Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1825-03-01

zens OF the Uniled States in the year
1877. The passage is as follows:
A complete code founded on The sa.
lutary principles of the common law,
adapted to the interests of commerce and
the useful arts, the state of society, and
the nature of our government, and en-
bracing those improvements which arc
enjoined by enlightened experience,
would be public blessing II would
free our laws from uncertainty, anu ut
terly destroy judicial Legislation, which
is Fundamentally at war with he genus
oil representative government"
Extracts from Bentham's letter on the
Common Law.
Away with xaggeration-away with
indtscrminating antipa'hyl A scourge
as it is now--this sham law--lime zuas
when ii was blessing nay, in certain
point of view it will be seen to be bles-
sing even noqo. You have seen what ii 10
made of, and how it has been made, viz.
General rules deduced by judges and
others from particular decisions those
rules, before printing was in use, COM
mitted TO wriline-after that, to PRINTING!
and thus made public: every title OF il
made by individuals not one of whom
pretended to have any such right as tina.
| of making iasu But in those days--ms.
proper as was the language by which any
such name as tav was given to them
these rules were by no means without
their use. They formed not only light
to the paths of succeeding judges, but
barrier by which they were in somes
degree kept from going aslray. In the
character of barrier they produced, in
some sort, the effect produced by real
iaqv, In the character of light, howe
yer faint, they produced another good
Eject Ever and anon, by reasons, such
IS they were, and not always bad ones,
a ground was made for these rules; and
along with the rules the reasons we're
made public: and that at time when
little or nothing in that shape was visible
as an accompanim 10 any portion Of
real taw.
With the decisions were necessarily
recorded the cases !: for example, tho
sorts of offences capable of being COM
mitled: the sorts OF contracts capable Of
being entered into, and the mcidents to
witch they were liable: the sorts OF
titles by which claim to property migtx
be produced or put an end TO.
"a library, composed of books in
which these cases are thus brought to
view-though there were not so much
as single ia7v in it, is rich storehouse
|of materials for Legislation: without
such storehouse no adequate system OF
laws could be made The more ample
the stock, if not SO vast that the mind
is lost in it, the more effiectua! is the pro.
vision made for this most necessary and
arduons work.
The greatest quantity of this treasure
possessed by any other nation, is penury
in comparison of that which has been fur.
nished by English common law. Asa
light to the legislator to assist him in the
making of real law, this sham law is a
matches blessing: but as substitute
for real law, now that the times are ripe
for the making Of real law, in this cha
racter, and in this character only, is it q
curse"
What is necessary in the forming Of
code, such as Governor Clinton recon-
mends, is that, of the m ass of legislative
matter required by the interests of 81
ven state, the part which exists in tho
common law, together with that which
exists 10 the statute law, and the new
matter which may be found requisite,
should, without distinction, be exhibited
in one body of real law, with body Of
reasons and definitions to accompany il.
This done--and confirm cd by Legislative
sanction, and all future legal reference
10 the volumes whence the old matter
may have been extracted, forbidden.
the business is effected.
Were my power equal to my wishes;
would direct the attention of every IL
beral and enlightened mind in the Union
| 10 this allimportant subject.
Yours, N. BIRKBECKs
Marlborough, Feb. Is, 1925.
THE DREAMER-NO. W.