The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1847-12-24
From the Democratic Review.
The Abuses Of Law Courts.

PLAIN people. Processing to be republican,
in government, it behoovcs that every de
partment of the administration accord this
with profession; otherwise the world will
not long give us credit, nor can we claim it,
of acting out a theory which recognizes
mankind as by nature equal, and proposes
to dispense equal justice in the simplest and
plainest manner. 1t may not be denied,
that so far as the wishes Of those who fran.
cd the government can be drawn from an
introspection of its mechanism, as well as of
those who have organized the various state
politics in subordination thereto, the design
was to place il upon the most natural plan
OF checks and balances-one which would
not foster the interests of one class of citi-
zcns to the detrimcnt Of another, nor admit
the employment of means not conSonant
with the ends to be attained in the accOmp-
liShment Of the multifarious objects which il
was designed TO secure. Yet il is most
clear that the system has not operated, and
is not now operating, in harmony with the
design of its benevolent founders, at least in
some Of the details Gifts administration, one
of which will be the subject Of animadver-
sion in the present essay. We do not deem
this evil such as to render il necessary to
recur TO original principles; the corrective
can, and will be applied without disorgani-
cation. We propose here only to discuss
one of the adjunc,s of our system Of judica-
ture, as they exist in the different states ;
for though differing in the specific powers Of
each tribunal, as well as in the number Of
courts, they are all obnoxious to the objoc-
tons here urged TO the purity and simplici-
ty of their character, which objections lie,
10 the practice Of mercemary litigation in
their investigations. Courts Of Justice
should, as far as practicable, be free from
bias; not only that OF the natural feelings
and prcjudices of the judges, but more cs-
pccially of the influences which may be ar
tifcially eNerted upon their minds by
interested parties. The former tcnden.
eyio bias has been wisely avoided in our
Judges by voluntary Interchange Of adju-
dicaton IN certain cases, while the letter
remains iniull force. We mean not here to
derde the ambition (truly laudable) to ac-
quaint ourselves with the constitution and
laws under which we live. Nor would il
be unworthy for the wiSest and best to quail
lily themselves for usefulness in this depart
mcnt of the government. We speak Of the
practice which universal governs cur courts
OF justice, and the suicidal tendency Of such
practice On the design and objects for which
thew were Instituted. SbonId we he told
that in some distant island in The son n
court of equity had been established for ,he
purpose Of disncnsinc, iunor,iol ins,;ce n all
| tbe Inhabitants bnt ,bai IN oricr 70 ;ns,,,n
tins object, the most cunning, crafty, and
sagacious men on the island were invited
! into its most sacred deliberations. and per
mi,,ed TO exert their miph,icst influence to
warp the Judges in their iudcmcnt that
these men were octuated Iv the STRONGEST
motives of the human brca,i. 10 pervcr III.
principlcs 6f iusticc. and defeat ,be n,eu.
lions of honest com,,laiuants bv some IF the
diyices of their wonderful art; that ,b.y
held themselves in readiness and sold their
services to the highest bidder. 10 advocate
even the most unworthy cause. and plight.
ed their honor and repuiotion 10 prosec,,,c II
successlully-we sbould hardly think of
submitting onr rights 10 the yarbitration Of
such a tribunal. and shonM rather he aston
ished to find that any cause had ,here been
decided in strict accordance with tho min.
ciples of equity. And VET. such n paradoy-
! ical procedure prevails in all onr cmrt, of
! iu1icatnre. The professional LAWYER
comes into court. not with the view or in.
/ tpntlOu TO facilitate the admins ratlOn of
Justice, but under a moral, legal, and PRO.
fessiunal obligation to advance the interests
OF his own client to the prejudice Of the on.
posing party. He is not ONLY bound by his
obligation, but he is moreover PROMPTED by
the strongest motives that can be brought
! to bear upont the human mind-(intcrest and
ambition ito turn the scale of Justice in his
/ favor. And this experience teaches us he
will DO, though every principle of right be
violated, and the clcarest statutes Of the
state be destroyed In the advocacy of a
weak and untenablc cause, lie labors first
! TO throw his adversary or, by availing him
self of some trivial iniormalty, in no
way affecting the real merits Of the cause,
or to make up a false issue, by which the
true merits may be kept masked from the
minds of the trers. He next labors TO falls.
ify and embarrass the witness, that his ties
timony may stand self confuted, or be shorn
of its proper bearing and influence upon the
minds of those it is intended TO enligh,en
and if he does not always succeed, it is 10
be attributed to the intelligence and sagaci.
ty of the witness, whose penetration enables
him to detectthe stratagem intended TO cir
cumvcnt and mislcsd him. Nor is il diff.
cult so to embarrass modest or timid wit.
ness, rs 10 cause him to express himself in
language apparently inconCruous, and