New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-01-30
Court- Of ConciIIatiou-No. IL.

lu NV last ! attempted 90 snow that Were s
room lor the bencirelt influence 81 Courts Of Con
ri.ia'iou brtsecu the Courts Of law as now organ
zcd oa one hand. aud voluntary submissions - az
| hi,ra,ioa on the othar. There are men who differ
and differ widely IL their opinions in regard o.
their respective rights bat Who vet have intcn-
ton IN DO wrong. and no owe Tor litigation. sucl
mon before Contention has cmbttered their fee
inss would often be glad 20 submit their disp1tr'
20 tribunal where a speedy and rghtiul decslaI
you'd be- made between them They would Otter
20 aud submta single question at the outset This
" GOULD perhaps bo disposed Of in hall Al hour ID
vosrs Of cof,tcs, be saved % tho parties
IN the settlement Il accounts between ndIvfa
as ia adiudirating upon claims against Executors
Administrators and Guardians and upon disputes
bcta cen partners such Court would be oi immense
nrortgnce The representatives Of others ara oiisu
at loss As b. their dat, they have not the means
oftakin- testimony aud arc not willing 70 assume
tho respons bi'y OF passing upon doubtful cues
ton Of law or at 4 regular SUIT would probably
asst fo. ycar. wheuit is all important that ssPeedl
decision shoud be had Partners dIsagreclng A.
70 the. ri.lts il Is VEL known, can seldom 20 into
often attended with great loss TO their creditors
! t. all those the State .n Court OF Cancellation
,,uli offer speedy aud loz aI mode Of settling the
d.1,cutes and Ing their doubts
II win bo seen hat the trb1na which the WRIT
proposes is a very different one from that recon-
nended hv the Commissioners on Practice IN ther
r ,ro-t Of this Winter. These propose 10 give 70
lot, To- al | he
SANDER. Malicious Prosecution, Breach Of Promise
Of Marriage Assault Battery False lmprisou
mcnt and personal violence of any kind II MAJ
well be surmised that th. Commissioners. IN thus
limiting the jurisdiction Of these Conrts consulted
rather their iears Of the ndisposition Of the Legs
,ture to go further, than their own judgment
These uncuses. growing on, Of evil passions ar
exciting strong resentment are the very subject
which men VIII be east likely t, submit 'ountar
U.s. 10 such a court And whether the Kind OF CO
erc.on contemplated bv the Comm. sioners eau d.
exercised over them to bring them before tn
Court consistently with the Constitution, viii bt
considered hereafter 1t will be rcmemhere'
that the Constitution prohibits to the contem
plated tribunals jurisdiction over any party on sub
ie-i except ou the rofnHfory sHb'ni'sio" ol the
rartlcs Men exasperated 70 the commission o.
hy the commission OF such wrongs will very sci
dom. on both sides. consent to appear before
Judge to he conchatcd. Ifihe experiment is made
on such an unfortunate class OF subjects, Courts
,, Cancellation Wa certainly be a failure An,
siderable good cannot nationally be expected O
Them IL IS better bv tar not to make the eXpen
mont al all than 10 make II IN manner presenilnt
80 liitc rational hope Of success GIVE our CITIZEN
who Rrc neither slanderers nor violent men OppOr
unity for the settlement OF their honest differences
rpensu ch Court 10 them and there VIII be BUS
ness for it to do Il will be brought to operate beior,
malignant passions are excited, and by It's KIND
prey eutive influence may settle difficulties before
defamation and violence sprung out OF them
With the exception OF titles TO land. | would gave
these Courts Jurisdiction over every matter oi g.
civil nature which parties may choose to submit L
thcm aud which is proper subject OF iadlcla
rognizsnce ct this be done under proper az
.snremeu,s. and with Judges of the right stamp
md Courts OF Cancellation viii be found one OF the
most heneticent results of the new Constitution
They would 80 commend themselves toPublic favor
- 10 cause their promoters 10 be considered A.
puhlic hcnelactors
There must be r0ipai0rg sHbmfss'oR TO these
Courts 70 give thcm jurisdiction IL this resPcci
t seems 10 me that the Commissioners have iailec
ia careful observance OF the terms OF the Constr
tuition Men cannot he said to act roinatd7fF
when hreateued with penalty for not acting
The Commissioners propose to punish plaintiffs by
lcpriving them Of costs # they bring an action IL
other Courts, without first citing the defendants t
appear in tins And defendants are also TO be pun
i,hcd m like mode though successful IN deiendln@
, suit AGAINST them ii they do not rolaatGrly ap
pear. ON being summoned before the Court Of Con
citation This is surely compelling men 10 RON"
.c,. This IS sn inadvertence on the part OF the
Commissioners which the Legislature VIII o.
,oursc. remedy The Legislature can exercise 10
,pch now r OF coercion u bring suffers into thest
ronrts There are other objections 10 the scheme
n m, Cononliss oners and which these gentlemeu
,an scarcely fail to admit when brought to then
notice beg space to speak Of these IN anoihe'
number G.