Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1857-05-12
CoMKUNIcAET0N
LAW REFORM.

Inc SUBJECT has been before our last two Legisla-
lures, but failed though large majority of the peo-
pie were for it; their wishes have been dsregarded,
and the law failed because of the tremendous Juror
and excitement raised against it. by those interested
In its failure. About Hinetenths Of our Oldest law
yers the Attorney Generals of the State the Clerks
and Masters and on and theirparticular friends,
became very much excited and poured into the
Capitol in person and by letter. as though ruin and
a complete destruction of our laws would be the
consequence from the passage of the Law Reform
Bill
Not only was this done to kill of the bill, but the
opposition was carried so far, by many of this inter
ested class to attack both publicly and privately,
the motives and conduct of the most prominent
friends and advocates Of the bill, who had the
illness and bodness to throw off the shackles of pre-
JUDGE and interest and advocate reform of the
great and crying evils of present system Great
reforms and innovations generally meet with oppO-
position and require considerable time to overcome
the prejudces of those who intuityely stick to cid
systems and theories, and who from habit oppose
all things that conflict with their stereotyped idea
of things but in this particular case, the very men
ton Of reform seemed to strike terror and alarm
into the minds of many who really knew nothing
about it. or we're interested in its defeat and their
strongest opposition was aroused against it. This
important measure had clear majority in its favor
at one time in our last Legislature, but the members
of the legal profession so alarmed the fears of few
during the christmas holidays, that they came back
and voted against it but, we hope this time that
the people will be sure, and elect majority to carry
out this great measure, and who will not fater in
their duty to the people, because of a senseless
camor from interested parties From the opposition
of many, it would appear that nOreform or changes
have occurred since the days of Coke and Lyttleton
in our system of jurisprudence, and that reform
or changes are necessary. Changes have been and
will be made and are greatly needed, and while we
would not with Vandal hands tear down our yenera-
BILE and antique system, which in the eyes of many
lawyers is canonzed unless it is detectives yet, we
will not bow down and idOze it, while there are so
many errors in it, and it is SO poorly adapted to the
progress the nineteenth century and the free born
people of our State.
Our present system has come down to US from the
dark ages, and is not adapted the wants. necessi
ties, and intelligence of free people, whose motto
is progress ond improvement in all things. 1t orr
glndJeu kllgy anu IdIlnlCd4 Urn VI 5oF-
eminent, which our forefathers had the good sense
and firmness to long since throw off, and shall we
50 tenacously hold to it, when it is little ad-
apted to our preset condition. as we are to the old
English government? Much gifts organization, and
nancy of its precedents and rules were adapted to
meet cases and circumstances that no longer exist
and of course makes them untitled for US. Many of
the eEerescences of this system have been pruned
off from time to time, and especially in Tennessee,
for the last three Legislatures yet much remains to
be done; and we are for tearing down the old, and
building up new edfce of beautiful and harmoni-
Gus proportions, rather than try to add to and i'm
prove the old; which is an eye-sOre to the inteli-
gence of the age. Such proposition, is doubtless
shocking to the senses and ideas Of that class of
lawyers, who have or are growing old, and who have
been successful in accumulating and treasuring up
the bubbles and techncalities Of the law; not to
further the great ends and principles of justice, but
to enrap their opponents and get causes decided on
technicalites rather than according to justice They
would have Of the nineteenth century, te hold on
to the things of the fifteenth century, because it
would at once do away with the most of their stock
in trade, and place the younger members of the
profession on an equality with Them and at the same
time greatly promote the ends of justice To such
gentlemen, the remarks of Sir Matthew Hale, good
man, and enc of the most distinguished Judges of
England, would well apply, who said: by long usage
and CUSTOM men especially that are aged, and have
long been educated to the profession and practice Of
the law contract kind of superstitious veneration
for it, beyond what is just and reasonable. They
ten:aiOusy and vigorously maintain these very
forms and proceedings, and practices which, though
possibly at first they we're reasonable and useful,
yet by the very change of matters they become not
only useless and imperfect, but burthensome and
inconvenient and prejudicial to the justice
and comman good of mankind; not considering that
the forms and presorpts of law not introduced
for their own sakes but for the of public justice;
and therefore, when they become insipid usees
impertinent, and possibly derogatory to the end,
they may and must be removed.
To those gentlemen of the legal profession, WHO
think that old system of jurisprudence is the per-
lection Of human reason, we need not urge the
Importance of Law Reforms, for such gentlemen
thought, doubtlessly, when the trial by wager Of
battle was abolished by which plan suffers settled
their rights in presence of the judges by hostile
combat, that ruin would be the consequence to the
whole system of jurisprudence. At one time, the
feudal system, the law Of entails and primogeniture
the benefit Of clergy, and on, exercised deadly
influence on our laws, and the administration Of
justice but the pruning knife Of reform has taken
these excrescences off Of the body polite; but we
are for going little further, and destroying this
same body, which had its origin and growth by
means of the same poisonous excrescences, and |
which has in its composition much that is dele
FERROUS and fatal to our present condition. they
could be- No one would now contend for the dis
carded laws of other days and yet system is but
part and parcel of them, and we think equally as
open to objection.
Believing that reform has done much to relieve our
laws from their unsutableness to our condition and
changes, and that there is much yet to be done to
adapt them to a free, republican, intelligent and |
progressive people, and that the whole system is
wrong, thought comes down to haIlOwed by the /
learning and genius of Blackstone Hale, Chitty, |
Mansfield, and others; we propose not to stand as
careless spectators on the stream, but to overthrow
the present. and build different one, from whence
the pure streams Of justice viii flow. The question
never having been discussed or presented to the .
public mind, and believing its principles correct,
and that they lead to correct results propose to
take up and discuss the subject some length. The
DIan we nroDosp Is similar in its general outline to