Litchfield enquirer., 1852-05-13

sufficient TO clifford the most com plete pro-
lection TO those WHO would become bill
holders Besides all this, every necessary
end proper guard should be established to
protect the putlic against any injury from
the introduction Of SO important change
in the eifairs of Banking The whole sub.
iect is submitted TO your intelligence and
wisdom. in the hope that it may receive
that attention which it so well deserves.
The vast power given to Banking cor
portions. Gals for the exercise on
the part Of the Legislature, Of frequent
scrutiny into their operations. Created for
the good Of the public, it is important to
know how far the main purpose of obtain
ing their charters is proved 10 be the real
ones.
These institutions have been doing
prosper Gus business duling the past year,
and their profits have been great in amount.
But profits derive from transactions Which
do not strictly come within the scope of
their charter obligations. may have been
injurious to the business community.
1t was stated in the report Of the Com-
missieners for 1861, that custom prevail
ed among some OF the Banks Of The State,
Of taking usurious interest, in the form of
exchange. This was assigned as one cause
Of the large dividends, which they were
enabled to make. There is no doubt of the
fact. that the same custom prevails to con-
siderable ,xlent at the present time. 1t
this be SO. it is obviously the duty Of the
Legislature to look into this subject, and
take some means to remedy the evil.
1t is within your knowledge. however,
that tie past year has been year of COM
parative presstNe in the money market,
both here and abroad. and notwithstanding
the addition Of nearly 100000 TO the
banking capital Of this State at The last
session, there hus been more or less COM
plant OF banking operations. 1t may be
worth your while to enquire how far these
institutions have fulfilled their duties to
that public for whose benefit they were
created.
Nolhing can lie more detrimental to the
administration of justice. than the delays
and expenses to which those are subjected,
Courts OF law. Something should be done
to expedite the business Lichi is constantly
accumulating before them, and to stop, ii
possible, that increase of costs in almost
every suit, which in addition to other evils,
is making the course Of justice great
burthen to the community. thing you
, will discover, on looking into this subject,
that it is one which demands more thor
ough examination than any other which
can be named at this time, and not only
full inquiry into it, hut the application of
such remedies as have no doubt tie
present difficulties will promptly suggest.
A reorganization Of the Courts is un-
doubtedIy called for. but for want of the
necessary constitu ional amendments, the
right kind of change in the constitution of
the system, cannot be looked for imnledi-
ntely. il will not lie difficult, however. it
seems to me, to meet, to a very considera-
I'll. extent, the just expectations Of the pub-
lie in regard to this matter. A very great
degree Of improvement might be effected
by giving some additional powers to justices
of peace, and higher still, by enlarging the
powers of the Judges of the County Courts,
aud giving them final jurisdiction in many
Of tlose cases which are appealable to
higher Court. Such an alteration Of our
laws would at least be step towards re-
moving some Of the burthens Of which there
is too much reason to complain. A still
greater improvement might be effcted, per-
haps, by the establishment Of Circuit
Courts, to take the place of the present ses-
sions of the Counties. Should it lie deter
mined to carry into effect some plan of re-
form OH any ground which has been sug-
gested heretofore. or at the present time.
question may arise in regard to the amount
Of pay which should DO gved to the Judges
for their services. No doubt their salaries
should bear some reasonable proportion to
the business they are or may be required to
perform. Such do not conceive to lie
The case now. The fact that the Courts
has nearly doubled since the present organ
izalion took place. may be properly assign
ed as just cause for giving the subject
favorable consideration.
/ submit to you tie gross injustice of
that part of our laws which places it in the
power of person holding debt against
another, TO attach the property OF the debtor
before commencing process OF law forthe
proof of bis claim. The power which this
gives to an indi vidusl to crafty personal
n alevolence. and the frequent indulgence
Of individual injustice. as well as the man
ifest want of correct principles in law
which enables man 10 sacrifice the prop
erty Of another for the exclusive payment
of bis OWE debt. when on every principle OF
equal and exact justice. if right to take it
eli it should go to all the creditors pro
rota-and tie broad door opened to fraud
or fayori.isn, are among the reasons why
this remnant Of benighted rye should Be
expunged from our Statutes.
A. H. Iorv now stands the credit and