Nashville daily patriot. [volume] (Nashville, Tenn.) 1855-1857, 1856-01-02

tation. All experience has shown US, SIR, that 1t
is unsafe to allow men to testify in their own be-
half. True, there are exceptions to this general
rule but these exceptions are specified by law, and
greatly guarded. Such, for instance, as the book
debt law where the pliintiff proves his account by
his own oath. This is allowed partly from necessi
~ and partly because there is generally no contest
or excitement, it being simply a small debt the
midest of all injuries. Another exception, sir, is
the case Of answers to bills of discovery, and
answers in chancery where the defendant is direct
IL Intercepted by con- painant and what, SIR, does
experience show in regard to this exception? In
nineteen cases out of twenty, the bill and answer
both sworn to- directly contradict each other. Who
ever saw an anwer conclude without denying all
fraud and nearly every thing else in the bill? These
things, sir, speak ia thunder tones and shall not
be deferred by any songs of praise which gentle
men may sing TO the dear people, from denouneing
this feature of the bill as the nest which will batch
ten thousand peijuries.
But, gentlemen say this provision will save the
cost OF witnesses. think not, sir. The answer
having contradcted the petition, additional proof
will be necessary to dispfove it. Besides, sir, the
reputation of the parties will become involved and
elimination and recriIninaton eDsue, and each par
ty will endeavor to snstain his oath BY the greatest
number of witnesses. And sir, in this connection,
permit me 70 refer TO the consequences OF tas
practice upon the reputation OF litigants. Each
party having sworn 10 his case, the reputation OF
each must become matter of social discussion.
The tongue of SANDER will be busy: and the time
will come when the finger of scorD will be pointed
at every man who may have had a lawsuit Honest
men, sensitive of their reputation, will shun the
courthouse and lose their rights, rather than seek
redress at law. This is no fancy sketch, sir but
from the very nature of man and of society, must
and will exist under the operation Of this bill.
The next feature Of the bill that attracts at
tention is that evidence in equity causes shall be
heard tenus, and not by dispositions as hereto
fore. This provision will be found utterly runous TO
litigants Under our present excellent system, the
deposition Of witness E.ay be taken at cost of
about 50, and the witness discharged without fur.
Their expense. Under the system proposed, the
witness must be kept in constant attendance until
the final hearing of the cause. The immense juris
dictiOn conferred upon the court will require it
sit several weeks in each county, and in some OF
the larger counties it will sit almost constantly.
From the very nature of equity causes, many of
them must remain upon the docket for years. and
during all this time witnesses must be in constant
attendance at ruro Gus expense to the parties, and
at great sacrifices 70 themselves. Sir / will not
pursue this objection further. To refer to it, is
expose ito name it, is to condemn 1.-THE PEG.
pie will execrate it, and if established its existence
will be very brief.
/ have thus, Sir, hastily glanced at the most
prominent features of this bill. l think have
shown that it will produce none of the good results
its friends anticipate, but that it will produce many
serious evils that they dream not of. 1t creates
new cOurt-introduces a new code of practice
proscrbes and turns out of Office the entire judcia.
ry of the State, and cOoly proclams REFORM trium-
plant. Sir, if believed this genuine reform, aud
beneficial to the country, recognizing, as do, the
doctrine that the offices are made for the people
nd not tha manila for tha I hos
itate remorselessy 20 prescribe the entire Judiciary;
but, believing az do, that it is bogus reform-a
change without Improvements retr01dde progress
in short, barren and reproductive revolution
in society," must be allowed protest in the name
justice and right, against this useless aud wanton
prescription of our most excellent Chanceilors,
Judges and Attorneys General These learned
and valuable men, Sir, were placed in Office, it
were bat yesterday, by the voice of the people.
The Judges have given up their practice, and sus-
tanned the injury common TO a change of business;
and now, sir, in cold blood, without impeachment,
without offence on their part and without sufficient
inducements, we are called upon, deliberately Sir,
to cut their Threats. 1t will be cold blooded and
deliberate butchery, Sir part if re pass this
bill, and will wash my hands and clear my skirts
of it.
Mr. Chairman, the unsettled and chaotic cond-
ton of the law, consequent upon the introduction of
a new system, will not be the least of the evils
anticipate from the passage of this bill. am
that it is generally supposed when new system has
passed both Houses OF the Legislature and received
the signatures OF the respective Speakers that the
operation of law making is complete. A greater
error cannot be imagined. In the application OF
the law to the varied transactions OF society, innu
merable difficulties will present themselves, which
il is impossible Tow to foresee or provide for. A
thousand decisions of the Supreme Court and much
future legislation, will be necessary to construe and
settle the practice under this BILL The cost to the
people of the State will be incalcuable. What,
Sir has been the history of adjudication under the
English statute OF frauds adopted in this country in
1901? Ii has been estimated that the construction
of that law by the Supreme tribunal, has cost the
British nation a million of pounds sterling for every
word in it, Yet that statute is concise and explicit
in its terms -Four years ago this body passed law
ITO simplify the action of ejectment," which was
plain in its terms and simple in its provisions But,
Sir it abolished well settled practice and left us
without the lights of experience to guide us in its
administration. The result is Sir, that scarcely any
two of our Judges understand or administer it alike,
and consequently the utmost confusion has attended
its application in our courts. And it is a most
instructive fact that nearly if not all cases under this
act, were reversed in the last Supreme Court at
Knoxville. The passage of this act was ''reform, "
but it was ininitesima in extent when compared
with that under consideration. Sir the construction
Of a. Judiciary, aud the building up of code Of
practice, is not the work of a day, or year, nor
yet oil a century. | am not welded Sir, to ancient
usages. But when system has been maturing and
perecting for centuri,s under the guidance of the
greatest inteects and purest sages of every age,
would pause long and reflect WELL before would
lay the to the root, and at a single blow effect
its destruction. Pass this bill, Sir and the lights OF
experience are extinguished, the decisions of the
past are blotttd out, and We will find ourselves
upon a trackess sea, without chart or compass TO
guide US on our way.
Sir, it has been sneeringly asked, why it is that
so many lawyers are opposed TO Law Reform:
And t has been stated in this debate, that Judges
and Chanceors and Attorneys General are irtteres
ted parties, and as SUCH have endeavored to defeat
this bill; and that the present system Of practice
so highly priced by the legal profession, is cacu
lated entrap and ensnare the people, and increase
the fees of lawyers. Sir il affords me pleasure tO
have an opportunity to speak in defence of that
enlightened and patriotic, but much abused and
Injured profession of which am an humble mem
Der. The charge, as understand il, amounts to
this that Judges Chancellors and the legal prOfes
son are endeayoring TO defeat great and sautary
measure Of reform from interested motives. Wha
is there Sir In the history OF the legal profession
TO warrant such a charge? When have they op
posed salutsry reform ? Have they not Away,
been foremost in every struggle for liberty? Is mo-
| the Declaration of Independence the production Of
a lawyeryS Was not the Constitution of the
United States principally made and expounded by
| lawyersf Have they not performed leading par;
in establishing the different Constitutions of all the
States9 And have they not contributed more thar
any other profession to the establishment Of al
our free Institutions? And this is not all Sir
They led our armies upon the fields of the revo
luton, in the war of 1919, and upon the plains o
Mexico. They have always stood in front rank:
Of their couutrys defenders. Yet Sir, they ar,
often spoken Of as the mere pirates OF society
| am sorry, Sir, to find even a faint echo Of thi