New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-01-19

The secret history Of the ststute-book OF New
Yort, or Of any Other Of the St,tes of this Uoon,
would b. q moot curious document. Ii would
show that even Of the public acts, ~ called, those
of The most general and sweeping character. there
10 hardly ope tbat bus not originated in some par
ticular case. and the Leading Influence in procuring
the enactment Of which was not ne private
interest This is true les, Of good laws than OF
bad oues. 1t is only the special, immediate and
Individual sufferer that knows, or at least that
cafes where the shoe pinches. The most import
act am. no ments Of the law, amendments seen and
acknowledged to be highly desirable BY all the
ben b ard all the bar to be demanded alike by
common sense and common justice, have yet
been put IF from year to year, till some
lawyer. having somo case in which that
an ndnebt specially needed bas put bis shout
Ger to The wheel, and has succeeded in obtaining
its epactuent. And rs the Law is amended, so it is
tamDif,d IN TIE same way. Usfortunstely, lawyers
Nth bad cases are at least quite as active aud
iedeia 'igsele az those with good ones. We Cannot
bot bel eve that it is some such Influence that
o,isn,t. the bill now before our Assembly, repeat
IL the act by wbic, the parties to 8 suit at ls~
ave sube ctsd to judiciL II sunn stioa. The COM
mi,'ee oy which the bill has been reported may be
EDO probably are wholly unaware Of tins Influence;
but soil ue cannot but believe that the bill hiss its
origin win some lawyer Site very bad case, and
desperately sirsid Of the truth.
The great objection urged to the examination, OF
the parties TO a sut il, tee alleged temptation it
holds on, T. one or both of them 10 commit per-
jury. a. though the man who, by hls own Sileace,
or by keeping bis opponent silent, g,lus bsd
cause through the suppression Of evidence IL not,
in the eye Of God and Of common sense, Just az
much PICTURED villain as though be had formally
sworn fol.ey IN court. The temptation to deny
mans O9n signature, or mau's own promise,
held out by txempttrg him from testifilDg aud by
refusing to hear as witness the party 10 whose
presence and for whose benefit be signed the
writing or made the PROMISE, leads to u thousand
times the SID and wropg 70 bs appreheoded from
the temptation to perjury growing out Of the eI
animation OF the parties to suit Nor Is II rash
" to be concluded because two parties to
,uit contradict each other point blank, that one
OF the other must be ptUured. la q large number
Of cases, both parties are equally honest IN their
testimony, the cobtrud elton growing out OF lack OF
memory or mlsapprehension on ole side, or on
soth. If tho question was between hearing nobody
Else but tho parties, refusing to hear the parties
at all, there is q very large proportion OF cases
Which could be much more safely AID intelligebtlS
seeded BY tho help of the examination of tae
parties only; Indeed, there Is large number OF
Gases which can only be so decided Ii is not 80
easy as some nay iDsglne TO gi7e to false story
,he appearance Of truth, when that story is ex-
posed 10 the thorough sitting Of rgor-
Gus cros.-exaDinstlon. Even when the story
"a honestly told, croes--IsmDation will
so bring out its inconsistencies and contra
dlctious as often % make It. falsehood aPpar-
eut. We can we'll imsei,e that certain class OF
email lawyers m,y be- bitterly hostile to this eAaml-
nation of psrthr because ttere IL nothing that can
teLd 20 much 10 limit toe number Of Lawsuits.
Such is the inconsistency Of human nature that macy
susn who would not hestste at che 4tiDg his neigh
tor by merely ho'diog his tongue, would yes be
uuwiog IA testify to what he Aue to be false, or,
even if READY to do that, would not venture " run
the risk OF being detected and exposed BY scro''-
eianlit alton Nsy, u ore; there Is macy man who
would not hesitate to be mean by proxy, who would
SHRINK from being obliged to back up bis meanness
IN person.
Il .uAr fso. hA aFanA n