The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1847-03-26

general, great and essential principles OF lib
Eerty and free government may be recognis-
Fed, and forever uaaltera6iy established, we
declare:
Sec. 7. That all courts shall be open and
eUery person for an injury done hin in his
lands, goods, person or reputation, shall haze
remedy by the due course Of law, and right
and justice administered WITHOUT DENIAL. OR
DELAY .tN tt~ AAftt
Such was the design of the constitution,
and such the earnest aud emphatic language
in which that design was expressed. But
how is it now carried out2 'All courts shall
bo open.' True, there is no literal infringe
ment Of this Injunction. Your coults are
open. The docket is there, and the clerk to
issue, and tho sheriffto servo your process.
But the mockory is only the more CALLING
Open! Aye, too open. But Beware, unfortu-
nate suitor, beware; there is no regross from
this worse than Cretan labyrinth. The foot
prints around this den Of the lion all point
towards its entrance.
4 Sand ecery person for an injury done him,
1sMALL HAVE REMEDy' Could words more
, significant, bs marshalled together in any
language' But what is tho effect Of a prae.
; tically contradictory provision ofthe same in
| strumenti Every person shall have remedy.
D Now does not every lawyer know that none
. but the more wealthy and Influential can af-
4 ford the now expensive luxury of protract-
!, ed liiigaiioni Take bui single example
s Of daily occurrence. You commence suit in
4 the Common Pleas at its April term. Your
Q cause is just, but your sdversary's lawyer
Y thinks hs detects flaw in the declaration
o A demurrer is put in. The June term
d comes; business presses; law arguments can
g be heard only at the end of the term, and
a, then in the hurry and confusion you eithor
3, deem it unsafe to hazard your case, or the
10 court are unable 10 hear IT. You suffer a
N continuance. November term arrives, and
Or the demurrer is argued and everuled.---
O. Surely you will now have justice and reme-
be dy without further denial or delay. But
lg stop; tha, remedy is TO be by due course ol
On law and the courts will not dispose Of two
%, several Issues in the same cause at the same
term. Again continued, is the mandate o
III the Judge. 1t is now April term, aid The is
$, sue is made up, when, 10, a material witness
p is suddenly found abssnt by tho defendant
nd beyond the process ofthe court. What then.
in An affidavit, and yet another continuance
gs Or worse af'ef waiting perhaps whole fort
OF night with your Witnesses, expecting the tri
IS. al every hour the court is compelled TO ad
h ourn without reaching your case. A who'll
re-, year is now already gone since you begal
re- suit, confident behind the constitutional
Try shield against delay. But skillful legal tao
ty- ticians have turaed tho flank of the constitu
hs. lion. Disheartened and vexed almost beyon
re- endurance, you yet make another effort, an
fy, the juno term brings the consummaton q
nlo your hopes Trial is had, and you have oh
ed tained verdict. Bat new trial is move
he for; the couit hear the argnmant and COOL
Mr. pocket The motion, telling you in vulgar la,
la Latin, curia p9lt adDisare. In Novembe
hs The motion is overruled, But 10, a bill of e1
sry eeptons has been provided by your adverse
'ps ry and you are transported to the Suprem
IN Court, that lazar house of litigation, wher
ass shops never comes that comes to ALL Wei
IN sir, some lime between the next March an
of December, the 'angel visit ofthat august Ay
of ing squadron, is announced, and you repa
sR TO the court room just in time to find III
The court adjourned and on horse back for til
On next cennty. Another year revolves--th
DO. third since you applied for that remedy wkie
tho you thought to obtain without denial or de
re- lay'-and your case is heard. But, Behold
d. the Judges disagree, and the case is reserve
icy to bank. The scales now fall from you
ra- eyes, and you find yourselfinvolved in wha
ge you deem intermiaable litigation. 1t Is to
by lste, however, TO retreat, and after one q
.ty two years more, or three it may be, you agai
;es ob..in a tardy decision in your favor, and Ell
if Ter upon isa enjoyment of your rights. b.
Of tho end is not YET, Yours may have been
3u. chaneery suit, ant, lust at The moment you bt
op- gin to sit down in repese from isa fatigue
'w- of litigation, a bill of reeieU is flied by yos
aps indsmitable adversary. And after passiG
again through the same courts, and the sam
de- tedious process Of procrastination, after fv
ord or six years more, an adrcrse decision is ol
in tanned against you; and stripped at last of G,
ter erything, worried, exhausted, indignant, yo
cry give up in despair. Now appeal TO ever
!, lawyer to say whether the process hav
ISL described may not be passed through IN a
II most every case, and whether il is not passe
os- through in every fsrcely litigated cas-
'on brought into court.
sen Such Mr.. Speaker, is the''dus course {
ear law by which 'overy person. shall obtai
ent remedy for an injury done TO person, prope
ire ty or reputation. Sir, will not stop
kst guage the dimensions ofa purse long enous
rec and wide enough to support the enormol
The expense of such litigation--to say nothing
tls the mental fatigue and harrassment wors
cut than any pecuniary consideration.