerable degree, in
the business of whole life, and they are
utter obst urity TO all except the professions
al adept" Again we ask, how it is possible
TO render law ineligible and lis f rms &C
cessable 10 the people, if such be true
description? Hon. A. LOOMS, also men,
Der of the present n Y. Convention. on The
subject of pleadings. holds the following
language :-"Le, the party bring his action
by a simple statement of facts, which give
him right 10 demand redress before tri-
bunal of justice, whether it comes within
class of cases in equity OF at common law:
no matter whether it be TO recover damage
for trespass, or to collect debt; when the
defendant has made his answer, and the ev-
idence has been taken, the court can ren>
der judgment as the law applicable to the
case requires. In order that the usefulness
of The law may be extended, and its bene-
fits realized by all classes of men, let il be
brought down from the clouds-disperse the
awful mystery which surrounds IT, and 10,