The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-02-06
JUDICIAL REFORM.

EDIroRs CLARION:
Sig attention has been called to an article
from the sea Shore Republican, suggesting
that the Circuit Judges could hold both the
Circuit aud Chancery Courts as matter of
economy and reform.
In my opinion the writer is greatly in
error. and we point to our ex perience IN the
past asa successful answer to his sugges-
tion, We tried that system in this State
under the code 1851; by that code the old
Chancery system of vice Chancery Courts
aud Superior Court of Chancery, were
abolished and Chancery Court was estab-
lsbei in each county. holding its sessions
at the same time with the Circuit Courts
Under that law Xe virtually had no Chan
Gerry system; that Court was in a great
measure ignored; in our District we had
for'our Judge one of the old Vice Chancel-
Tors, Judge Smiley, (who still adorns the
bench,) an able lawyer and like able
Equity Judge; with natural and acquired
foudness for the noble principles of Equity
Jurisprudence. and such was the tax upon
his time. by his duties in the Circuit Court,
that often he was compelled to pass Court
without trying Il cause, and ofJener he could
only give a Saturday afternoon, or night
to a cause involving thousands of dollars,
and perhaps settling principles that would
in time exercise influence for veal or
woe over many other litigants.
The profound principles of Equity which
have been recognized and established for
centuries, by the ablest judicial writer's,
both of England and the United States to
which Storey and a Kent, have eontribu-
tI,,.fp
neglected aud almost ignored by the bench
and the bar.
Its true we cannot divine what viii be
brought forth by our new system adopted
by the present code, but so far, there is Il
marked improvement in our Equity pro-
ceedings and adiudications. Our Chancel-
lors are showing the advantages of study
and our bar, especially those devoted to
Chanccry practice, are exhibiting in their
arguments and the preparation of their
cases. learning and ability.
1t was 10 cure this defect. in the old sys-
TEN of prudence of our State that the
change was made in the new Constitution,
and in the present code; and still greater
change was made in grating upon the
jurisdiction of the Chancery Courts, the
ola Probate Court with its entire iurisdic-
tion,aud although We have Just entered upon
this new system by which limited judicial
Is given to the Clerks OF the Chancerv
Courts. l must say that 50 far it has worked
wei in orr section of the State: and estates
are now conducted with more celeritv less
expense. and with greater satisfaction to
heirs, leoatees aud creditors, than formerly,
Every State under our government must
build up for itself it's own system of laws /:
and the judiciary PROFOUND the principles
that those laws are intended to establish.
Our Legislature Is engratting upon our
statute book many of the teachings of the
civil law. especially upon the rights and oh
legations of married women. We ought to
nave "a learned and able judiciary. In or
der TO secure the best talent aud our tore
most men, they must be paid.
The reform We need is 20 amend the Con.
stitutiou, a to give full employment tC
our chaucelorS Our lew years eXDeriencf
could be in one Chancery District. and givC
ample time TO try all the causes. Our Chan
eeilor complains of the shOrtness OF som,
of his courts. Tie time for holding
the courts IN each county could be arranged
i'm prGpC rtiOn to the population, litigation
ard if so arranged and held, as not I,
conflict with the time of holding the Circui
Courts, | feel assured that the good of Tia,
people, and the welfare OF our country de
mand that no other innovations should b,
made upon our present laws.
X is said Chat the chaneellOrs would bt
broken down by too much labor. Too mucl
labor did not break down the di>tingiShe,
Lord BreuSham, Whu mas recently died a
the advanced age Of ninety years, havin,
occupied the woolSsck for over sixty years
lie attributed his long life To his continues
unrelaXing activity in his j ldicial an
other studies, and constant labor in his pro
fasSion r.
FAYErrE, January, 1873.