Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1825-04-08

sstent and ibera require that Mr.. Clay "shoud have
gone further IN his denial Of the changes than say
general terms, "there tri;,h them" &c. Why
should MI. Richie require go farther fhS will not
believe him gy without conclusive cuiJeHceP doubt
whether the most positive assevcraons under the
emn sanction, would have been sufficient the
doubso OF those vino satisfied with simple denial
The spirit of opposition really strongly manifested in
these last objections, that it gives TO doubt Mr.
Ritcbies candor. shall therefore dismiss the subject, with
the expression of hope that time will convince
HIM than any arguments of mine.
KENTUCKY.
FOR THE CONSTITUTIONAL WING.
est bon de Inner Ct de ofter Ia eerrsnc contra cei
u u""ut. MoNTAIGNE.
Oa typograia cum omnibus ueterun. i,reltis certcre
pde"e Po'eS'. hague non minus peccdnk qua rcisrbl
aunt onia comPreensd guam qua aNo de reeri rlua-
ran tam Posscssone derJ0ni. Ha6et nafra scientific
ran" "teSa"os 1tmerdoics, qua nuits citations eahauir
P"sS0'"' BODINUs.
1t has been observed by distinguished writer that it is
improper to try new experiments in the political body
less the necessity be Urgent the uy evident Great
care must be taken that the desire of reformation may
'e ChanSe: and not that the desire of the change
p'eao Tor the reformation Again, let all Novelty though
Ganhot perhaps be rejected, yet be held suspected.
N"eoleIp nere be any urgent necessity for reform of
te Judiciai procedure OF the question which the
writer of this article feels himself iopctent to answer
this cause equally incompetent decide upon
"y oil any such alteration as is here suggested. may
DE safely airined however that the
IN Virginia has not reached point beyond which no inn
provemen may be nationally expected. One of the
vanages OF the press 70 collect and preserve all those
detached and insulated observations which eriv their inn
portance merely from their assebage These materials
tor future Use await the birth of great and powerful
nd VINO selects aud arranges them for practical use
stamps upon them the impress of his genius Before the in
vention of this divine was necessary for the same
to begin and complete discovery; and 10 combat
win MS sge strength all the obstacles which op
poses to our efforts. Not now present them TO the
press, the following reflections whether useful useless
lime only can determine gus noUator tenpu, n,itai,
qnod nooGt'ones 'td tnsnlta, at Sensus fallant II
II is certainly desirable that the laws of free people
should be as accessible possible every member of the
community; within the reach of ALL Many OF the laws in
force IN the different states to be found the common
law of England and there lie buried in Sybonan bog more
omcut 10 dram than the Pompne marshes Several valu
able revisions of code of statute written laws have
ne made Their utility has been apparent. The great
pubic oeneht derived from the last able evson acknow
edged felt by ALL But comprised only the written Ia
OF the state Our unwrten laws laws re much
more numerous than these distinguished Jurs scholar
fr"i Cooper, than whom none in this able to
decide, has said, THAT the British and of course tho Amer
code. is becoming what the Roman code was nre
vious TO the iabors of Tbonian coadutors mann
carr loads. The object hef proposed is make new
laws but TO make kO1on the old. "There is a wise and
learned ctUidn that applies the curse of the propbet
Ptuet super nqueos multiplicity laws: for they do
but ensnare and entansle the people. rather tina
ye should either revive good laws that fallen and dis
continued provide against slack execution of laws
which are already III force the subtle
SONS from laws which time and craft a uuiermue Than
~ lahe TtOtuS CFedtuTdS KS model"
Ei the judges OF the several OF this common,
wealth be directed by law, to besow their attentions on the
various points oil the common law passing in review before
them, during tile sessions O their courts. each iudre
have allotted to him certain branch of the common law
tn which he should particularly direct his attention Lei
TINS allotment be made, annually by the general count t,
among the different judges of state Each Judge would
doubtless have allotted to him that particular subject upon
which he felt strongest Their should tie directed
10 such PORTIONS OF The Common law most commonly
called into practice, the progress Of the business of
M ka hIs fall
common law, fell under the subject allotted to his part
GUAR attention. and should be their respective duties
draw UP sketches OF an act or acts which, their
ton, would reduce into all the common law ON the
particular subject and if all of it, at least that much
OF 1t as they had occasion to law during their
sessions on the particular subject allotted them. Thus
theunwrtten would become written law That mar
OF the common law resOrted to during sessions of the
courts, and which had been called operate upon the m
zens OF this commonwealth, would be made known to all
Let each Judge his particular subject report his sketch
OF the law contemplated aud views ON this subject to
the general These sketches should be subjected to
their revisou aud when finally modified comprise
the actual state of the law applicable 10 the
daily concerns Of The society should by the general
! be reported to the legislature of the state.
These enacted into written law, would do away in So far
as they WENT that constant syste of uris-
prudence to which we have been too long Iettered.
BY pursuing this plan, in few years, all those portions
Of the common law, in daily the various courts nj
this commonwealth would drawn from their lurking
oes made to shew themselves in regular in the face
of open day Thus they would really become the law o.
the landno buried in the earth out of the sight of man
like the precious metals and potent drugs be used only
by the dealers III the black purposes of
the nomen but, like the minerals metals dug from
the mne be converted all valuable uses of medicine
and the arts, to minister TO the health and
ciety.
The effect of this operation the body polite will be
somewhat analogous the improvements in modern chy-
stry In the dark ages, and until recently, it very pro-
lpery deservedhe of the black The term OF
alchymst of reproaeh Their knowledge consisted
of nostrums couched in eusmatica language
understood only by the adopts OF these they grea
mystery, and used them rather for their emoumen
than the benefit Of society The invention printing
brought TO light the of the dead The test which
all these hidden nosums have been subjected has puged
ofh dross, and the pure metal remains But ntrica-
cies of the common law multiply and increase daily
number of volumes and authorities keep pace with the i'm
provenentS IN prnting-Until at las, citizen of this
monweath, gain toleabe knowledge of the laws his
country must spend small fortune in books, and half his
life in exploring the jurisprudence of country which
our disgrace be it said, we still in fetteTs.
r. The object proposed by this regulation would be- merely,
to lay before the legislature Of the that portion of
common law of England, which, during the year. had
used the Law of the land hut which, doubt had re-
labor and