New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-09-27
WHOLE NO. 2013.
RE PO X n
RE PO u
OF the commissioners 90 PrllcIce aud Plcadlns>.

requiring the commissioners GA trACtiCc ana flead'
ngs 10 report progress It any, made 10 the dis
charge OF their duty. and at what time they will
probably be able % report the result OF their dongs
for the consideration OF the Legislature theunder-
signed a majority Of the said Commissioners. re
specially submit the following report;
Immediately after our appointment entered
upon the performance OF the duties assiSned Us.
with deep senseOi the possibility which We bad
assumed. and with firm determination SO 70
cute the trust committed 10 our hands as to meet
the reasonable and just expectations q the Legs
lature and the people. IL can scarcely be necessary
70 remark that the task deyolyed upon US is one
which requires the utmost caution and cirumspec
ton in every step OF our progress to" ard It's com
pletion Independently OF the consideration, that
In the introduction into the system OF legal proce-
dure OF a series Of new and untrcd rules and Prin'
ciples, we must naturally expect 10 encounter the
homes. preuices OF those whOse Office has been either
professionally or judcislly administer he modes OF
proceeding now IN use cannot overlook the fact,
that innovation Is always SYNONYMOUS with reform.
and thsi called upon by the biggest considers-
tors Of wisdom snd policy rot b. surrogate hst whchis
known sud understood without the strongest assurance
that better BE- substituted IN ia place To
thl. consideration resolved. from thu moment We
commenced lsbors give ia full snd lust weight,
and II In the performance Of our duties W. may seem 10
have been less prompt than was desirable In presenting
Vows the Legislature We trust That our delay In
,hl, respect will be- attributed % other motive than
sincere and earnest sire render the result OF our
labors Justly acceptable 70 the community. Dis'rustne
a. We do without ahectston, reliance wholly upon
our own judgments Ia the matter, We have seduously
employed the period since appointment not merely
In repeated consuisons and discussions and in reduc
ing various yiews 20 ;he form OF ensctmenis out In
resorting 10 every within reach by which We
nisht be- enabled 20 profit by ths experience OF Other
states and countries and BY the reflections and writings
Of the best and wisest men who have directed theit Al
teutOn 10 the subject OF legal reform. we cave core
g. no, only with the view OF strengthening our conn
dsnce ia The expectancy Of the chsnges which We might
eventually propose but Tor the purpose 81 prcsenung
a. design doing In future reports the suggestions
and experience above referred To- IS tending to com.
md those changes TO the favorable consideration OF
the Leglslsture.
70 Us was definitely to ax the general principles upon
which We should proceed 10 the completion OF the work
before Us To this subject we have devoted much time
sni reflection bul not than ia our Judgment It's
importance demanded TOR the purpose as well o care
fully surveying the whole ground as OF atsuing the
concurrence of the entire Commission In IN. result Al
which should arrive Ia the latter respect We regret
that after the most full aui frank interchange OF opinion
we have been disappointed and while We feel a con
fdence that the outlines If the plan We design 70 pro
pOse are preferable 10 other which has been consd
cred by the Commission. va are compelled W suht
that that confidence would have been greatly enhanced
II our colleague could have brought his m nd 10 tho came
conclusion At which We have arrived On our own NC
count We regret that his difference from us upon inc
cardinal principles of the proposed sten should nave
led him 10 the teiermin, uon OF Withdrawing from tho
the Commission. From his zeslous add untriDs devo
ton 10 the objects for which was created We have
which we had anticipated from his farther cooperation
with us in our lsbors In assisting US To reuder more per
feet details 81 our stem, 10 presenting to our mncs
difficulties which We may iOrssee and ynt against
which should provide and In bringing 10 our AID inc
stores Of his learning and experience.
