New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-01-23
Cnr-fn ~ Cancellation.

u y
Us s;u-e - the oonsderS-.ol q lie establishment
If Courts r c aac .ai.on TIE PF-ct.ce CouIas 8
.i.uers Il ,ner regoEt - the lsst Session proposed
the .siaJisi L. rt q slch Court n TIE City 4
New YORK IS - experiment Thst hoy wanted
Ia u il the Ct.l.ty O.. the proposition A-lo" -
% ofer fcw wo-ds ca tic subiec.
The object O. such Court does lot seen to 5e
wol understood Il 10, or the purpose q setting
ASIDE Or rullf,ing The lsw that such Courts are
REQUIRED While our freedom !a1ts. isw Hnst Re
para.is1 unt-uo disc-c.ic1-ao mans VII can be
allowed o. ris- sto.e :. Rights aui d1f.es are
protected and must be eriorced b. i, I'D :Ls II
every friblra where rights sad duties ars brought,
In quest -. II the .sw : lot what II shoc1 be,
alter II tul 10 dispensing power oan DC tolerated
IL euouiTed. then, i sub Courts must decide
a--orc,Lg to ,sr. N what 10 they differ from The
,ribanals already established Whist advantages
dc they Offer 10 parties al vsnance1 These are
pn'per questions snd HsL;!u-y demand an answer.
The advantages % Court o. Cancellation are
these
TIE State offers by them, ~ parties who are
disposed 10 u jUs; settlement Of theiE differences,
- Inexpensive and prompt cecson upon tier
respective r-L.- I: invites them 70 conc, not in
a spirit ii litigation and seii-wil but with Dis
position to sncw at once ghat arc their respect
i.3 ghis aul oil raicns AID to leaye the settle
mcnt o. them TO al umpire ready TO listen aid TO
de,ide between them. They may come without
o-1.-~ without counsel, # they choose may make
t;.,r owu statements and without taking witness
O., s.;h them Ii there should be dispute about
material iac.V the msttcr can he al burned 70 hear
ltirooay They can come without he ers5'.ered
isel.nss which protrscted litigation usually pro
l.ces They Will come before such tribunsi
a,htuy cxpec.ing not only the integrity Of tie
Jodee, bot lie Kindness Of a mutual friend
ia the majority Of cases 10 formal adjudcatlon
vi BE- required The Judge, understanding his
iUry, and disposed 10 make the Court what It il
Intended 10 be, viii il most cases ~ kind reason
~, bring tie psiiie, to a mutual agreement, and
q. ) v,ii leave ia Periec; friendship, and gratfed
ts't a tribunal, SO beacfcent ia its acton has been
within their reach. Il would 10 found oileneT
hon rucst persons would expect that after talking
over 'her mutual grievances, under such kindly
Influence. tie strife wc1ld be in the end which
should ccncede tho most 1t IS 10, beneath the
dignity oi the law or lawmakers to thus provide
tor .nci easing the happiness OF men, 10y suppress
re the verse. aud brneing iBto action tie better
FEELINGS Of our nature.
!, MAJ be objected that ii i already IN the pow
er o; men at variance to submit their differences
20 arbitration or 10 tbs decision Of an umpire
mutually agreed on.
This is true The law doos no, prohbitit But
u. 81.
this merely not forbddinr, is wanting. Something
%, sitye Is required Men should lie invited
colraged to seek such a settlement Of their diff
c.llies There IL . vide difference IN this as in
other matters be;weon being invited and being not
orbid ZEN Many would ask those with whom
IN y may have difference 10 NEE, them before
sucn tylbunsl who would bot propose AZ arbitra
on. 1t is commonly sad that arbta;ors are to
apt 20 split the difference between mon. without
s1i~t regard 70 the rishts This toar oitea pre-
,,nts aIbit aton. suci Court, if il cannot brirS
msn TO an anicaba and voluntary agreement, Il,
vii DO understood Is 10 give care al judgment
according 10 tie laws OF the land. This VII II
iacs many 10 so before IT, in the perfect confidence
o. tlcir own night, who yet, after seeing The view
which an impartial man may present them Of tie
subject in dispute, sD1. aGey hearing his oxposi-
uon Of the law. vii be persuaded voluntarily to
lsseut 70 snch terms OF ad.us;ueni as lie may
propose
There is much too, IL the influence Of the Official
.'st;on Tie community will understand that 3
alge Is appointed for tLis ,ery purpose. One
party il often afraid 10 accept umpire proposed
Jy the other, lest there should be some unknown
nartiaity OF influence. Nothing Of this Kind wi
bee cared ICm Judge duly appointed Ills de
Ois.or lis advice and his kindness IN The discharge
g tho duties Of a Judicial station. VIII b. much
D ter arprccistet, and viii exor. stronger
.4d more sanitary influence than that Of an III
Nidual c.