Washington sentinel., 1855-01-10
THE REFORM BILL FOR THE Dis
TRICT.

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THE REFORM BILL FOR THE Dis
TRICT.
We propose to examine, this morning,
subject Of general interest to our readers in
Washington city. We refer to . bill for the
reorganization Of the courts and codiication
of the laws Of the District Of Columbia. Like
most measures Of reform, it has its oppo-
nents as we'll as its advocates The people
Of the District are divided with reference to its
merits; and we fear that the excitement of
the contest has blinded the judgments of many.
With none Of this feeling which pervades the
community, we feel lively interest in mea-
sure so vitality important in its bearing and
results to the community.
1t is trite but true maxim that changes are
not always reforms. We have been taught to
regard with jealous eye, any variation from
long established usage, which is not wholesome
and necessary. When such changes are pro-
posed, it is the part of true wisdom fully and
candidly to investigate the principles involved,
and thus to prepare the mind with an unbi-
assed Judgment, to decide upon their merits.
II is true that the time-honored recognition Of
principle is the, best guaranty of its wisdom.
But it is equally true that the long continuance
of an evil is the best preparation for change.
The man who, from prejudice, would retain
system that is wrong, is not whit wiser, and
FAR more criminal, than he who, in pursuit Of
some Utopian idea, would sacrifice the advan-
tages of present good.
The District of Columbia presents the singu-
lar spectacle Of freemen, who are denied the
noblest power of freemen, to govern them
selyes--of a people in the very centre of q
republic who are deprived ofthe right Of repre-
sentation--of community who depend for
their laws upon the will Of those, who from
residence, from property, or from patriotism,
have no interest in their condition. This
anomaly so remarkable in its character, can
only have arisen, and can only be justified on
the supposition that the wishes Of the commu-
nifty would be consulted in regard to any law
affecting its interests. 1t is, therefore, but just
and fair that Congress, in its administration Of
the affairs of the District should pay proper
regard to the opinions of the people of the
District. This, the nearest approach to popular
sovereignty that can exist here, should be re-
recognized as the principle on which alone the
people should be governed.
Such being the case, we hold that the
strongest argument in favor Of any measure
solely affecting the people Of the District, is to
he found in the fact, that it is generally accep-
table. This argument prevails in favor of the
reform now under consideration.
But the necessity for such changes as those
now in contemplation by the bill which recent.
" passed the House of Representatives, rests
upon higher grounds than the mere wish Of the
people whom it affects 1t is in itself Just, right
and expedient. 1t will be recollected that the
system oflaws adopted by Congress for the Dis
trict, was taken from the existing code Of Mary
land at the time Of the cession. The changes
which the advancing state of societyan the COM
mercial relations Of the people rendered neces-
sary, were from time to time adoptedin Maryland,
but no corresponding change was provided for
the District Of Columbia. Thus code Of laws,
enacted and made applicable to the social con-
dition Of the parent State, even when depen
dent colony upon foreign power, still to a
great extent prevails in this unprotected Dis
trict. II remains like withered and paralyzed
limb, ungrown and undeveloped, while the rest
Of the body polite, to which it originally be-
lonped. has grown into healthy and robust
manhood.
With this brief explanation, we propose to
bill 10 reorganize the courts and to reform the
laws of the District Of Columbia. Important
among these is the provision for the repeal Of
the old term and Importance system Of plead
ing, and the substitution Of pleading at rules
in its stead. 1t has long been found by expe-
rience that system Of term pleading amounts
almost to an absolute denial of justice. When,
for example, a suit is instituted under the term
system in court which meets only twice q
year, It is impossible, even in plain and uncon-
tested cause, to obtain Judgment within
eighteen months from the issue of the writ |;
while, by the system of rules, now almost
universally adopted in communities where the
common law prevails, judgment may be rem
dered within three months from the date Of the
commencement OF the suit A difference so
great becomes Of The FIRST importance in a
commercial community such as the District Of
Columbia, composed as tits almost entirely Of
trading population. Under the rule system
proposed by the reform bill, the vacation be-
tween courts is employed in preparing and ma
turing the suit. Under the term system, which
at present prevails, the vacation is exhausted
in entire idleness. The doors Of the temple Of
Justice are thus closed, except during the war
of words which prevails during the periodical
session Of the long-robed judges.
Another change proposed, and one equally
important in securing justice, is in the organ