The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-03-15

me new ofk evening Eoat quotes an eAttact
from she Crescent, in which we express wish for
The appointments Of Louisiana lawyer 10 the bench
Of sIls Supreme Court Il then adds What does
the Crescent say to elscting the Judges Of the SUI
preme Court by The people
We will answer II Constitution for the
United States were now in the process Of forma-
ton, we would advocate the restriction OF the
jurisdiction Of the Judiciary simply to questions
growing out Of the constitution and laws of the
United States. There should be no Circuit Courts
but only a Supreme Tribunal to decide those ques-
lions appealed from the Supreme Court of each
State. All suits between foreigners and citizens
should be tried in the State Courts, according to
State practsce. We would abolish this intruder
this representative of the Federal Government,
whose ill-favored visage Is as unwelcome as the
skeleton of the Egyptian feasts. No other country
in the world is extavagent as to furnish tribu-
nal for the benefit of Of foreign htigants. In the
middle ages il was the practice to Try each man by
the law Of his own country. We seem to be retro
grading here. At the organization of the present
Union such tribunal was deemed necessary, but
experience proves that it is entirely uncaed for.
The Court, at one time, adopted ruleof decision
in local law to follow the presidents established by
the State in whose limits it was calledto act. So
long as this was the case, the Federal Court was
merely useless. But Of late it has deviated
from this safe rule, and repeatedly decided
cases from Louisiana in direct opposition to the
express law the settled judicial Interpretation Of
the State. OF course this procedure establishes in
our limits two Courts of concurrent jurisdiction
acting, on the same question by different rules
The foreign plaintiff has his choice of the Courts
the citizen has not.
One great grievance rs the establishment of the
Chancefy practice. Our jurisprudence is found OF
the civil law 1t is, in fact, all equity its practice
and its principles more liberal than those of the
Chancery Courts who have only the little stealing,
of jurisdiction which the cunning Priests were able
| to fitch from the Barons With us there is nc
absurd munmery Of sending suit from one Court
to another, with the individual presiding over
both There is no law side and no equity side Of
the Court A man sets forth simple statement
of the case and asks for such Judgement as justice
requires. The defendant sets forth his defence
there is no particular form necessary. The Judge
hears both sides, and gives a judgement which
meets the merits Of the cause 1t is the perfection
Of practice.
But the Common Law Judges sent here to de.
eide on rights growing up under system which
they do MT understand, have actually forced ON the
bar the absurd distinctions and useless and expen.
sive yerbiage Of the Chancery practice. Judge
Mckinley cannot pass an examination on the Civil
Code, and yet he makes decisions every winter on
questions arising under it and involving the fortunes
Of litigants.
A year or two ago the Supreme Court decided
that in case mortgage debtor did not pay the deb
within thirty days, the creditor should be put in
possession Of the property as owner that is, the
title should vest in him. This, too,-is in direc
opposition to the written law of Louisiana. TIL,
Court, in its WISDOM ignorance, saw fit to deere,
according to the Chancery doctrines, disregardinl
the statutory provisions Of the State. So, too, ii
| regard to the rights Of married women. They hav
overturned a principle consecrated by the State b
a course Of decisions based on the code and goin
back to the time of its adoption. These thing
have excited the hostility of the bar against III
Federal Judiciary.
Now, in answer to the Post, we say we objet
to the election Of Federal Judges unless each Stat
forms a Circuit If Louisiana is connected wit
any other State, Judge would be elected with hi
common law education and civil law ignorance
We say, do away with the Circuit Court-estab
lsh Court Of the last resort to pass on question
growing up under the Constitution and laws of tn
United States. But in the name of justice an
decency, do permit the rights and obligation
created under our peculiar system to be passe
upon by men learned in the lSsoof Louisiana.
When the Supreme Court is thus organized, W
would prefer the Judges should be selected by ii
President, and should be ineligible to any politics
office. The salaries should be increased so thu
men Of the highest ability and learning would b
ambitious of the post As at present organize
and conducted in this State, the Circuit Court is
nuisance, which we desire to see abolished 1t i
incredible that Judge should sit here helplessl
ignorant Of the civil law-but such is the fact