In reiiectiog upon and discussing the senersl prnc
plss upon which should proceed the hrst step was
carefully examine and consider mo no OF uuv pre-
s,rbed 10 tbs Commissioners by the Constitution aud
by the act Of the Legislature by which they were az.
pointed aud give he fullest effect 10 tue iptenton OF
the fundamental law and the supeTsdded VIII OF hs e
gisatura upon ths subject We not ignorant at
DOR could overlook the TACT that the delays techni
caes aud expensyeness of legal proceedings had long
been the subject OF comp ant not confined 10 cas OF
individual grievance merely bu, aimed At lho system oi
legal procedure tse and that notwithstanding ekps
dent after expedent had been adopted by the Lsgsls
and the courts 10 remove the acknowledged Justice
of that compliant IL still continued not only 10 eAist
but 10 increase until the trainers Of tbs fundamental
law neither disposed able 10 resist tho public sent
ment, had been compelled to enoody 10 inc 'onsn,u
ton demand upon the Legislature 10 provide ior the
snphca alton well OF the body OF the law hse AS oil
the modes of proceeding by which Il should bn admins
tered We were. therefore, less disposed tlan under
other circumstances might nave stood Justified IN be-
log 10 crtcise narrowly the terms, In which. both by
this Constitution and IN. statute the duties of Inc Com
mission hsi been prescribed and deemed thsttbey could
alone be faithfully discharged by nstuting thorough
rigid scrutiny into ihe defects OF the existing system
procedure ard pleading, and tho accommodation Of
a remedy which II Il should incur tho rcprOsrn of being
radical should possess tho r,deemng meri, Ut being
neither superhcisl nor nsdeqGhie.
such a remedy. (or reasons which will be briefly aug
gesiej In this report aud which will be- more fully pre-
s.nted after connection with ths particular pro
visions design tu submit) believed could only bo
found In the adoption of All entirely Dow system ,
which while should wholly abrosste such Ut the lea
lures of the present remedial law AS unnecessary,
should al the time carefully preserve and embody
all that the perenco OF tbs mas shown to b- sana
Die and conductive 10 the prompt vigorous snd chesp nd
miostrston Of justice In this belief We haze been
strengthened investigations and sbors have pro
cesded The system OF procedure by which law 10 sd
ninistered differs from the law itse In this-tbat NE
latter body Of elementary rules founded In the I'm
muiabls prnc plies of Justice drawing their origin from
the obi gallons which Divine Wisdom has imposed upon
the relations each other in which Tie hss placed His
creatures snd expanding according 10 tho "anu 10
cessites snd exig,nces Of society but admitting oi
careful restriction BY human Laws though having
lar above them while the rrer consists la Us
very nature but of bod Oi prescribed rules having
40 sOurca the vii! VI those BY whom tbcy sre laid
down and invented by human Ingenuity, AS the mere
means Or forms by which rights 10 be- enforced and
Justice Administered. IL mpy 10 hsZar1ous ehpeH'
ment with a csrless hand b innoyato upon the one
but 10 the other the peril unsuccessful EFFORT At re-
form isno, alarming That Il should not be attempted
without the reasonable promise OF an suspicious result
Ne DO not deny nor do Blesn 10 treat with dis
respect tbs which late colleague has placed
before your honorable body as ,hose upon which hi.
withdrawal from the COmmssl0ni 10 based.
The position that's propOsed change 10 experimental.
sudden aud general In view constitutes no gs Ar
gument sinst ito being nsje II Il be- ., he same Time,
sound and wise and especially when Il refers ~ body
Of mers prescribed and arbitrary regulation Ii may.
and undoubtedly should, lead H. great caution On the
part OF those by whom the introduction Of untrsd
System attempted but does not show that tne thing
Itself IA mprsctcsbs. II may prove, according &c the
result of our abors may b. that the State has
10 the selection vi the agents ~ whose hands
delicate and responsible trust has been committed
but Il would bs 10 reflection upon the Intelligence
OF the age u regard establishing tho conclusion tia,
the machinery By which lay Is 10 be- atmilstered
the regulations BY which the orderly conduct VI legal
controversies 10 h. b. goyerned-cOnsttats the only
IA N he mi nd