The true Democrat., 1856-01-29

leSal proceedings, IS the great and good WOrk that enlightened men are now called upon to effect. Of course, we may expect to find much opposition, but it will be found such as has al- ways been and always will be arrayed against every measure of beneficial reform.
 It will be found that the advocates of this measure, on trial of strength, will be found too numerous and strong for their opponents.
 The gains of the craft, by some, may be thought will be assailed and "great is Dana!" will be their war cry. The part of the reform code embraced in the third report of the New York commissioners, relates to the statute of limitations as applied to real estate, and denials of justice; revision of the laws as to preroga- tive writs, abandoning law Latin, and substtut- ing plain English instead; writs of deliverance and provision for insuring, as near as may be- more equal distribution of jury duty among the citizens
 A reform code should embrace procedure in criminal cases, and the practice in relation to the jurisdiction of the courts; the functions and duties of judicial officers, including sheriffs coroners, referees and clerks; the discharge of insolvent and imprisoned debtors; the enforce ment of liens and the law of evidence
 The people of New York appear to be satis- | fled that their expectations have not been dis. appointed in receiving real, complete and last ing reform in legal procedure under their re- formed code. The people of Arkansas would, l Loi ind, to l industriously this great work of reform, if any one would collect and publish the data from the court calendar at Little Rock, and some of the district courts and exhibit to the public their snail like progress; their vexatious and expensive delays, with hundreds of honest and industrious citizens waiting from term to term, and from year to year. that they may get de- cision upon the plainest and simplest questions of justice and right.
 We sincerely hope to find many of the able judges of these courts on the side of the peo- pie and reform; as they must know that much of the delay, and consequently, heavy and onerous cost, is referable to defective mode of procedure.
 It is very great mistake to suppose this question of reform has proved failure in New York. The work has progressed and done we'll
 That it has met with much opposition from interested classes, is true; but, thus far, it has been triulnphantly sustained surmounting eve- ry difficulty thrown in its way.
 l Those who wish to be freed from common law judicial tyranny and procedure must en- gage in the work of reform. It only wants good and resolute beginning; recruits will soon be found, sufficient for all useful purposes
 Under our present judicial system, 1t is al- most useless for a poor man to go into court; it Is true that the constitution stipulates that all courts shall be open and every person for an injury done him, in his lands, goods, person or reputation, shall have by due course of law, right and justice administered, without sale, denial or delay; yet how is this to be timely obtained in courts which are held at long inter- vals apart in each citizens county, or held one or two hundred miles from home, and under the rules of an ancient system of procedure, wholly inappcable to the wants and inteli- gence of the people of the present day, who, take bold and free thought from the very system of free and democratic government, whose every studied act gives new lessons for independent thought and action. What poor man can afford to wait the delays of suit in chancery, protracted probably, for years ?- What poor man can fee lawyer to travel two hundred miles to Little Rock, pay his tavern bill for three or four weeks, and then learn that his case will not be reached; and after a second trip on the same errand, and like delay be told that his case is continued, remanded, or dismissed, not upon its merits but in bringing up the case to the court; the lawyer the clerk, in making out the record, the appellant, or the appellee the witness, or somebody else has said tweedledum, when he ought to have said twee- dledee. The lawyer is told that the statute of jeofalls does not apply to his case; his case must be remanded, and he must have it tweedledee next time, and not tweedledum or he will lose his case.
 The writer had case in court, the trial of which he wished to continue for want of wit ness. He made known the fact to the court, | (the judge of which was man of good con- mon sense in every department of life, except when his judgment was confusedin the judicial meshe and functions of Common law proceed ure ) who insisted that he must state what he wanted to prove by the absent witness, actually compelled him to do so in open court; and then required him to make affidavit to the facts He compiled strictly with the requisition, read his affidavit in open court; whereupon the judge replied, that said affidavit was defective, inas- much as it did not state at what tme or at what l term of the court he would have said witness In vain did the writer plead for permission to amend his affidavit, and ill vain did he aver that he would have the witness at the next court; there was 10 statute of jeofails for such procedure.
 The writer was forced, unprepared, into trial, and lost good cause.
 It is reform code of procedure that the country wants to prevent such abuses.
 COMMON SENSE.
 Camden, Ark., Jan. 18th, 1856.
 Mississippi Items.
 PUBLIC PR1NTER.-On the Eth inst, MT. E. BARKsDALE, of the Mississippian, was nomi- hated public printer by caucus of the demo- cratic members of the Legislature. We con- gratulate our friend BARKsDALE upon his suc- cess, as we'll as the democratic party, upon the judicious selection made A resolution was adopted by the House to go into the election on