The true Democrat., 1856-01-08
For the True Democrat. Progress of Liberal Principles and Law Reform.


 and reader of your paper for some time and have perused it at all times closely analyzine the great elements of common justice, and ar earnest ad vocate of progress and reform, having been heretofore such an accord of sentiment between editors and readers have tn, ught proper to submit the offer through your col umns, of d series of articles to your readers on subject which has not been discussed in the State, and one that must sooner or later, be brought before the people.
 have thought the present a suitable time to discuss this matter, as there now seems to be a ouasi tru ee between the great democratic party, struggling for the progress of liberal principles and just and equitable reform, and the know nothing faction engaged in a wild hunt after office, the beligerants, for the present, seem- ing to have gone into winter quarters, to repair damages, sustained in the summer and fall cam paigns, and recruit for the active canvass next spring.
 The party to which you and l belong, Mir. Editor. is the party of progress and reform in any and every measure calculated to elevate and enoble man. One of the earliest law reforms achieved by the democratic party was the abo- ltion of the old absurd English law of primo geniture and entail: it was the democratic par tv that crushed the odious sentiment that the representative should not be palsied by the will of his constituent To Mat party belongs the credit of stransling and finally killing, the Il. ing at single blow the monarchial alien and sediton law.
 The motto of the party has ever been, every thing for the people and every thing by the people, equal priveleges, equal laws and equal obligation; man is born free and ought not to be fettered by absurd or unequal laws.
 The democracy of Arkansas have made still further progress, and furnished an illustrious example for the enlightened of all civilized na- tions; the election of their judiciary by the peo pie. The democracy of the State have not yet gone as far in this matter as many of it's enlightened members deem it their duty to go even to the extent of giving to the people the election of the judges and clerks of the high court
 The democracy of Arkansas have not yet done all that the interest of the people require, theirrights are often outraged by the quibbling and unjust system of legal tyranny, practiced under the monarchial common law system, yet existing in our State.
 This system once set aside, by the aid too, I hope of many of our enlightened and philan- thropc judges and lawyers, who now sustain it-we will have truly achieved a free govern ment for man. It is time to set aside the old feudal system of practice and pleading, and to abandon the distinction between the modes of proceeding and pleading in cases of legal and equitable cogizance aud to adopt uniform system of practice and pleading applicable to all cases; that the q distinctions of forms of ac- tions at law be longer retained, and that every case shall be tried upon its own merits, upon It's own facts, and the law of the case, as applicable to the rights which it involves.
 The wants of society demand an easier meth od of getting a remedy in the common law courts. The commoa law, as it is called, has m Ich of mystery about it, and consists of a mil lion or more of decisions by British judicatures from time lmmemorial, and opinions and state ments by old law authorities, many of them be- ing of the most opposite and conflicting char acter.
 With if, is mixed up many folios of Amer- can statute law, declaring, amending, repeating in part, solving doubts explaining etc. The practice in courts is partly regulated by custom and usage, and partly by statutes, often con- fiicting with such usage, and is sometimes ob- scure and of every doubtful construction.
 In short, notwithstanding the able Common, taries of Blackstone and Kent, the common law judges here and in England, have been able to find a legal precedent somewhere, for every possible crime that they have chosen to adopt. Some great lawyer says that the common law is all written, whilst others say that it is not.
 The New York Constitutional Convention provided that three commissioners be appoint ed, whose duty it should be to revise, simplify, reform and abridge the substantive law, and that three others should be appointed to en- deavor to codify and reduce to order the prac- tice in the courts. The commissioners of prac- tice, Messrs. David Graham, Arphaxed Loom- is and David Dudley Field, proposed those vast, important and beneficial changes which the le- gislature sanctioned in 1948 On the 1st day of July, 184S, the code of procedure, reme- dial system in equity, came into operation in the courts, and the old mode of common, law proceedings and practice ceased to exist. An act of 391 sections divided into two parts for the regulation of civil actions only, has been adopted.
 Future parts will embrace criminal proceed ure, regulations respecting the jurisdiction of courts, the rules of evidence, and all proceed ings not actions, classed as special. Some of the alterations from the old law practice are as follows:
 1st A written acknowled gment signed by the party to be charged, is necessary to revive a debt barred by the statute of limitations.
 2d It extends exemption from arrest and imprisonment, except when defendant is non- resident, or about to leave the State
 3d. It requires plaintiff to give security for defendants costs and damages, on applying for an order of arrest.
 4th. It allows deposit of money instead of bail
 9th. It provides that no suit shall abate by the death, marriage, or other disability of the party.
 6th. Issues of law and fact may be referred to arbitrators; the parties may select from the community the final judges of their controvar sics.
 7th. All fees, and restricting and regulating agreements, between council and attorney and client, are abolished, but the successful party is allowed an indemnity from his opponent
 Sth. All parties differing may submit case