The Washington union., 1857-11-22
FROM AN OCCASIONAL JcoRREsPoNDEsT, J
s,osr Los.ons Now Is lss7

~~~~'-~N
and advantages derived from what Is called the progress
OF civilization and refinement not either altogether
imaginary or at least purchased for muea more than
they worth There is another question OF equal Inn
poranee connected with this subject Is II not certain
that both cviiztion and refinement may be carried 10
such extent produce far greater social and moral
evils than those incident TO state Of nature which Is
not a. has been assumed by Mr. Burke and other eele
brate writer's state Of universal anarchy and violence
equally unsustained by by law Mankind has
yet been found in this state and It's existence would
be incompatible with the very Instincts Of of beings
which are everywhere drawn into degree Of social in
tercourse by mutual and mutual antes, The In
dans OF this portion of North America perhaps
of nature any people hitherto discover
cd yet the different tribes have system of domestic
policy founded exclusively In reason to which all voun
tary submit though neither sustained by written laws
nor enforced by the civil military authority There ii
scarcely historical example of civil between two
factions the tribe their conflicts always with
their hereditary enemies either for avenging their wrongs
individually collectively resisting encroachnents
their ancient hunting grounds May not draw from
the example our Indians not comparison, at least
suspicion that the modern system of government which
costs such immense sums inpoverishes nations, and
monopozes large portion of what Is essential to hu
existence which converts men into children, and
places them in the nursery which proceeds on the as
sumption that rational beings cannot be safely ntrsted
with the direction of their private affairs and which
has given rise to the saying there is nothing certain in
this world but death and taxess there not too much
reason to apprehend that the business of has
been oyerdone that it costs rather than 1t is
worth and that in short we paying too much for
our whistle H ~ bfes at .Htj gsasl = fa
have been led into these reflections by the following
paragraph / cut from newspaper which accidentally
fell into my hands $50 @
HEAVY CosTs--In the argument of motion in the
great trust case befose the court OF appeals yesterday
the fact disclosed that the receiver Of the North
American Trust and Banking Company David Leayitt,
had actually paid out for COSTS counsel fees and other
legal expenses up the first day OF May last the of
$l99 81 that other expenses of the kind have
been incurred and which remain unpaid TO the amount
of about s5 O00 1t also stated that the special
ceyer Mr. Palmer has paid out for COSTS &c. $52
O00 The amount paid and incurred by the general
cever representing only the expenses of side OF
multiplicity Of law suits it may be safely assumed that
an equal has been incurred by the parties the
other side and that the litigation growing out of the a
fairs of this Trust Company has already cost sum ex
ceedng half million OF dollars. The motion yester-
day related to the question whether the counsel fees and
other expenses other than in the taxable costs Of the
cever in the decided at the June term shall be paid
out the fund pledged to the foreign bondholders
ont of imaginary residue Of funds in the receivers
hands. ,,saI b g.ast g9 ss5s ts.ea
This Trust Company II seems, failed some sixteen
years ago. receiver appointed to wind up its a
fairs for the benefit of the creditors It has been
since ia litigation and the annual fees, stated above
arc verified by affidavit of Mr. McFarlane, agent Of the
principal creditors The affidavit of Mr. McFarauc states
the claims Of the principal creditors the funds Of this
company amount to So 000 the estimated value
the assets at ST. 421 "a and the " loss Of the claim
ants after sixteen years litigation at 81 54s,6 76
Thus appears that such is the glorious uncertainty of
the law in the State of New York, where the code
nf
sixteen years. and expenditure of half million
In counsel fees involving such vast amount of
property still depending In the court of appeals of that
State What will be it's fate there it is impossible to tell
Whether the learned and wellpaid counsel will finally
retire. contented with their share of the spoil of the cred
itors of the Trust Company, whether by nge
nous fect qubble they will be able to lengthen
the lingering existence Of this immortal sixteen year-old
sixteen years longer remains to be secn My own opn
ion s that long the funds of the company last and
the receiver continues pay counsel fees with such com
mendabe liberaity, the suit will be continued to the
sslong term Of doomsday.
The first inquiry that actually presents itself in case
of this kind is whether these delays essentially
sary to the due administration of justice? and the second
whether that law which is said to be the perfection of
reason well '.rule Of action for the govern
ment of mankind" is abstruse metaphysical, ncon-
sistent and contradictory to require the labo Of half
dozen arguments u u score OF TWO
yer and sixteen years of aborious investigation to recon-
cile it to the principles of justice and equityi The third
and last question If these delays indispensable to
the due administration of Justice, and if system of
law is really absrse, metaphysical, Inconsistent, and
contradictory to require many courts, many law
yers many years. and many hundred thousand dol
lars to decide simple question between debtor and cred
ito whether In chat case, it would not the whole be
better treat fifty thousand cartoads of law rub
bsh the curate the bachelor and the barber did Don
Quxotes library of romanccs-pie them them up in the
yard and set them on fire o! for another Caliph Omar
or Napoleon Bonaparte ! i 3s 4Eests 4g osfrds ss
No one can witness or read the proceedings Of our
courts of law without perceying at that either from
the multiplicity and confusion of laws the faago of con-
tradotory and conflicting DECISIONS the perverse ngenu
y of lawyers and the facility Of judges in yielding to
their sophistries and quibblcs, sns at law FREE
quenty-not to say invariably spun out into delays
that amount to little less than denial Of Justice What
with demurers, exceptions, appeals, motions for
trials and other ingenious subteruges which always
forthcoming long the purse of the client holds out
there secms end TO litigation and resort to the law
for redress about equivalent to appeal 10 posterty
If law is ste perfection of reason il would that
one great object in compiling system Of laws should be
to bring it within the comprehension Of all rational be-
ings tits to be "a rule Of action to all mankind, it
should be simple brief and direct that they should
at once know what their rights and what their duties
Its meaning should be distinctly visible its face in
stead of being buried in the rubbish Of past ages and