American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1825-11-18
From the National journal.
Three Letters on the administration OF Justice IN
the United States.
rru~-rCD
LETTER |.


the United States.
LETTER |.
The source Of The administration OF Justice, IN all
we'll. regulated communities, is legislation ms
legislation should DE Clear uniform, and consistent.
The limit between right and wrong. between what
is allowed and what is forbidden, should be defined
and fixed with exactness, by Legislative provisions.
Does the mode OF framing laws in the United ota'es
which has been borrowed from England, correspond
with this description This IS the first question:
Our laws after the first provisions, are common
" enacted in detached parts, and by references from
one act to another. This frequently enioarrasses,
not only the plain, unletered citizen, bu, the Ator
neys and Judges. In some cases, supplements and
additions follow supplements and additions, until the
understanding is confused, and finds great dfhcuity
in comprehending the intention OF The law makers
The Judges must then expound the laws ana 'he't
cops,ru is paramount and absolute, IN courts OF
the last resort as to the meaning OF the laws Hence
different decisions in similar cases. intrca
cies arise: II becomes the study oil whoie nc, aho
trade to conduct the citizen through the labyrinth !;
and law and Justice are, of necessity, sold like any
other commodity. The generality OF those Tor
whose benefit the laws are made, know the least OF
them.
But hat are called statute laws or, in other words,
laws enacted by the Legislature, are but small por
ton of the law Of the land. Much OF ii is to be
found in books OF Reports oil adudcated cases, whose
cost puts them beyond the reach OF the great body
of the people. That which is called common law,
is principally to be found in these books and the
contents OF one volume often contradict the contents
of another; so that human reason is puzzled TO
know hat IS the prescribed rule OF right. Rules
OF Court and forms of pleadingi are also, law, and
rleidly binding and without strict attention to
them, the ends Of justice may be defeated.
| Is it not possible SO to frame a code Of the prtl
/ c. 49, rrttt
zen NAV possess himself OF it at cheap rate All
tina, would be requisite, would be to digest
raj legal enactments, throwing out what is incohe.
rent and dubious and incorporating, under one head
or title, all that relates to the same subject. such
digest might be revised, annually or bennialy, by
capable persons, to be designated by the Govern.
ment and all amendments or variations, required
by time and circumstances, might DC, at once, IN
corporated with the original law, expunging from
the latter whatever should appear 10 be lncongruous
with the amendatory additions.
In forming this proposed digest, the Anticipated
language Of Legislation should be discarded, and that
Of common sense and perspcuity alone employed.
| The present language Of the law is perplexed, In
yolyed and with is" aforesaid, aforementioned"
prolix sentences and multiplied provisocs is, IN
variety ofnstaDces, too remotely connected and con-
fusedly excepve. The rule OF right being distinct
| ly laid down, free from all ambiguity, whatever diff
|
the proper penalty, punishment fine, obligation, or
forfeiture, might be applied and enforced, without
any doubt or hesitation Whatever IS contained in
the books of reports should be collected, arranged.
and formally enacted. Nothing should De lett open,
as matter of opinion, liable to dispute from The
jarring statements of the numerous reporters.
Thus smpfed, in substance aud in form, the
people at large would easily be enabled to compre
bend the provisions of the law necessary for the
security Of their property and persons They might
acquire knowledge Of them at small price. The
stream Of Justice would flow more purely and free
y Lawyers themselves, OF the more elevated and
enlightened class, and Judges, as well as the minor
magistracy, would feel themselves more at their
case, and almost entirely exempt from tine vexa,ons
OF pettIogeing. Law and Equity would be nearly
identified in every particular The pecunary saw
ing to the community would be immense and the
administration ot justice would be speedy withou
oppression, and safe without chicanery.