New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-02-04
Court. Of eneiIiation. No. HI.

said % show the inconsistency Of thus penalty with
the Constitution. The submission must be voun-
tary Bat there are other objections 10 the proyi-
.ions recommended by the Commissioners.
In sections .52s and 537 il is provided that tins
Court is To sit in secret allowing the presence OF no
persons but the parties except that 10 the case Of
married women and infants-a husband guardian
or friend may accompany the women infant.
secret Tribune And parties subjected TO Per-
atty for not appearing before it Wetrust the day
IS distant when such Tribune to sdGdicate upon
nights Will find favor in this country. If parties
choose 10 talk over their difficulties before the judge
in private, they should be privileged 10 do So
Otherwise they have right to public invest
CATION
1t is 70 be hoped that Judges Of this Court viii
always be men OF high moral integnty-their char
acter for impartiality, and conscientousness IN
inpe ached and uuimpeachsbe. But will such
men be willing 10 trust their reputation to the mis-
representations designed or undersigned OF dis
appointed party Is it likely that the fares, repu
tation would continue fair for twelvemonth under
such q trial Let it be remembered that suitors
will be disappointed in this Court as IN all others
And when they are brought 70 al amicable settle
ment and made at the time, 70 feel the propnety
Of it, upon afterwards talking over the matter with
friends emitting this circumstance and giving
a wrong coIoring to that. and made dissatisfied by
the comments OF friends they Will lind that the
Judge, having them away from Al advisers, has
taken some undue advantage, and made them sub
nit to unjust terms Complaint after complaint ol
tins nature will 20 abroad with means OF correc.
ton Suspicion Is easily aroused where acts are
done in secret And where a tribunal by ITS very
constitution Is a secret one, II will become and that
very soon from many causes, an object Of Jealousy
suspicon.and OF popular hatred
Nor will the feeling against such Court be
without foundation Secluded from observation IN
his secret CHAMBER, the Judge may tyrannize II 50
disposed, over one OF the parties and # the case
has been submitted 10 HIM tor adjudication, may
make such decision as no man would venture to
make IN open assembly where the public have
tar opportunity Of sitting in Judgment on has acts
And it not submitted Tor Adjudication, the Judge
may often If he chooses, equally play the tyranl
il oyerbearng a tmd man and forcing him to sub
mission. Ia such secret tribunals there is 10 pro
lection against Judge OF easy virtue. and no pro-
lection for one who values his reputation more than
Office Rely upon IT secret tribunal ought never
and never will be tolerated in this land, I'LL radi
cal change is made IN the spirit OF our citizens
This provision as to tine Judge receiving the
parties. apart from all other persons, seems to
exclude the idea Of any examination OF " witnesses
AMI Yet surely this will often be necessary par
tcularly under Sec 532, which provides that the
Court may render Judgment, upon the Submission
-. 1T. flt.4 ua D.
ties Yet they cannot be admitted according TO
Sec .52s nor does 1t seem 10 have entered The
mind of the Commissioners that testimony VIII
ever be required.
There is another serious objection 10 this secrecy
it excludes the aid OF counsel This is night oil
which We never can he deprived without great IN.
Justice Men are very unequal. One has intelii-
gence and talent another is simple and ignorant
One is respected and wealthy and influential an
other poor aud OF no esteem One is bold and
fearless another timid and easily abashed. One
understands what is important 10 his case, and has
the talent 10 present it IN the iairest light while
the other is incompetent 10 prepare for the contest
TO Judge what is requisite and unable 10 present
his case so as 10 give right understanding OF IT.
And if the Judge seeing his difficulty and embsr.
rassment is induced so far to take his part as 10
surmise and to ferret out what should be presented,
IN this very act he Will insensiby change the I'm.
partiahty of the Judge for the zeal OF the partisan
There is bat one way OF putting men OF different
capacities and standing anything like an equal
footing before judicial tribunal and that is by al
lowing them 10 substitute others for the manage
ment of their causes This may well nigh be
deemed an nalienable right in a country OF laws.
The history of trials in Courts OF the Mother Coun'
try in past ages will ever stand a beacon to warn
rs against the violation Of this night. Jeifries do
not belong exclusively TO one age. BRING back the
circumstances and the opportunity and other Jeh-
ries will start into being.
II men choose to come alone and to make Their
complaint or their defense without aid 1t is their
right II is equally their right to employ suitable
persons tn do this for them.
Section l. $40 is also Objectionable 1t makes II
the " duty of the judge of the Court Of Cancellation
81 far as may be compatible with his duties as
Judge 10 give to every person who may ask H.
advice respecting his differences with another
Ii jurisdiction should be confined on the Courts OF
Cancellation over all matters except titles to land
of civil cognizance. then II will be Incompatible
with his duties 10 give advice IN any Of these mai
tiers so lone as they remain liable 10 come before
him Bu, as to questions involving titles 10 land
and questions which have passed beyond has iur1s
diction by being the subject Of suits IA other Courts
he wall be liable "a be called on tor advice. Under
the plan OF this Count proposed by the Commission
ers. he would be bound to eive advice IN all pos
sibe cases, except On the few subjects within ms
cornizsnce Aud as he Is bound 10 do tins ior one
party and On his e. pG,te statements So u alter
ward the other should come he has also night on
perhaps a very different statement, 10 the services
OF this official adviser. Here would be employment
enough without JEdgiHg This Office for gTata'ous
legal advice would be very likely 10 lind clients IN
no si,nted numbers And Il in advising every BODY
and both sides sDd his opinions and cross opimous
hustled shout. he should not make more hnsanis
than he would reconcile Rad lose character faster
than he ever Won it, he might well account himself
a fortunate man These considerations and he
fact thai questions requiring long and minute IN.
vestsstinn both as To the facts and the Ia" might
be presented to MIN, and thar men at Their plea
srra ,xh, .i,osa q, EAar with others mlght &C