STATEMENT OF FACTS IN RELATION TO THE DELAYS AND ARREARS OF BUSINESS IN THE COURT OF OF THE STATE OF NEW-YORK, WITH SOME SUGGESTIONS FOR A CHANGE IN ITS ORGANIZATION. BY THEODORE SEDGWICK, JUN. "That immense manufactory of expense, vexation and delay, of which the existence is one continued and prodigious grievance." BENTHAM. Rationale of Judicial Evidence. Book III, ch. XVI. NEW YORK: ALEX. S. GOULD, PRINTER, 144 NASSAU.ST. ΤΟ SIR, R. HYDE WALWORTH, CHANCELLOR OF THE STATE OF NEW-YORK. ALTHOUGH this pamphlet appears without any previous knowledge on your part of the intention of its author, I take the liberty of addressing it to you. There indeed appears to me, a peculiar propriety in doing so, for while these pages treat of the abuses existing in the Court over which you preside, I wish in the most clear and explicit manner to express my conviction, that those abuses are owing solely to a vicious system which no individual can counteract. It is with the Court of Chancethat there is fault to find, not with the Chancellor. ry On the contrary, I desire to express my humble sense of your fitness for the station you occupy —of the sagacity—the learning—the indefatigable industry, and above all, the strong sense of justice which make themselves manifest in your decisions. The condition of your court has been recently, as you well know, the subject of very general attention, and various suggestions have been made in order to render it more efficient and useful. The subject must again be reviewed by the legislature, for it is not to be supposed that the act of the last session will effect the desired changes. I submit, therefore, the following pages with great diffidence, as the result of my consideration of the subject, and of an anxious desire to contribute in so far as I can, to the improvement of the court of chancery. Your influence will undoubtedly have much weight in determining the course which the state shall pursue, and it is particularly desirable, therefore, to succeed in securing your co-operation. The changes which I have suggested will go far to abridge the power which you now hold, but I do not believe it too much to expect, if these changes recommend themselves to you on the score of expediency and the public interest, that they will receive your co-operation. I believe that a love of power will not prevent you from assisting in those reforms which justice demands; and, that on the contrary, you will take pride in adding, to the honor you have acquired by presiding over this great branch of the judicial power, that of assisting in one of the most important reforms that can be effected. I cannot better express my ideas on this subject than in the language of one of the great men of the day. "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 seemed a worthier honor to be the instrument of making you bestir yourselves in this high matter, than to enjoy all that office can bestow."* *Brougham's speech on the present state of the law. February 7th, 1828. |
