Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-01-29

VEG would feel himself h"R0Ted by your puohca
.o # his illusions IF he midnight amp
w." u" III, Mr. Editor, acH YOU be good enough 10 IN
Nv .r,r correspondent Pubius that as I" Mr. HIVES,
S IS to other matters and things connected WIN me
..,l Government, our eyes are oFch; h"u Us 10 we
f",, whether he (Pubius) ,rtH IN eli humdn pro33-
(,'s',, ,,,nber &c &c the three millions Of human
49,. :, Tins Republic and the modcum IN this Com.
nrsl,n are fully alive, ard will no d"ue! decide AID
,,rlr Yours, in haste, ELIAS RAUL.
FoR THE ENQUIRER.
REVISION OF TIE LAWS.
,,tor T., the legislation Of the United States. the
'"., Tia, strikes US il the perpetual change which
- 49, b,cn uHGrrgulng, ever since ITS commencement
w. sycfred years ago In what other country are laws
'ar!,ad wears old absolutely forgotten AID those o
.,.,,,.a;iv.'v obsolete: In the various govern |
u, ri ih, OLD world both Tie spirit and the form OF
,,s,iu,l0ne remain unchanged for very long re!i
I'D wh.m change takes place at all, 1t Is The re-
@ %, cnnvulslve C!?rt either on the part OF tie pee"
Il ,,r,r rulers WIKI U.s. on the CONTRARY, the sp!.
-, - r our institutions is Interchangeable, whist the
, ~! their Development is ever varying; ana iegis
an foil VS. SLOWLY hut surely the gradual change and
..s, nI p1nIc opinion. Whatever may be the dc
-, elsewhere Of the question. Which exercises tie
,- influence the laws upon society. or society upon
=, l,,ys here we think II undenabe, that society |
<scs ,ss II distinctly and definitely upon the laws
,,.,,s a Ci.sci influence upon them md through
, s-ain upon itself. legislative body, emanal'ng
c.! ifo The mass Of The people aud al brief intervals
,,,, ~ the people again. holding frequent essions,
Co., rom The ,a!urncc ct snPerIo. power; and unsns
s,,s,r on accvunt OF lis very size, Of any Thing like
must, !o:a tie nature OF It's constitution, be
a;,.nya by the changes which are constantly gong on
= society," Tie question is not, with us, whether pro
ss chance m lha laws is in itself, improvement W
~ r. uay whether it's accessory, IN order To make The
!, over which W. have control, conform to those
chan ss in the $tua'on, circumstances and conGll"n n'
,,oTv Iyrr winch ~ have control. Another pr"ml.
nov, feature IN Tie character Of our Legislation is, that al
,c ever, III rnIqal provision in H. being The immediate
sy,h q rcGusIances par,akcS more largely, perhaps
Than perfect legislation should at the pecuItares OF
e psfuG whca enacted, and oi the circumstances
-h,rH rags il br.h la regard 10 The form OF the sta
u,,ry rg station of the L. being enaced by Lsgis
lag'r consisting Of individual members and gene
r.y Of independent bodies, /. not only bears The
!rpfpss Of many minds bu; frequently OF compromise
ii co:: c:Ius opinions and principles The several parts
Of subject iug the gt0wlh Of many successive years
and Qurr; reduced u shape by mnny succTSsi"e
L"-:s!du!cstEr mass is any thing bat homogeneous
1brGe are therefore, very great GiScEepancieS III me
st,|r Of the statutes. and also the n"fe important
particulars of the arrangement vi matters and HE con.
I.scinn Of The statutes, oi:e with another lie pc
CUari,ics legislation, thus eGvcrcd TO- make u
sarY, frequent intervals, 20 revIse, co!!aie and
arrange the statutes, and 10 reconcile contradictions,
supply omissions ard amend rPe;ec;i"nS IN them, for
the purpose Of rendering The general laws more concise,
plain and ln,shgiac.
The foregoing remarks from the American Jur's!
of July, 1886, in article upon the late revision III
Massachusetts, .Ncp York example which has
ing the safne course.
