Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1851-09-18
Legal Reform.-No. 3.
To His Ereeuency, JOSEPH A. WRIGHT,
Governor Of Indiana:

Gorernor Of Indiana:
The mere practice, (asde from the evils connected
with the special pleading sysem) has always, in our
State been simple compared with that oil the English
Courts and il most sincerely be hoped that the
changes about be made will add to its proxity
The great evil to be remedied, and which calls the
most loudly for reform is the delay and this leads to
remark that the system SHOULD BE PROMPT AND
SPEEDY IN ITS OPERATIONS.
Having already glanced cursory at the enormous de-
lays which may be legally nerPosed to the party seeking
redress will only add that such provision should at
be made will utterly and Tor ever put end to the evil
Justice can never be administered speedily and without
DELAY so long many Of statutory provisions
main. Legal process must be prompt, in order to be
effective The rights OF the citizen are not at all pro-
teced long the law gives his adversary the power
to prevent delay him almost at will 1t has been made
question with reformers whether all laws Tor the
collection of debts ought be abolished but, il is
not probable that any such dea at present. would hnd
favor with the people of Indiana So long commerce
demands the e the credit system in the OF
the world it continue to exist here, and so long
exists be controlled regulated and protected
bv law IT, them the enforcement oil civil contracts,
and between citizens is still to form feature
in our law let longer continue TO be- as 1t has been
surrounded with many barriers and delays as TO make
the proceeding a mockery OF justice, and the remedy
next to worthless Such dlatory laws never have been
approved by the people. They are left in their contracts
to say, il they choose, that the valuation and ap-
prasement laws shall govern in their particular case
and this is now almost universally done SO that at
years past have had the anomaly Of general law rem
dered nugaory by the action Of tbs people themselves
do say that aPprasement OF property should Se
had but only that present statutes upon that SUBJ
ect are UNJUST and present almost efiectua barrier
to the enforcement Of civil contract if the law had
absolutely denied the power. The Constitution oil the
United States provides, that State shall make any
thing but gold and silver lawful tender in the payment
of debts yet Indiana in effect says to the CREDITOR
'you must take your debtors property at such price as
his neighbors may place upon it, go without your
duen Is not this plain violation OF at least the spirit
of the Federal Constitutioni
1t is in vain to say what all experiences proves to be
untrue that the law supposes the property will sell at It's
value Legal sales are forced sales, and forced sales
must always be- some extent, sacrifice oil value
When was il ever known that real estate sold under ex
ecuton at its full appraised value for cash. or to any
other than the Judgment credtor Such instance may
have occurred, but never within my knowledge Then
the practical operation Of appraisement laws, ESQ
far as they operate at is % make property, at Its
full appraised value lawful tender, well for the pay
mcut of debts % OF all other claims and demands whefh
or arising upon contract for espasses to the person
Or property, and injuries TO the personal rights The
peope in I'll their dealings with each other, are con-
stansly considering them II Happraisemsnts Of property
arc TO be continued, part Of our permanent law,
such notifications should be made, w admit Of some
reasonable prospect Of converting tnto cash Exempt