Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1857-05-13
LAW REFoRM.-roOsrrzuzD.]

ueAuefltsl ana as our present system VI PlN'--e7
and forms Of action sre to minds most Objection
able, we viii first discuss that question. We viii be
by opposition at the very Threshold OF this i'm
portant subject, and some win doubtless be found
who will say that correct administration CT the law
depepds on the retention Of their forms of action
and if they are destroyed, it viii lead US into mex
tricable confusion and difficulty To quiet the nerves
and fears Of these alarmsts who say that ruin viii
follow in the wake of a Reform, we would point
them to that great system Of Jurisprudence known
to US as the Civil Law in which for many centu-
res distinction has been made as to forms of ae-
ton, and we would likewise call their attention to
the great States of New York, Kentucky, Texas Cal
ifornia, louisiana Missouri, and others which have
abOshedthe distinction between the different actions
at law, and which have no disposition to return to
the system in with us. The object Of all civil
suits is to settle disputed question between the
plaintiff and defendant, and to quickly and properly
settle this, they must under all systems agree by
some method or other on the points Of dispute and
difference, to be tried by the courts.
There were formerly great many forms of action
in the common law, but many of them have fallen
into disuse and are row unknown in our practice
but there yet remains nine forms of action in this
State viz. covenant ejectment, debt, assumpsit,
plevin, trevor, detinue, trespass and case. Many
of these actions Of great antiquity, and their
origin is involved in great uncertainty and doubt,
and it would doubtless be of little interest to the
general reader to parade and collect the learning
and research of our legal antiquaries, on the now
useless subject
Formerly the forms of the original wrfts, which
were devised and issued by the chancellor and his
clerks were inserted in book kept in the chancery
called the Register of Writs and preserved as pre-
cedents for future cases. which in the reign fHenry
VIII was first committed to print and published
The number of these writs accumulated greatly,
andin the twelfth year of Henry III, the forms and
preeedents of all the sorits dc cursu, then in use
amounted to fifty in number.
These arrits de cursH were such as had been in
considerable use and provided for the most obvious
cases of wrong, yet there were cases continually
arising for which there was no adequate form Of
action or writ therefore it was provided by the
statute, Westminster 3 Is ed. c. "a That as Of
ten as it shall happen in the chancery that in one
case a writ is found, and in a like lin cOnsumii
oases) falling under the same right, and requiring
like remedy writ is to be found, the clerks Of the
chancery shall agree in making writ, or adjourn
the complaint till the next parliament and write the
cases on which they cannot agree and refer them to
the next Parliament " Many other writs than the
above were authorized by express authority Of the
legislatures large accessiOns were then made, the
whole to the ancient stock of BreUia oTgiHalia The
history Of the origin and use of our forms of actions
ought at once to convince every rejecting mind that
the correct administration Of justice does not at all
depend on the number or kinds of actions we may
have. During the reign of Henry III, it required
ffty-one actions to meet the wants of the remedial
law and that too while the rights Of men were fewer
and less complex than now, and at this time when
perhaps human rights and difficulties have increased
ten times in number, and are much more difficult:
and complicated than then, and yet according to the
testimony of all, nine actions are sufficient for ali
cases that we have is it not, we ask, fair deduc
ton that even those nine actions might be abolished,
and one substituted in their place? In the early his
tory of our law, each was new action, but
that has long since been done away with, and now
great many causes are brought under one form Of
action as every intelligent lawyer well knows. For
instance a case may be brought for malicious perse
cutiOn SANDER cr con-, injuries to the person or
property and fifty other things. In this connection,
we will put one simple inquiry to those who oppose
the abolition of the present system how is it that
you may bring fifty suits or of action, that
are entirely separate and distinct in their nature and
character, under one form of action, say case and
attain complete justice, while at the same time you
deny that all causes of action can be brought under
one action, though not dissmilar than the fifty?
The first proposition is of every day practice and
the latter can as easily be accomplished
If any thing were necessary, to show the in
utility of our various forms of action the correct
administration of law and justice, it can be easily
found in the fact that they have been used or
found necessary the admiralty and equity courts,
in the probate courts, and in many Of the special
proceedings in our common law courts, nor in any
country except England and few of the States of
this Union.
These are no utopien ideas Of ours but are such as
have found practical Judgment in the systems of
many other States and governments, and have acted
most admirably Our various forms of actions are
but as many useless clogs the wheels of justice
and of no practical Importance, and their entire
abolition is called for by that spirit of progress and
improvement, that has characterized every depart
ment of human investigation and research in the
nineteenth century.
To thOsewhO think there is nothing to be DONE we
could not better reply than by quoting from Mr..
Walker, learned American law writer, who says in
speaking Of this subject No doubt this part of the
law is susceptible of great simpi6cation and it is
equally clear that a consolidation of the forms of
action would render litigation much less expensive.
1t would 60 far likewise to exeulpate the remedial
2 Al
tricacy and technicality. The number of cases de-
cided upon mere questions Of form would be vastly
diminished. Fictions would ne longer occupy the
place they now so unworthily hold in the adminis-
traiOn of justice upon the strange maxim-i ctioas
s consstat squitots-that equity consists in the o-
tons of the law-and common law would approx
mate more nearly to the common sense of mankind"
TO BE CONTINUED.
IA We find the following paragraph in some of