Under the law Of Pans 'rGna, three commissioners
are appointed revise. col!as ard :est Gil such public
ac:s all statutes in tu.cr the State general end
permanent IN their nature The commissioners are 20
nice: and reduce into act the different acts ard
paris OF which, irota similarity oi srsct ought 10
b. arranged ard cnnso!ta:ed Ia dirc>t Mc arts Of all
redundant phrases and useless rTt"gt; 10 distribute M III
systematically: 10 omit all acts parts Of acts thai have
been repeated supplied BY subss quent enacnens or
expired by their mIia,On; and TO Suggest {" the
Legislature such c0rtraG!ttons, OnSsiOhS or ''HPUJee
t0nE as may 0P1ear and Tie mole IN uhch they may 7e
Suypicd, rec9ned HrieRdeG 10 designate S"th atS
parts G acts ongh 10 be repeated, and 'ceOmqe.d
tie Pass9Ie az Surh such Tepc3t 1y Tc'@cr
aecessarY ibe cnnms>'onersare further 10 tepo, he
Their Il would be expsdent Introduce any and, amy,
change IN the forms ard ;.udc OF proceeding The
administration OF the Iaws.
The resolution Of the Legislature of Massachusetts
tharscd the Governor, with the advice ard consent OF
thr Council! iO appoint three able aud discreet persons,
learned IN the la, TO be commissioners whose duty
shall be, faithfully 10 revise coste and arrange well
the colonial and provincial statutes, all o!tsT tie &c
neral statutes OF tie Commonwealth, which are or noy
be III force n; the t!n" such commissioners may finally
report their Conrs N the premises And such commits
toner's shall careiuy collect the Girren: and paris
of acts relating 10 tie subject matter, and coiIa'"
and arrange he under appropriate chapters, titles
and sections and IN all respects execute and complete
such revision IN such manner IN their opinion will
rencer the sad general laws concise plain AID in
teIgble. And II further resolved That II shall
be ;s dGty o. SAID commissioners in The report OF their
doiuIs suggest such Contradictions omissions in
pert o"s as moy orEear n Ike l"~s so to he Tee's's
and tie ads IN uktth tie R9y Je rlc0ncsd suppca
gECNttd
TINS resolution vas passed the 2lih February, l-32,
and under Ii, three gentlemen were appointed, diSiin-
sued for Their legal learning and devotion the pre-
lesson Tc.T !epVr: made 10 The Legislature a. the
SESSION When commenced IN January, 1850 a Joint
cOna,er "i@i;y eight members vas employed three al
tern IONS of sach week, examining the code. but II
became evident that the committee would no; BE-
able cpinrie'e tie examination within the IeIind
an ordinary session Of the Legislature, and get through
Inc uIrr legislative business necessary 10 ne attended To-
y new committee OF tweniy-ssven was therefore ap
pointed - during the ot the Legislature, and
repr al adjourned session in the auuma, 10 be hsid
f.: he spec!s! .Drpos- Of acting upna The crde. The
COMMITTEE /" Consider and report such alterations
o' TIE report Of the commissioners, at the existing
i2".. As hey might de- exPct!en They met on The |
2;td May, $50 Eacn section OF the commissioners |
report was read by lhr chairman clerk, aud The
Der, made such motions for Amendment propound,d
such questions for explanation, occurred 10 IitG
amendments Of lriiug character for conformity.
"s;e generally made the reading. Those which
nj Hloe important nature proposed in writing
and referred eh"r 10 subcommittee or 10 The commits
sio"Pis but most comiHnny to the latter The commits
so""is were present with the committee and took par,
IN "r discussions ~ the lst Of August, $50; the
coH'a'ee had gnne the whole report. 1hry CT.
Icc!'d the amendments ar pied by them TO be published
IN FORM corresponding with the printed rpror,s of the
commissioners The Legislature re-a<sen,bcd on the Cd
OF September, $50 Tneg DISCHARGED at once all the
standing committees Ct both hanchps excep, such as
were absolutely essential To legislation IN c,d,r ,l,,
nothing should diver, their attention from The g., m RI
before h"in. and then proceeding steadily with the
""o.e MES done by the ih OF November ls5J The 70
vFed statutes have been published urGer the supp,,n
'n''nce OF Two commissioners appointed By the Lewis
laiure, who directed 10 examine hp nrn,C .e,s
70 compare Inc same With the original roll in ,hc Cice
o Tie Secretary Of State 10 prepare marginal notes 10
ne et""S and an eSac; aud copInus indtx to the whole
IN Carrying out the direction prepare notes
NV commissioners have made reference in tie ranrpia
D'a' P'"cp1f GecsioaS "f the Supreme Court Of Naxsa
f"1S''js ""d II some the ether Safes hieh ro,e liyht
"l1g the s'ai1ies
Inc LG.tos Of the Iuris, conclude their remarks on
mr revised statutes Of Massachusetts, By Observing tia,
- We consider the previous state Of our statue law