554 
[Jan. 1, 
Plan of Legal Eeforrn, 
If people will worry eacli other; if land- 
proprietors will neglect their estates, 
and borrow of their stewards; and if 
old women will give to their will-makers 
half their fortunes; those who profit by 
such follies are more properly objects of 
envy than of censure. The mischiefs 
arise, however, in great part, from 
faults in the forms of Jaw ; from defect 
or absence of legislative provisions ; and 
from the want of efficacious checks 
on the seared consciences of practi¬ 
tioners.'^ 
If an axgel from heaven warned 
me that I had but an liour to live, and I 
wished to spend that hour in rendering 
my country the highest service in 
my power, in relation to its social in¬ 
stitutions, I should dictate soinething 
like the following : 
1. In all agreements let a clause be 
inserjed, that dtferences and disputes be- 
tzceen the parties shall be made the sub¬ 
ject of reference to three or five men of 
businesSy all of whom should hear evi- 
dence, (uid decide finallj/, under the 9th 
and iOth ofi mUiam-Jll. without the 
inteifierenc€y presence^ or intervention, 
and without the doubts, quibilcs, or sur~ 
^lises, ofi iMxoyers. 
'2. hr ciril suits, as well as in crimL 
nal prosecutions, let the plaintijfi be 
obliged to go before a grand jury, special¬ 
ly convened for civil purposes previous to 
every term or assize, to determine whet her 
there exist ground <fi action ; and let nq 
civil process issue till it has been endorsed 
by such grand jlay. In urgent cases, let 
juries, on short notice, he convened by the 
sheriff; and, for all civil purposes, let 
them consist of thirteen instead of tiventy- 
three. 
3. Ixt no writ he so endorsed, if it 
appear that the defendant had previously 
effered to refer the question in dispute to 
the arbitration and decision of men of 
lousiness. 
4. Let the names of the witnesses, and 
a description of the documents in support 
if the suit, be endorsed on the back of 
the process •, and, within a certain num¬ 
ber of days, let the defendant le required 
to give the. plaintiff a simitar list of his 
witnesses and documents-, after which, let 
each party be at liberty onee to amend his 
list before trial. 
* Mr. Jones, a barrister, advises, in your 
last, as the ordy means of avoiding the vil- 
lauy of pettifogging, that every man become 
his own lawyer] 
5. Let no man be detained in execution 
for debt above one ynonth, if, after pub)^ 
notices, he has surrendered four-Jfths of 
his property to his creditors. 
6. Let none but the witness under 
examination, in a cause, he alhnped 
to be present in court, or before ar¬ 
bitrators. 
7. Let the first process in every suit 
Include at once, the summons to appear 
and. a declaration of the cause, greunds, 
and object, of suit. 
8. Let appeals against decisions of 
arbitrators he made when sanctioned by 
the minority of the referees ; and let 
the validity of such appeals be tried by 
civil grand juries, which should have 
the power' of ordering new arbitra¬ 
tions. 
9. Let appeals against decisions of 
courts (f law be in like manner refer¬ 
red to civil grand juries, zvhick should 
have it in their power to order new trials 
before a different judge and jury, 
10. Two of three decisions should 
he conclusive of all questions in civil 
suits. 
Legislative enactments, enforcing such 
regulations, would, 1 conceive, put an 
end to all the accumulated Cliicaneries, 
Lnpositions, and Vexations, of law and 
lawyers. 
Tiie first clause would effect every 
legitimate purpose of justice. 
The second would prevent frivolous, 
vindictive, oppressive, and vexatious, 
suits. 
The third would render the plaintiff 
and defendant alike willing parties to 
tlie suit. 
The fourth w-ould put an end to tricks 
in a cause, and to false-swearing; against 
which, at present, no man can be on 
his guard, and no issue be protected. 
, The fifth would release the law from 
the disgrace of cruelty, and of expecting 
impossibilities. 
The sixth would secure the cause 
against combinations of the witnesses. 
O ... 
The seventh would give simplicity, 
fairness, and -openness, to the proceed¬ 
ings. 
The eighth would be a check on 
the corruption or prejudices of arbi¬ 
trators. 
Tlie ninth would render the appellant 
independent of the caprice and sopliistry 
of judges. 
'i’lie tenth would bring disputes to & 
termination within a deliaite period. 
Who 
