Delaware journal. [volume] (Wilmington [Del.]) 1827-1832, 1829-01-23

laws IN force under proper heads and marked tor
exclusion repealed parts so far as the same could
be omitted consistently with the correct understand
ing OF the parts retained and the digest SO arrang-
ed was ready for publication at that session. There
was however, essentially belonging to this digest,
great defect. | have frequently noticed, that the
MANNER in which our laws have been framed, has
been to pass act supposed TO contain the proper
provisions little time discovered either that these
provisions were not sufficiently appropriate, or that
they did not meet views, that experience exhibited,
or that change in circumstances required some al
iteration: Whateyerth the evil was, 1t was remeded
by Supplement. In this manner several supple
mens frequently became necessary. The law upon
the subject thus consisting of an original act and sew
erai supplements, it became upon many points
matter reconstruction and to determine it, care
full comparison Of all the acts was necessary. A
difficulty in respect to the digest was, clauses re-
peaed were connected with clauses in force that
1t was often necessary to retain the repealed clauses
to shew the meaning and effect othe clauses in force.
To obvate these difficulties one plain measure pre-
sented ITSELF This was to revise the law upon the
subjects, on which there several acts OF As
semby. and to incorporate the provisions IN force,
with other provisions ii necessary to supply any
defects in one act. In this view, the resolution Of
january 81 1924, &c vol. 39l) originated
| | have proceeded in execution Of the trust com
| iilllcu ny tHlS TcsOiulOH WIN great ChutoH. lie
notion entertained by some distinguished men, that
there may be written rule to apply directly to ev-
cry case, that arise in the vlscissude and com
pllcaon OF human affairs, and that system OF laws
entirely differing from the regulations which have
grown out of experience and observation, could be
devised, that would essentially promote the well be-
ing of the community, have always regarded as
preposerous. Wise regulations must grow out Of
experience and observation and to throw these
aside for what persons, who deem themselves OF SUI
perior intelligence and probably are so, would con-
slider improvements, would 20 far to dsorganize So
ciety. In reducing law to practice, there must al
ways be difficulty. The difficulty arises out of the
imperfecton Of our nature. Experience and obser-
walton will shew what regulations will best serve
the purpose OF society untred theories often
very plausible and very mpracticable, appear beau
tu in idea, but occasion great troubein execution.
The course OF revision whichth this resolution points
out and which have pursued, differs entirely from
that, to which have alluded For this course
takes the regulations, which have grown out OF and
been approyedby experience, and separating them
from the provisions, which have been tried and re-
jected, Incorporates them in law, which con-
alns the spirit ofthe old that be better express
ed, when the whole subject is deliberately viewed,
than it could be in the detached parts and lnappro-
pirate connexions, in which it nto existence.
In all States, laws must be framed very much, as
they have been in this State. Law after law will
be made upon the same subject until the sper and
necessary regulations matured. But the conse-
quence Isl that if the laws be not revised they will
become complicated and obscure hidden under
their own lumber upon this matter have the
light of experience. In Connecticut. where there
have been several revsions Of the laws, they have
the most simple and best code Of statute law in this
country In Newt ersey, the laws were revised
and published in 1891 and the edition has been
approved. Other States are adopting the same
measure. Indeed, it is obvious to common sense
that when there are several acts on the same sub
jec each varying the provisions OF Others It is ne
cessary to consolidate them to render them ineiii
) gible TO the community. There is probably one pc
culiarIty respecting our acts of assembly. he SEES
sons of the General Assembly have been SO short
that there has been more legislation for particular
parts points of subjects in this, than IN any ohcl
State. The time of the session has not permitted
any one to examine an entire subject, and go int
its details accurately and frame general act Ih
; know from experience. ! was in the General As
sembly in 1823 and drafted the Act for the election
: ofconsables. That act ought to have been fui
law upon the subject and all other acts ought t.
have been repealed recolect, that was airalf
to repeal the other acts. had not time to examine
whether it would be safe to do So mention this
because have no doubt, that thas been case o
> frequent occurrence and shews, that in this State
there is peculiar reason for revision OF the laws
arising from the shorness of the sessions OF the Gen
eral Assembly.
In the revision, that has been made have beer
constantly impressed by sense of the great care
Y which ought to be taken. 1 may be permitted to
say, that greater care, than have taken coulo
scarcely be exercised. In revising the law upon ain,
subject. my first step has been to understand the
provisions Of all our acts of Assembly in force upon
:; this subject; and if it have been subject of gene
raj law, have attended to the general principles OIL
law as they exist in this State connected with this
subject. aud the English statutes, if any, which we
have adopted in relation to it; and have thus Ell,
dcavoured to form bill containing the provisions oil
our own acts, of any English statutes, which we