The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1847-12-24
srhe Aliases Of Inv Courts"

W. couy this week on our first page an
excoriatiug article under the above head
sr,.n the Democratic Review. II was writ
ten by the able editor Of that popular masa-
zine, Tho. p. Kettell, Esq, with whom our
renders have some acquain,an, e rs the su-
thor Of the money articles Of the New York
Herald sew eral years ago, and who lent our
state material aid in pcrItcting the arrange
ment that has secured the completion ofour
canal.
The subject is one of immense impor-
lance, and is Just beginning to be aSiiaicd.
The abuse complained Of is venerable FOR its
antiquity, aud is SO intimately connected
with all our IDEAS Of court Of justice, that
it scems almos, a sacrilege TO raise an arm
against it. Yet a practice may be bad al
though i, has received the sanction Of many
ages. If innovation OH customs ha!lowed
BY antiquity is TO be Duplicated, then was
the establishment Of our representative sys-
tenn of government. Of all measures most
unwisc. The divine right Of kings to rule,
and the impioas system Of feudal vaSSalage,
were consecra,cd by al antiquity so remote
that the nemory Of man ruiz not TO the
contrary; yet oar sturdy toreiashcrS were
not appalled, al the idea Of graphing these
venerable monstrosities, and the bold spirit
Of innovation and reform has swept them
away, and the world has yet no fear OF be-
Ing afflicted By the direful consequences
that were predicted by the croakers. We
confess we have none Of that absurd
veneration for antiquity that would make
the contemporaries Of Thomas Beckett
wiser than the present British nation with
all her Improvement in the arts and scien-
ces; nor DO we believe that we are at the
present day a viii. loss qualified to origin
ate great Improvement in tie administia-
ton OF Justice than Cur fcrciathers were
when they invented the tria! by jury.
That there is something wrong in our
present system Of judica.,rc, is undcniatle.
A man generally enters into law suit
with about tie same feeling that would ac-
tuate him in buying lottery ticket. AS
his chance Of drawing prize is enhanced
in proportion to the number Of his tickets, so
his chance of success in his suit is proper
toned by the number OF his lawyers. Clear
ly, as a general thing, he relies mere Oh the
ability Of his counsel for success, than on the
justice Of his cause. Such 4 system must
be attended with incalculable Injustice. II
makes courts but great gaming houses,
where craft ovcrycaches unsophislicat,d
simplicity.
Theic il another grea, evil connected
with this system. II makes the obtainmenI
ofjustcc, which Of all things should be most
simple and accessible, enormously expen-
sive AMI 2erplcxng. Let us give familia!
example. 4 farmer cuts down a tree which
stands SO near the boundary line Of lis farm,
that X is doubtful whether it belongs to him
or his neishbor. The neighbor, however
claims the tree, and prosecutes the man who
cut il for damages. The case is committed
from court TO court. Time Is wasted, TEN.
per is soured, and temper lost but the case
is finally gained BY the prosecutor. The
last we will probably hear Of the case is,
that the man who ''ga;ncd the suit" comes
to the lawyers Office to execute deed Of
his whole farm to pay his fees; aud then
houseless, homeless, bankrupt, he can thrust
his hand into his pocket, and trilmphan;ly
cxclaim--''l have beat him."
The ''subuety Of lawyers" from time i'm
memorial, has envelopct sthe proceedings o
courts Nv a cloud Of mysticism, that is utter
ly inpeneirable to any but the initiated
Nor is il the work Of a week, or month, o.
ayesr, to'bccome thus initiated. Although
the laws OF some Of the states, and our owl
among them, we believe, permit a man Il
SO into court and manage his own case
there arc lew men who have the time. OF
would feel justified in spending it, 10 max,
themselves qualified, for the sake Of mana
ging an occasional case of their own, Ia en-
counter the pracliced and hair splitting law
yer. They will sooner pay an enormous
foe, or let a case so by default, and submi
to a small wrong to avoid greater.
This is all wrong. tits entirely practi,a
Die, and eau be attended with no evil conse
qaences, 50 to simplify the practice Of Oh
courts, that il a man has good case, ho cal
goin,o court with his witnesses, lay his cas-,
before jury, and let them decide upon it
without being obliged to have his cvidsnc,
and the law bearing upon his case, twiSte,
and perverted by All opposing counsel. W,
can safely venture upon reform to this ex
tent, that every man may come into cour
with his own case, and il, on presenting il
Il shall be found to be assumpsit, trespass
'rover aud conversion, or what not, let hin
nN be thrown out Of court because he hap
pehed to make mistake Of word in be
ginning his suit, but let the court decide wha
i shall be called, explain to the Jury the Law
bearing upon the subject, aud then let tn
jury decide upon the Justice of the case a