, 1861-11-28
Tbc< Grtbtt1tf.
THURSDAY, NOVEMBER os, 1861,


will meet in executing the will Of the pco- |
pie that they should commence the work
Of Inv reform, will conc entirely from the |
legal profession. The people Of every
class, taste and pursuit are thoroughly cou-
yinced that the present methods Of gaining
Justice for aggricycl parties are inefficient
and not in any case to be confidently relied |
upon. They may or may not believe the
law theory, to hare " its seat in the bo-
som Of God" but that power Of tliscrin,in-
atins between the just and unjust given TO
all by the Creator, enables them clearly to
perceive that in practice, the law, no mat
Ter how sublime its theory, does not in Hi
ncis ut least yield TO those who require its
protection or power, such aids, remedies
and results as are adequate to a realization
Of their ideas Of natural justice. The peo-
rle, therefore, are in favor Of any and every
measure which shall render more speedy
and effective the practical application Of
the principles Of justice 10 the affairs Of
business and everyday life But With the
lawyers the case is different. The least
respectable portion Of the profession oppose
I'll change for fear that reform will deprive
them Of their vocation, and leave them,
i1rieaess and fcelcss, the th7eSlbarc re-
mains Of an old-fogy system. With them
il Is the same cry it was with the old stage
drivers and inn-holders against railroads
ard steamboats,, and the same wllieh is
raised in the early history Of al reforms by
those who have pEoilcl by the old and
who have not possessed the capacity nor
courage TO understand and use the new
Such resistance will accomplish nothing
Lat its own modification and defeat.
Tie only opposition worthy Of consid-
Grafton comes from several lawyers Of re-
si.eclab!c position and talent, who say our
present system Of practice is as good It's
we Can get, and that 4 change will bring
nothing 1;ut uncertainty and confusion.
Tlia. such should bc the honest conviction
of n:tn who have devoted their profes-
siocal lives 10 the study Of the common
law practice, who have thought and known
cfno other, is as naturalas that the very
RESPECTABLE and intelligent committee who
examined George Stephenson, should have
doubted tho possibility Of driving steam
car st the rate Of twenty miles an hour.
These men admit what every ore knows,
that our present method Of practice is dcfec-
tive, tut they would not have il t1emoycd for
fear that worse system might follow.
As well might the fathers have declared
Washington, King Of Columbia, lest Ill
tried reru1iicanisn should prove worse
than tyrannic:sl monarchy.
Tie past was not made to fctter the pres
CIT. and We believe it is given to every gen
Grafton, Profting by the experience Of its
predecessor, to work out its own progress
il its own way. Confident as We arc that
our present system Of common law prac-
tice is fl only for q venerable relic Of the
Iast, and having faith that improvement
car be wrought with patient and persistent
effort, we should advocate lsw reform in
Illinois even though unguided by the cS
an,ple Of other States. But fortunately fol
those who dare only TO avail thenlsclre
ii The experience Of others, the cxperimcn
Las 1,cen tried elsewhere and with success
In New York, where common law prac
tice was tried anGcr the liberal and cnlight
encd influence and example Of tic "Spcn
Ger Court and Chancellor Kent, code
avowedly imperfect and crude al its adop
tiCn. has lcen used twelve years, and th
people and profession are unanimous in it
Praise, ard none arc more hearty in It's ap
lroyal than tie old common law practition
crs. In Massachusetts, a method Of practic
simpler than the New York code even, Ia
hcen nine years in successful operation, an
SIS refutatipn Of the declaration Of OH
Illinois lawyers, that a new system vi
l.;'ing uncertainty and confusion, question
tfrractice are much less frequently raise
ard argued than under the common lay
method. In England, where common lay
practice was carried to greater perfection
than it is possible for it to attain in tli
country, Code Of Procedure was adopte
in 1862, and has been in continued us
since.
If our high minded lawyers who object
change will lay aside their professions
devotion to tAe present system, and the
reverence for its venerable antiquities
faithfully consider which is the greatest an
most practical benefit TO their clients, Il
cid and refined subtGes Of the CONNIE
law or the new and simpler methods, II
feel assured that they will soon give to Il
Constitutional Convention and the poop
their aid and hearty support in al reason
lie efforts foT legal reform.
Il REPLY To CERTAIN CHARGE
Il the TRIBUNE had any doubts as
the righttulness OF expediency Of its pl'
for dealing with the rebellion, its dull
taticn would be removed by the way
which its opponents are obliged to ass;
It's positions. The TRIBUNE insists, th
I'll men who are loyal, shall be allowed
fight CT work for the Union, and tha: ;
slaves vino strike for the Republic in Il
its hour Of peril and sore distress, shall
entitled to their freedom. The TR1Br:
Lclds that the preservation Of the Cni
Is infinitely more important to society q
tie world 1han the Institution Of SLAYER
EnG that il order to save the nation q
sabjugate the rebellion, no patriot shor
hesitate to krock slavery out Of e1isten
and remove the cause Of the war, q
thereby restore peace to our torn a
distracted country.
From these strong positions our Cpl
nents are ret-eating, having asssiled tA'
in ya:r. When pressed for answer, I'll
admit that ne arc right on the general pr
ciple, but claim that We carry the appli
ten too far. icy allese that the 7:
BUNE advocates general arming Of t
E!ayes, for the indiscriminate massacre
una1med meg, women, aad chlldr'
They a1legs that the TRIBUNE wants
make this war for the emancipation
tie slaves, and not fer the preservation
the Union. And finally, that it adyoca
Wholesale liberation OF the slaves, whe
er belonging to loyal or rebel master
Without compensation to the former.
This flank attack On the position Of
TRIBUNE, shows that is unassailahle
front: To meet its arguments, res
must be had to fulsehood and perver:i
We are glad tnat our opponents