The Alexandria herald. [volume] (Alexandria [Va.]) 1811-1826, 1824-05-21
NO. ais.
THE COMMON LAW.

The following letter from the learned
| president Of the South Carolina College,
to counsellor Sampson, will doubtless be
read with interest by all those who have
| perused the valuable discourse OF the
latter, to which this letter refers, or who
teel an interest in the important subject
so ably discussed by Mr.. Sampson
| COLUMBIA. 5. C. MARCH q, 1884,
Dear Sir send you by this post new
edition OF my tract on the tariff. We
are sadly deiicien, here in eur knowledge
of the principles of political economy
II ought to be made a compulsory study
at all our colleges in the 18th year. Our
trustees here have directed me to draw
up a course against next year, and shall
do so.
have read, with much interest, your
lecture on law, the public is greatly YOUR
| debtor for the honest and independent
| view you have taken of system based
| on the ignorant notions of our half savage
ancestors, and exhibiting superstruc-
ture worthy of its origin. What BUSH
ness have we with code of landed pro-
perry founded on the aristocracy of the
feudal system Is it not a disgrace to
the age, THAT the bench in England should
gravely decide ;hat wager of battle is
still in force, s. rob the owner of an inanl-
mate chaitel under the name of Deo-
dand Isl not disgrace that the glo-
rious uncertainty of the law should be
verified by 1900 conflicting decisions ?
and that our American code is fast vere-
ing to the unwieIdy bulk Of akthos koi-
melon f,oifon ?
Our common law varies in principle
and in application with every change on
the bench. Ii was one thing under lord
Mansfield, another under Kenyon it is
subject to the daily fluctuations of the
inferior men who now occupy the seats.
Our own legislature unwittiDgly cons
bine with the lawyers to make the laws
so voumnious, so wordy, so unintellibie,
that they serve only to bring, no, the law.
but the lawyers home TO every man's
door--whiie the unwritten code OF com
mon law is any thing that the legislative
propensity of the common law bench
| may Chuse TO make it.
| Then again our servility to the Eng
lish decisions IN this countryside deci-
sions made by men proverbialIy and con-
temptibIy ignorant of every subject but
/ the technics OF their profession, is dis
graceful to us. We seem content TO re-
main in perpetual infancy, and venture
no step out of our imported GO CART
| The chancery code possesses more good
sense, although it be a series of bench
iegistatioDs. 1t owes little TO the pre-
sent incumbent. notwithstanding the liz
brary put forth by Vesey, junior.
| Then again, from the slavish tendency
of the common law as it stands, you arc
sure to find the judges ofthe obsequious
supporters of all the dictates of the gov
erpment; and although believe better
Of the judges in this country in this res
pect than ofthose in England, cannot
say that the whole of my o7pn erherience
will justify the good opinion am most
willing to entertain. You see go fur.
| Their than you do. almost incline to
think With Barlow, that when man app
plies to a lawyer, he is like hero of the
eastern tales, who boldly mounts the
back of a griffin, takes all the risks OF
his temerity, in complete ignorance of
the course he is to be carried. Is it i'm
possible to do as the greatest man that
ever lived has done is it impossible to
draw up plain code Of principles, in
language without verbiage, and intelligi-
bic TO plain man think not. II be-
comes America at least 10 try it. I'm.
certainty arises from conflicting 5rinci-
plies of law, and dissonance in their ap-
piication to individual cases. The frst
source of uncertainty we might surely
lget rid of and that would be doing a
great deal. A set oil plain and honest
legal principles and rules, would go near
to establish code of ethics. Every man
in the community would be wiser and
hoDester for it. But then it must be
drawn up with the breyity and precision
oftbe French code which, imperfect
as it is, yet stands an honor to the age
that produced it.
BY my calculations it would take four
lpersons six years to make similar de
gest Of our common and chancery law
and there should be one man to revise
The compilation, so as to give it an uni-
formity OF style and character. Which OF
our great states does not wantoDIy throw
AWAY as much money as this would cost
through the impeIfection of our present
System!
! Would 10 God [ could say before 1
die that the ACE OF mystery sis Das,in,,