Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1851-09-18

money. This, confident, is the sentiment of the
people The appraisement laws, however, being capa.
bic OF waiver, by express contract have bsen very
great extent, rendered imperative and really
OF the least effective instruments Of delays and the
other mpedimens of contnuances false pleading
oil error repevn bail nunctons and restraining orders
together with the long time for Of executions and
the small risk Of which all these things may be
DONE call most loudly for reform. Time will not allow
even the suggestion OF plan, with It's particulars for
the reform Of these abuses-suee to say that radical
revision is demanded and wherever the the
practice upon any OF these subjects contravenes the
organic law and prevents prompt and efficient action In
good effect OF prompt administration Of Justice will be
materially reduce the amount Of litigation As the law
now stands, defendants without merit upon their side,
invited to the arena, and make merely
Tor the sake OF time, while under prompt system they
would not deem the time to be gained any compensa
on ior the expenses incurred and would either pay the
claim without suit allow the law take its
without opposition.
As the instruments Of speedy destruction in battle the
Paixhan guns and flying artillery Of modern warfare ,
have rendered the appeal TO arms between nations IN
times less litigation, which is but spe
ces of individual warfare, continue grow less
as the chances of fraudulent delays diminished and
an effective administration OF justice secured The de-
sign of all law is to compel men do right, and when
an end be attained by cnmpuson, the more speedily
that object is accomplished the better Laws, diatory
in their enforcement, placing redress the injured
party distant future be to him redress
uray and necessarily lead to revenge and retaliation,
and the many instances OF awess violence which stand
been the legitimate offspring of defective civil code
Selfdefence that first law of nature, prompt the
individual to do for himself that Justice denied by the laws
and whenever and wherever redress cannot be had
through the constituted tribunals of the country the
people always have, and always will, erect q stand
point OF their own call Lynch law what you please
from which the banner of prompt, but lawless protec@
ton will be unlured. Such state of society," however
much to be deplored, often sad necessity from
which there escape. The two classes the awess
and the order loving, have come in conflict. The laws
hov koon fra~, .n1a -rr-1 IL
into operation by the courts deny protection the
well disposed citizen, and he must either himself become
an outlaw, and submit to oppression and injustice Of
every kind the dreadful alternative OF
ting up and enforcing the mandates Of tribunal Of his
own. Confidence is the great principle which lays at
the foundation of the whole credit system Destroy this
such legal guarantees will its punctua repay
ment II will not be loaned all but rather boarded and
community deprived of all the benefits which would
suit from its active employment. II it should be objec-
ted that the prompness contended for might operate
with much hardship upon the debtor class may be
piled that the argument, little extended; would
take away all remedy-for, If be hard to pay hon.
est debt at the end OF three six months, II may be
equally at the end Of three six years even at ALL
The hardship may be degree less onerous in the one
case than in the other, but think the experience Of
mankind justfes the assertion that old debts the
hardest to pay. But why spend time in idle dscussioni
The Constitution has settled the question, and If
"speedily and without delay " is be held
meaning phrase then all supposed hardships the part
consideration whatever The law says TO him--"when
you consented to become debtor you knew the terms
part OF your abide my requirements,
and you have right to complain OF their ENFORCE
ment than your creditor has, that he is compiled to re-
ssrt TO the way provided for redress"
Improvdent and thoughtless indebtedness will be- to
great extent obvated by system Of prompt collec
tions Knowing the hazard OF sacrifice to his property
by not paying puuctually, the individual will act with
much care and cTcumspecton, in contracting OBJ
legations and thus will the credits OF community rest on
a much surer and more reliable basis.
Again: Any system which may he adopted SHOULD
BE PLAIN AND EASILY UNDERSTOOD. Truth is simple,
it is endurng while falsehood and fraud delight in
and obscurity. 1t is maxim, that ignor.
ance OF the law excuseth no one and yet how lily un-
derstood the law Is only by the but by those
who have spent their lives in its study the Judicial re-
cords of the country attest. And nowhere IS this
severely felt than in the rules Of practice which
courts How often do their proceedings bear
Of party being turned away without remedy,
because he entitled 10 legal redress, but
blind and complicated that his counsel could not under
stand it. The form wrong, and although the sub
stance be not wanting yet form must prevail Courts
must spend their time in settling distractions of no pos
sibe consequence the merits of the controversy. All
these senseess and perpexng questions will at once be
put end to, by practice which shall require the par
ties gant under the sanction Of OATH to state their
of action defence in language easily understood
and plain to the comprehension Of every one. Under
constitutional provisions every good citizen is
made lawyer If he chooses to be one and although II
ally their attention the legal profession yet mas
much the right do exists, that may be urged
an additional motive to simplicity.
not saying, and do not wish to be so understood,
that all the varied forms and circumstances of human
conduct can be provided for and summed up in the bro
vity OF few paragraphs, few n.eagre sentences
On the contrary with the greatest abundance OF legal
enactments it is well known to every lawyer that the
s causus orssus," right without remedy, is found
to be not unlrequent occurrence. The combination
Of circumstances which sometimes arise are so novel
and unforeseen have placed beyond the province
Of human wisdom TO have anticipated them. such always
has and always will be characteristic of the best e
orts of Perfection will never be found in any code,
and best the will only be entitled TO rank as an
Improvement upon what has gone before. Unforeseen
,ases and difficulties will arise under the most perfect
,ystem which human wisdom may devise. lhe great
error and the to be guarded against IN all the
modern attempts at legal reform, IS complexlty' or
ort OF spinning of the subject into an immense num-
Der of particulars The rules for proceedings TO be laid
iown by the Legislature, should only attempt to en-
the outlines, leaving questions o construction 10
settled by the Courts they may arse IN practce
or when statute prescribes exact mode OF nroceed
ng il must be complied with in every particular; the
sovereignty, the awmakng power, has spoken, and It's
mandates require implicit obediencean obedience which
must in all he observed however hard unjust IN
application the particular To remedy the de-
ect additional legislation is called for, modlhcauons
nade rules and exceptions added until the whole sys
EN- becomes unwieldy in its operations, and uncertain
results-rendering the law in its administration
mere mockery of justice, repeat, the Legislature
hould only attempt to establish the great landmarks
,rovide the outline were leaving with the Courts,
where it more properly belongs the duty Of Sng and
,erecng the system by such rules the best interests
the people and the due despatch Of business may seem
o reqsrrc This, in my opinion is the only plan which
viii prove successful Statutes, when once made, are
bsolue and unbending, while rules Of court may be
~sily changed and modified to meet defects. The
eat fault Of the age is the tendency TO do too much
grand jury for instance usually think II necessary TO
ndict almost every in community, merely in order
show they have done something and our Legislative
a. f,rah