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Speech When in Committee of the Whole, in the Senate of New-York, of the Several Bills and Resolutions for the Amendment of the Law and the Reform of the Judiciary System - Softcover
Synopsis
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1839. Excerpt: ... are allowed on all hands. Those who do not know them practically may find the evidence in the Report of the Commissioners of last year, in the memorials of the New-York Bar, and even in the apologetic report of our own Judiciary Committee. Those who are curious about these statistics, will find in Mr. Sedgwick's pamphlet, proofs of delays and grievances far surpassing those that have often been pronounced in England tolje intolerable. But the strongest evidence is to be found in those very remedies that we are now endeavoring to apply--the appointment of additional Vice-Chancellors at each end of the State. They are but poor palliatives and can afford only temporary relief--perhaps not that. I am confident that a great part, though certainly not the whole, yet a very great part, arises from the defective organization of our equity tribunals. We have followed the example of England in the organization of her Chancery Courts without her political reasons for it. There the Lord Chancellor is the highest judicial and political character of his profession and his party. His hold upon office is uncertain; his tenure dependant upon the predominance of his party; but as long as he retains his high and giddy station, he is invested with all the splendor and power of the legal representative of majesty. The reasons for this are as little applicable to our state of things, as those for the church patronage of the Chancellor arising from the connexion of Church and State. The judicial power of the Lord Chancellor, which we all know grew up from small beginnings, has become enormous. The conviction that this power is too much for any one man, has forced itself upon English lawyers in spite of the Benthamite theory of the superiority of "single seated justice," strange...
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- PublisherGeneral Books
- Publication date2010
- ISBN 10 1154458636
- ISBN 13 9781154458633
- BindingPaperback
- Number of pages32
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