New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-06-15

William Sampson, Esq. Nea' YOrk:
Dr,p S,v read with much in.
eres. your Lecture on Law the public is greatly your
debtor for homes, and independent Vie" you have
taken of system based on the ignorant notions OF
halc,ay.,e sncestors and exhibiting supersrucIure
worthy OF lis origin. What business have we with a
code Of landed property founded on the as,ocracy OF
the feuds sysem Ia !. n9' 10 me age ina.
Of Battle is st in force and rob tho owner of mani.
mate chattel under the name oil Deodand Is no;
disgrace that glorious uncertainty OF Inc law should
be verified By 200 conflicting decsonsf and thar our
American Code is fas, yergng TO the unweldy bulk
a burthen for many csmes, AZ was sorrowtully re-
marked of the Civil Law Since che year ls00 have
about 200 volumes OF American Reports beside separate
,rea,is.s Ia England 500 years produced only COO
volumes of Reports so that we driving far ahead
on this side oil Atlantic Must We still pursue this
nternninable career Of accumulation, or shall tx
resting place
cation. with every change the Bench. Ii one
Thing under Lord Mansfield another under Kenyon it
is subject the daily tuctuhIons oil me inferior men
own Legislature contribute greatly though unwtingy,
70 this evil BY enacug laws so vague SO voluminous
wordy SO unn,elsibe tha, they serve only to bring,
not the law but the lawyer nome 70 sVery mans door,
While the unwritten code OF Common Law Ii any
thing that the legislative propensity OF the Common
Law Bench may choose 10 make IL
Then sgsn, servity TO the English decisions 10 the
T. satesO,o decisions by In that country, proverb-
Tally and conempubly ignorant OF every subject except
The technics of their professionals disgraceu TO u.s. We
seem content remain in perpetual infancy and venture
no stem out of our imported gocarts The chancery code
possesses more good although e Dc series OF bench
ecstons II little 10 the present Incumbent, not
withsandng library put forth by eze unior abound
ng in doubts fertile OF Insulated anu uniportan decis-
but deplorahly barren oil great principles wen argued
and solidly settled.
Then again from the slavish tendency OF the common
law as Il stands you 10 ind the judges the ooe
ouieus supporters all the dictates OF the Government
and although believe better Of the judges In this
in this respect than those In England cannot say that
the whole of my own experience VIII quite Justify the
good opinion most willing TO entertain. You see
70 farther than ycu DO almost incline 10 tnlnk With
Barlow that when applies 10 lawyer, he is like
hero Of the Eastern tales who boldly mounts the back
griffin and takes all the risk OF his temery, in COM
pete ignorance OF the course ne is 10 De carried Is It
possible 10 do as the greatest that lived
Gone Is II Impossible to draw up plain code OF prnci
PIES in language without wordnes, and Ineligible to
plain man? think not 1t becomes America az least 10
try Uncertainty arises from conflicting principles OF
law and dissonance In their application 10 individual
ses Thl. last division will contguo the legal profession In
existence while society Itself exists but The first
Of uncertainty we might surely get rd OIL ad That would
be doing great deal A OF plain and honest legal
principles and rules would go near TO establish code OF
ethics Every In the community would be wiser and
honester for II. But then II must be drawn up with the
brcvty and precision of the French code; which mper
feet AS Is yet stands honor to the age that pro-
duced II.
By my calculations It would take four persons six
to make similar digest OF our common and chancery law
and two persons long digest code of Insurance. In
soyencv and admiralty law and there should be
man TO revise the whole compilation so as TO give It an
uniformity of style and character Which OF our great
States does not wantonly throw away as much money In
six years as this would COST through the imperectcn OF
present system?
Would to God could say before die that the age OF
mystery passing away-but see no evidence OF that
yet.
With many thanks for the view You have opened, re-
maln yours truly, THOMAS COOPER.