The Sun.
London, England, 1867-11-30 00:00:00

the highest attributes of any legal system--simpli-
city and uniformity.
The persons charged with the framing of the
Digest might be also intrusted with the duty of
pointing out, from time to time, the conflicts,
anomalies, and doubts which in the course of their
labours would appear. Thus the process of con-
structing the Digest would be conducive to valuable
amendments of the law. These amendments would
be embodied in the Digest in their proper places'
" Moreover, such a Digest will be the best pre-
paration for a Code, if at any future time codifica-
tion of the law should be resolved en.
"But, great as the advantages to which we bay°
referred as likely to flow from the formation of
Digest of Law, the argument for it may,
think,be rested even on the higher ground of national
du`y. Your Majesty's subjects, in their relations
towards each other, are expected to conform to the
laws of the State, awl are not held excused, 911 the
Flea of ignorance of the law, from the consequences
of any wrongful act. It is in these laws that 01
must seek the provisions made for their liberty, LI
their privileges, for the protection of their persons
and property, for their social well-being. It is, a 0
we conceive, a duty of the State to take care that
_
these laws shall, as far as practicable, be exhibited.
in a form plain, compendious, and acces.ible, and
calculated to bring home actual knowledge 0i
the law to the greatest possible number of persons.
The performance of this duty—a duty which
other countries in ancient and modern tiina
have held themselves bound to recognise and dis-
charge—has in this country yet to be attempted.
" On these grounds we report to your Majesty
our opinion that a Digest of Law is expedient.
"ll.—having arrived at this conclusion, we pro-
ceed to the consideration of the further inquiry
which your Majesty has been pleased to intrust to
us—namely, the best means of accomplishing 8
Digest of the law.

" It may be proper here to advert to what has
recently been done in the State of New York. The

laws of that State (as in other States also of the
Union) rest generally for their basis on those of this
country as they existed when the States declared

their independence. Cases decided in our courts
before that time are still regularly cited before
American tribunals as they are in Westminster Ball;
and, indeed, the reports of our Courts up to the
present day are largely cited and relied on in argu-
ment in American Courts. The work which has
been lately accomplished by the Commissioners Or

framing Codes for the State of New York is, in fors'
a series of Codes, laying down prospectively w°
the law is to be, two of which Codes have already
received the sanction of the Legislature. But, fie 3
preparatory step to the formation of these Codes/ 3
complete collection—or what, after great examilla.
tion, the Commissioners believed to be a complete
collection—under appropriate heads of the law °II
each subject was formed by gentlemen employed for
the purpose under the Commissioners.*
" We do not desire to conceal the task of fool'
ing such a Digest as we contemplate would noes;
sarily require a considerable expenditure of time and
money, though we are strongly of opinion that tb°
benefits that would result from it would amply coal'
pensate for any such expenditure.
" We think it clear that a work of this nature
(regard being had especially to the importance °i
its carrying with it the greatest weight) could /let
be accomplished by private enterprise), and that it
must be executed by public authority and at the
national expense.
" With respect to the means of accomplishing it
we have considered various plans. Any plan mot'
we think, involve the appointment of a commissieu
or body for executing or superintending the execs'
tion of the work. tt is obvious that, whatever ar-
rangement is adopted, a certain number of fa"-

tionaries must be employed, at a high remuneration,
in the capacity of commissioners, assistant-c3013i5'
sioners, or secretaries, and that there must ba a
considerable expenditure on the services of member°
of the legal profession, employed from time to tiro°
in the preparation of materials to be ultimately

moulded into form by or under the immediate super"
vision of the commission or responsible body.
" We are anxious to avoid any recommendation
that would involve the necessity of immediate out-
lay on a large scale ; and we therefore recommend
that a portion of the Digest, sufficient in extent t°
be a fair specimen of the whole, should be in the first
instance prepared before your Majesty's Govern'
ment is committed to an expenditure which will be
considerable, and which, when once begun, must
continue for several years, if it is to be at all effiell-
cious.

" We are not authorised by the terms of Your
Majesty's Commission to undertake the execution
or direction of such a work, but we are of opinion
that it might be conveniently executed under our
superintendence.

" If this should be your Majesty's pleasure, We
humbly submit that the necessary powers should be
conferred on us to enable us to carry this recorn-
mendatiou into effect, and that means should b°
furnished to us of employing adequate professional
assistance for this purpose.
" In the progress of the work thus done light Fill
be thrown on the question of the best organisatioef
of the body to be constituted for the completion °
the Digest. A fair estimate will be formed of the
time that will be required for the whole. Diffictli-
ties, not now foreseen in detail, will doubtless be
encountered, and the best way to overcome thews
will be ascertained. The solution of questions wbic
have already occurred to us will be attained or av
any rate promoted. Some of these questions are the
following :—What is the best mode of dealing With
statute law in the Digest? How should conflicting
laws (if any) and doubts which have been authors"
tatively raised respecting particular cases or doe-
trines of law be treated? And what provision
should be made on the important point of the natal
and extent of the authority which the Digest shoal;
have in the Courts, and how that authority can beet
be conferred on it ?

" We propose, in this our first report, to limit
ourselves to the conclusions and recommendations
we have now stated. The consideration of other
questions arising from the terms of your Majesty
Commission, and a fuller treatment of some of ill
subjects here adverted to, we reserve for subsequent
reports.
" All which is humbly submitted to your 3.13-
jesty's gracious consideration.
" Dated this 13th day of May, 1867.
CRANWORTII. " ROUNDELL PAL3IFS'
• IV

" WESTBURY.
" CAIRNS.
" JAMES I'LAISTED WILDE.
" ROBERT LOPE.

"JOHN GEORGE
LEFEVRE.
" T. ERSKINE MAY•
" W. T. S. DANIEL.

W. P. WOOD.
" GEORGE BOWYER.

" HENRY TIMING.
" FRANCIS S.REILVir:

* Mr. David Dudley Field, to whose exertions the st3ift°
of New York is mainly indebted for thisimportant vor'"
was so good as to attend one of our meetings, and to giv:
us Lull information respecting th 3 course which had bet"
pursued.