Nashville daily patriot. [volume] (Nashville, Tenn.) 1855-1857, 1855-12-14
LAW Reform.

The author of the letter from which we are
permitted to make the snbjoined extract, is
one Of the clearest headed and most reliable
jurists in this State, and is at present Judge of
the twelfth Judicial Circuit. He is man of
great personal popularity, and could, beyond a
doubt, be reelected, should he desire it, by a
large majority over any man in his Circuit, in
the event of the bill now before the Legisla-
4 ture, becoming a law. His >pinion of that
measure is that of an able and experienced iu-
Irist, and, under the circumstances, may be re-
garded not only as candid, but impartial, and,
as such, we invoke the attention of members
of the Legislature to them, as worthy their
respectful consideration:
cambridge, Tenn, Dec. g, 1855.
DEAR SIR:-I am much obliged to you for the
copy of the "Bil to reorganizs the judicial System
of Tennessee, and to reform the Code of Practice,
which you sent me. have examined it, and find
it go full of fatal and defects that it is impos-
sible to compress them within the limits of letter
The whole thing is wrong, because the principle
upon which it is founded is erroneous, and cannot,
in practice be carried out and executed benefcalIy
to the public; aud would, in my opinion, be greatly
prejudical to the State. The present Judicial sys
TEN IS in its pan the best that has been adOp.
ted in any country though it is injured in its de.
tails, because we have too many Chancery Courts.
If they were consolidated into a less number, the
whole defect of the present system would be RENE
died
Originally, in this State, the Circuit Courts had
Equity jurisdiction, which continued up to 1927,
when separate Chancery Courts were organized,
experience having shown the necessity for such
separate organization. To dispense with the Chan
Gerry Courts, and throw the Equity causes into the
Circuit Courts, or into the "Court of Common Law
and Equity" would be but adopting again the sys,
tenn which the experience of the country compelled
us to abandon. As to the practice of our Courts,
there is no State in the Union where the mode of
practice is more simple and less involved in techn.
caiities. Audit would take the Courts of the State
with the aid of the Legislature, at least twenty five
years to build up system of practice under this
BILL simple in its details the present practice
of Courts. AS to providing for but one civil &C
both personal and real property, for SANDER, and
assaults and batteries upon the person of man,
the attempt is about as futile as for the Legislature
to pass law that Doctor should unite all the va
rious medicines, both of liquids and solid substan-
ces, into one compound Pill and administer it to
every patient for all diseases, Unfortunately that
the human system is subject to; and the law would
operate about as injurousy in the one case as in
the other.
The declaration that is now filed by the plaintiff
in Court of Law under our system of practice, Gin
clear and concise language" sets out the causes of
action, and it could not be done better in 'peti-
ton" for the petition would have to contain the
same language, and none more clear and concise
could be employed, nor could the petition, in its
form, be more simple.
Another, objection to the bill is that it requires
the petition to be to in all cases, and also the
answer of the defendant. This holds out a tempta.
ton to the parties to commit perjury, which it is to
be feared would in too many instances be the
1t mutiples oaths in judicial proceedings, and the
more they are multiplied, the less solemnity will be
attached to them.
have no doubt that the expenses of a suit to
the suffers would be greatly increased under the
system proposed by this bill, and which should be
avoided, if possible. 1t would cost the people Of
the State-who have business in Courts-a vast
amount, before a system under it could be brought
to be as simple in its forms, experience has
brought the present. Tennessee is too old to blot
out all that the experience of fifty years has taught
US and to attempt to build up, from the beginning,
new system, though the State was just coming
into existence. l am unable in any way to see any
substantial good that result from the passage of
this bill, but much evil may grow out of it, and Sc
rous injury be inflicted upon the people Of the State
You may rely upon it, it is dangerous and hazar-
dous experiment.
Your friend,
ROBERT Fl. HYNDS.