mination of justice, at our town caucaces. We have a still more illustrious instance in an ex-President of the United States,* serving for many years as a justice of the peace.

On looking over the world, wherever we find that legal reforms have been instituted, and the judiciary system, modernized, the most sanguine expectations of its advocates have been realized, in opposition to the croakings of those already installed in the practice of the profession. In that stupendous fabric of human wisdom and invention, the "Code Napoleon," the architect who planned it, and the great law-giver who decided upon the fitness of every section and sentence, was no lawyer; but it hos rendered justice comparatively certain, simple and cheap, and has conferred inestimable blessings on the millions of France, and other nations who have since adopted that simple system.

Denmark, and then Sweeden, have lately adopted an important judicial reform. According to Baird, (a late traveler in the north of Európe,) the people now elect from among themselves, once in four years, persons who set whenever called on, as a "court of agreement," before whom all matters of difference must first be brought. The court hears and examines into every thing relating to the difference, in an informal way, and then gives its decision. So far, this is a simple and cheap process; and if both parties are satisfied, the matter ends here, if not, they can appeal to a higher court. This simple procedure relieves the people of nine-tenths of the former costs of litigation, and the higher courts of a vast amount of formal, tedious and expensive law-suits.

Stephens, in his Central America, says that the court of the English settlement at the Bay of Honduras receives all kinds of testimony, and hears all the parties have to say, with the least possible formality. No technical proceedings ever being admitted, there is no lawyer in the colony. Appeals can be made from this court to the legis lative council; yet for more than twenty years a cause has never been carried up. This shows what perfect confidence people have in the decision of a tribunal if the whole cause is heard and technical proceedings are abrogated. To this is to be attributed, in a great measure, the success of our justices' courts. In this State, their jurisdiction extends to $100, and in the county of Washtenaw, where

*Jam es Monroe.

about five thousand suits per annum are brought in these courts, not a dozen decisions out of the whole are reversed; and the most of those carried up, are on some unessential objection: We very much doubt whether one cause in a thousand decided in our justices' courts, ever could be reversed on any question affecting the merits of the case, and no doubt the confidence of the people would be still more confirmed, if every vestage of the old monarchical, technical system of practice was abolished from these republican tribunals as this bill proposes.

But we will shew that nearly every change proposed has been tested and approved of; some in one State, and some in another. For instance, in Massachusetts special pleadings in bar of every kind are abolished. No notice to plead is ever given. Common motions and rules are unknown. In Louisiana the defendant must either acknowledge or deny his signature. If, however, he means to resist the action by means of some exception, he must plead the same expressly in his answer. When the defendant, on his part alleges new facts, they are considered as denied by the plaintiff, and neither replication nor rejoinder is admitted. Both plaintiff and defendant are permitted to annex to the petition or answer, interrogatories to be answered by the opposite party, for the purpose of evidence in the case. The trial is by jury if demanded by either of the parties, otherwise by the

court.

In New Hampshire and Maine, any man of good moral character is allowed to practice in the supreme court. Thus it will be per ceived the present bill hardly proposes a single change that has not been already adopted, in some one of our states, and has been found to work well.

One fact we cannot have too strongly impressed on our minds, in considering this engrossing subject, and that is this: All great legal reforms and jurisprudential simplifications in every country, has been brought about against the remonstrance and opposition of the legal profession, as a body. In France, Belgium, Greece, the Rhenish provinces of Prussia, Holland, Lombardy, Naples, Denmark and Sweden, most violent opposition was instituted by the lawyers, as a body, against any change. It was equally so in England, when the celebrated attempt was made at legal reform; and there very little was effected. Every attempt of the kind in our own country, has

encountered the same implacable opposition from that quarter. The simplified practices and extended jurisdiction of our justices' courts, from $25 up to $100, and the breaking in upon their exclusive privileges, in New Hampshire and Maine, and every other important reform, has always encountered the benevolent remonstrances of the profession, lest the people should plunge the whole country into anarchy, and ruin themselves by trying to realize some Utopian project that was not dreamed of by Blackstone, Coke or Lyttleton, or any of our more ancient and enlightened ancestors of the dark ages!

But while we make this assertion in reference to the legal profes. sion as a general rule, we should feel the more grateful for the few noble exceptions, which the present age in particular furnishes us. A few there are who have acted superior to every venal consideration, and with comprehensive and original minds, have been able to divest themselves of the narrow prejudices engendered by a close study of these artificial, technical systems.

Our limited means for observation has already made us familiar in New York alone, with Theodore Sedgwick, jr., D, D, Field, O. Sullivan, and perhaps I should here add the name of the illustrious Lewis Cass of Michigan.

We feel confident, that if the people exhibit any anxiety to relieve themselves of this oppressive relic of ancient monarchy and aristocracy, there will not be wanting a few enlightened members of the bar, who will aid in the rescue, and fight manfully in the confiict, and win for themselves the never dying gratitude of an enlightened and generous posterity.

May we not confidently expect to find many among the generous and gifted, those who will join in the following noble sentiment of 'Lord Brougham :

"It was the boast of Augustus, that he found Rome of brick, and left it of marble, a praise not unworthy a great prince. But how much nobler will be the sovereign's boast, when he shall have it to say, that he found law dear, and left it cheap, found it a sealed book, and left it a living letter, found it the patrimony of the rich, and left it the inheritance of the poor, found it the two edged sword of craft and oppression, and left it the staff of honesty, and the shield of innocence. To me much reflecting on these things, it has always seem

ed a worthier honor to be the instrument of making you bestir yourselves in this high matter, than to enjoy all that office can bestow." With these somewhat desultory observations your committee report back the bill submitted to them and recommend its passage. SAMUEL DENTON, JOHN ALLEN,

Majority of Committee.

1845.

No. 14.

REPORT of the Committee on State Affairs on the project of the citizens of Western New York, to levy unequal tolls on the Trade and Commerce of the Western States, passing through the Oswego Canal.

Preamble and Resolution adopted by the Senate on the 4th March, 1845.

Whereas, A project is now on foot in the State of New York to procure the passage of a law imposing discriminating and higher tolls on the property passing to and from the Western States, through the Oswego canal, than are imposed on the property of the State of New York, passing through the same canal, the effect of which, as well as the avowed object, would be to impose additional and unequal burdens on the commerce of Michigan; therefore,

Resolved, That the committee on State Affairs be and they are hereby instructed to inquire into the facts and circumstances, and to draw up such resolutions as they may deem suitable to the case, and that our Senators and Representatives in Congress be requested to inquire whether there exists a necessity for any legislation by Congress for the purpose of establishing free trade between the several States, and preventing partial and unequal charges on transportation or duties on exports and imports, disguised under that name, on the part of the several States. And also, that the Governor be requested to transmit copies of the resolutions to the Governors of the several States, and to our Senators and Representatives in Congress.

The committee on State Affairs, in accordance with instructions contained in the foregoing preamble and resolution, respectfully report:

That the facts and circumstances referred to, that have come to the knowledge of this committee, have been principally derived from a petition printed by order of the assembly of the State of New York,

1