Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1847-11-17
LEGAL REFORM.


| As the time for holding convention 70 fra,,o
anoiher constitution is near at hand now is the an
proprlate time TO agitate such measures of reform
as the public interest demands There are some
changes and alterations desired which are so essen
tiai TO improving the general welfare that they
should be PROVIDED for in some shape in the funda
menia law of the state. Ii there are lesalized err
| rors IN the existing arrangement which work mis-
chief and are promotve of wrong, the remedy should
be pointed to in the constitution Reforms. espe-
cialy OF legal kind. not easily effected by le
giSai'e action; of the truth of this the people have
had abundant evidence in nearly every state in the
! Union. 1t so happens that the men who mostly
control the action of legislative bodies, are of that
class whose interest does not lead them to simplify
the law and make plain its complicated forms.
! So far as we can judge from the indications of
public mind we think are warranted in saving
that large majority of the people desire radical
legal reform. 1t is true there are some careful
spirits who profess great friendship for relormatorv
measures, but appear 10 think that great caution
should be observed-that changes are only TO be
brought about gradually, and that the entire over
throw of all the unnecessary forms and fictons of
The law, must be the work of generations. That
long series of years is necessary to effect all the
needed reforms i'll order TO ensure the public safety
Is III our opinion neither consistent with sound
! philosophy or common sense. If truth be mixed
with error let it be unmixed, and the sooner the
/ better for the cause of truth No husbandman
would deem it hazardous to his growing crop, to
exterminate the obnoxious weeds with all expedi-
! ton nor will any we'll balanced mind fear the
consequences OF putting aside at once all the need
less clogs and embanassments in the administration
! OF justice. Give us men, who believe that now is
the time 10 take the preparatory steps for the
overthrow OF the numbcress useless formulas at
! tcndant upon the courts-practces which make
trade of mystiication, and enable an initiated few to
practice the credulity and live on the mis- or
| tunes OF the many.
There should be an article in the Constitution
making ii obligatory upon the first Legislature under
the State Government, TO appoint commission to
simplify the practice and abolish all useless forms
OF procedure. The article in the rejected Const-
|
the State, &c, insufficient TO reach the desired
object The 24th section of the 9th article of the
new Constitution Of New York contains what should
be embodied in the Constitution of Wisconsin: tits
as follows The Legislature at its first session
after the adoption Of this Constitution, Shall provide
FOR the appointment of three commissioners, whose
dutyit shall be 10 rerise rcfo1m simplify md aJrjdge
the rules Of practise and picadingS and forms Of pro-
readings IN The courts o. recoyd Of the Sfa'c This
imperative duty imposed on the legislature Of New
York, by the constitution. is Icing fully carried out
the commission is now at work, and will in due
time celebrate the ad, cut of legal common sense
by making bonfire of tie legal fctons and forms
Which had their origin in The dark ages and which
have rendered legal proceedings a matter of unccr
taiuty, mysticism and doubt and saddlcd the people
with enormous expenses.
To instance only one of a thousand absuriites,
which have obtained place in the practise 1t is
customary TO make half dozen or more counts to
recover on a simple promissory note. These wordy
documents called declarations are not unrcuuentIy
extended 10 mole than twenty folios-a length
greater than the declaration of american indie rem
dence, which set forth fully the of our sepa-
ration from Great Britain The friends of legal
reform propose to do away with all this verbose
nonsense and let the plaintiffs declaration consist
OF simple copy of the note on which he seeks to |
recover Those who are learned in legal science |
tell us that there necessity (in olden |
time) for using different form: of action but it is
now admitted by the most candid that necessity |
for this complex system longer exists The !
State of Missouri has recently made general sweep
of the legal rubbish which has encountered the
Courts, andsubstituted simple forms OF action, adap-
ted to the common sense and plain understanding of
every man; and the sa!utary results OF the reform
y act in the matter, and we trust Wisconsin Will
not fail in adopting measures to reform many of the
legal abuses which have for ages wronged mankind
IL The Wing press talk as if to the return OF
Santa Anna to Mexico, might be entirely attributed
the stubborn resistance of the MeXicans and the
sangunarv charac; er of the war. and at the same
time not a few Of these papers are denouncing San
IA Anna as imUeciIe and cowardly But it is not of
this palpable inconsistency that we designed to
speak. The history of the times shows that there
was reason and good reason to suppose that Santa
Anna would he more fax orable 10 an adjustment of
existing difficulties, than Paroles, who then at
the head OF affairs, and such being the case, it
a dictate Of sound policy to permit his ingress to
Mexico. II Santa Anna has since seen fit to belle
all his former protestaions it furnishes but little
ground for censuIe of the Presidents and remains
besides for these wings to show that things are any
worse iii consequence OF his presence than they
would have been without His presence has not
probably added one particle to the stubbornncss OF
he Mexicans or to their hatred OF the Americans.
# he succeeded in raising armies when no other
nan could so much the better. The lesson that
ye are compelled 10 teach the Mexicans of our SUI
,eror proves, Is thus made shorter Under other
circumstances it would have been everlasting
Iuerra fight in which neither side would have $
.ained any thing and no result would have been {