, 1861-10-30
LAW REF0RMs

ut Gloucester Assizes Of the last old wo-
man who was tried for witch. "Then
you may; there is no law against it."
Thus did the simple, practical sense Of the
judge end alike the prosecutions and the
pretensions of witchcraft.
Although witches and horseshoes over
the latch no longer occupy the minds of
tlnid nursery maids, still is there demand
for more Of Justice Powell's common-sense,
and nov here is the necessity more urgent
than in our own courts Of law, The quirks
and bubbles, and dark fctions Of the law,
which so mystify judge, jury and advocate,
that justice to the client is rarely discoV-
cred, require but the infusion Of strong,
straightforward. common sense into our
jurisprudence, to make them, like the tricks
and dread Of witches, foolish things Of the
past,
Courts were originally Instituted to give
aggrieyed parties natural justice, and if we
judge Alright, that is or should be the aim
il our modern forum. The people, for
whom all laws and courts exist, desire and
from the very nature Of the case deserve,
the most simple and cGectual means which
human agency can place within their
reach, to secure them their rights Of person
and property. Technicalities, the match
less logic of special pleading, long and
learned arguments and profound decisions
avail nothing, go that they yield not speedy
and effective justice.
That the methods by which the citizens
OF Illinois are required to seek protection
for their rights and redress for their wrongs,
are Of so complicated character as TO fail
Of the high purpose for which they were
established, the most bigoted advocate of
red-tape and musty logic will not presume
to deny.
It is fact patent US monday that such
is the delay, expense aud glorious uncer-
tainty" Of litigation that none but fools
and knaves waste their time at the So
called seats Of justice, and they, to avoid
rather than seek their deserts. II thevaiue
lie small which a party desires to recover,
he is sure TO lose more than it is worth in
costs and lawyers fees, if he asks for it in
court, while if the amount lie seeks to re-
possess be important his aggressor boldly
defes him with the laws delay Until he is
glad to be content with half he claims.
Under such methods and practice Illinois
Is about to assemble her delegates in Con-
siitutional Convention, and noW or never
is the time to provide for the abolition of
these evils and the institution Of legal re-
form. Now is the time to cast aside the
fctions and misty forms Of obsolete law
and bring our jurisprudence out into the
clear light Of common sense. We adYo-
cate no code nor any other established
form Of prctice which does not remove in
whole OF part the cause Of the complaints
the people are SO abundantly justified in
making. But ne do ask, what every
high minded lawyer will admit there
is great need OF, reform and simpli-
dcaton Of our present modes Of
practice. We ask that there should be
more Of common sense and less Of legal
mystifcatioD, more Of active practicabi1ity
and less Of circuitous and exhaustive delay
II the process through which the client
may look for justice. We desire no more
CT ange than q plain, practical, energetic
and honest people demand, and no more
than the legal profession, if it be that body
of candid, intelligent men we have bean
taught to believe, shall in its wisdom con
ceive to be adequate to the demand. The
present state Of affairs is opportune for re-
form. The next Legislature, upon whom
the labor will legitimately devolye, if it be
commenced by the Constitutional Convcn-
hop, will be chosen before the hot strife
ofparty politics will again divide the peo-
people, and there will be no difficulty in
st1ecting our best men for the work.
There is no reason why Illinois should
not possess system of jurisprudence like
herself, vigorous, practical and effective.
In our efforts for reform We have to
profit by and improve upon the example
Ct Ohio, New York, Massachusetts,, and
even Old England, from whom we inherit
all our dead members Of the law, Ill Of
which States have put away the old COM
mon laW~practice for new and simpler
methods. We trust that both the LEGAL
profession and the intelligent people will
take hold Of this matter and work faith
fully and cordially until it is possible for
all, the plain citizen and the as.ute LAWYER.
to enjoy with Coke "the gladsome Light
of iurisDrudence