Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1851-09-11
Legal Reform.-No. 2.
To his Ercelisney JOSEPH A. WRIGHT.

Governor of Indiana:
SIR:-Allow continue the subject. The result
has BEEN that the present cumbrous, datory and
Just mode Of procedure. will be abolished, 10 the end
that something better may take its place Forms Of
tion and legal and equitable proceedings longer,
through their technicaltes be made the instruments
of injustice The sinuostes of special pleading, and
the rened arbitrary and technical rules Of evidence
connected Herewith must be consigned to the
common oblivion. The age in which we live--the adj
vancement OF the human in the useful and liberal
IN art and scienceour progress in political economy
and the grand position which great republic susans
among the nations Of the earth-ferbd that should
longer administer our laws in conformity with the iron
age Of the Jamess Elizabeth Free ard independent
politically, will be legally. We shall shake of
the old letters of tyranny abandon and forever
tho kingy forms Of barbarous age and provide for
simple mode OF arriving the truth and doing Justice
am aware that there is inconsiderable portion Of
the legal professions who deeply, earnestly and
cerely attached to the system of special pleading
has heretofore existed In England and in this State and
the and circumspecton which should make
hesitate to lay rude hands upon the law in any
of its particulars should also lead with caution
before condemning this Admit the system to be all
that is claimed for it-beautul and logical; yet the
great and almost nsuperable objection that the rules
and exceptions TO those rules and exceptions the
ceptions refined numerous, and difficult Of appl-
cation require skill and care, such rarely
be met with, in their The Commissioners recently
appointed in Massachusetts, to revise the practice in
their report the Legislature say speaking Of the rules
Of special pleading, II they exist they must be admin
sered and the opinion Of the profession in England
this be that they produce great deal
Of Injustice and still of Inconvenience Yet plead
ings there drawn by whose sole occupation is
to learn and apply these rules and who undoubtedly
possess degree Of skill and habits Of caution in its use
which ought not to be expected and certainly would
be FOUND amidst the wider range of occupation and
taInment BAR . ga system which
only lie worked by strict observance OF many mi
mute and subtle forms, will scarcely well in prac-
tice anywhere-certainly not here" s - "To
attain the ends Of pleading with the Of the fewest
practical merely technical rules, is the desideratum
and do not think the system Of special pleading has
arrived at it," IA
That these Commissioners (who among the most
learned ofthe Massachusetts bar which saying much)
not alone singular in their views they bring in
the great and cite the authority Of Lord Coke.
Speaking in the reign of James l.. he says, his
own quaint language, " When consider the course of
books of years and terms from the beginning of the
reign Of Edward ILL.,. observe that janglng and
questions grow up upon the matter Of pleading and
ceptons form, than upon the matter ITSELF and inf
mite lost for the want of good pleading Coke
Litleon $685. az II this could trny be said Of the
system in its simple form, il existed long ago
the reign Of James t. before Chity and Saunders and
Stephens with their dishearenng antes and learn
ed obscury had written what shall be said Of it nows
Practically find the most able members OF the legal
profession, who have been industrious students for
quarter Of century more, honestly standing up
against each other in courts of JUSTICE and vehem
emily insisting, and proving, at least to their own salts