New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-08-19
NEw-YoRk CONSTITUTIONAL CONVENTION.
TWELFTH WEEK-LXlvru DAY.

TWELFTH WEEK-LX!vru DAY
/ Establishments and Harris on Common Law
Ksllgion-AbolitiOn of Common Law-The Code
Nap0leOn--Law Reform in 1921 and l'ie-
Clinton on Notes OF Manifestations Bills
$1,000 Costs, when So could have done as
nuch-The Ralhbun Case. Or Three Millions
Settled with One Suit-Equity-The LAWYERS,
as BODY. Oppose Reform-De TocqueyiiIe-
Duane on Law-Legal Friends OF freedom
The Rucktails on Law-Judge "aIwoFth-
rebts in England-Time Lost-Goyernor B9uck
On Debt, Finance, the Canals, &c
A.sAxy. Monday, Angus: T. $40.
To Tie Editor ef The Tri59ne
srp. Oliver Cromwell was clearheaded and,
when he chose to be 20, plain spoken Occasionally.
bowever when it suited the Lord Protector. ne could
say great deal that nothing just * !; Cnancel-
Ior were 10 read over his Court 900 out Of the
1900 foios Of the cHArT evidence winch Mr.. Brown re
ferred 10 az having helped 70 drive judge from the
Hench not long since, though something Ike l. accord
ing 20 Mr kirkland cost client 5000 up somewhere
in Oneida.
some OF the legal speeches have recently heard
well others that have attentyey read appear 70
70 be Of me Cromwe!lian order, 80 , far the
ques;on- before the Convention are concerned have
Rad Il hnt that although less Of the old influence OF
I-l j. felt indoors than,cnoush Of attempted
to bc brought 10 hear without Snd believe i
This morning Mcssrs. WoRpTS AID SIMMONS spoke.
The lst,cris 10 close las argument this afternoon
Mr. SIMMONS gave u many authorities from Arisioi-
tie 70 story and praised the Common Law. y,
how he Landed il He bsdc gentlemen compare
the Protestant countries where II prevails, 10 ne
nonlrotcttInt. unfortunate 10 have only the
civil ltw for their guideth0se countries which had,
with those which had not benefited by Luther Reior-
nation The genius Of the Common Law, according 10
time confers spiritual and Intellectual liberty under
stand HIM describe It the venerable parent o. The
arts and sciences since the times OF Henry -th and
Queen Elizabeth and 10 counnlaera,e poor 5cnIchcd
Loui.iana because Ike France and scotland she Viii
have OF H.
/ Itisapoor compliment TO tho common sense OF the
Convention religion into this argument Is II Pres
bvtcrian scotland less free or enlightened without
the common law than EpiscOpa!8n England i with IT.
We nave abolished here hing-A hereditary Fecrace
pyJr Ped class OF freehold clectortte laws OF half
blood prlmogeniture and entaIl-the punishment o!
heirs by forfeiture of lands fathers l:caSOunlay
cruel pcnaltie--laws the employment OF able
SCI TO convc, heavy crimes and TO refuse 10 al
low him employ other counsel Tor his dcence-!aw7
10 enable borrow money today, BUY ~ ESTATE
herewith devise IT, VII Il ami then allow the e!T 10
keep IL without paying Of that debt, although
the borrower might have died the day after ne obtained
the lOur-unlinted Imprisonment Tor dcbt-the seizure
OF the last article Of furniture for dlttO-orblddn- the
parent inherit under any circumstance his son
cstae-the imprcssment OF ecalen these were, every
one OF them part OF the Common Law vi England,
which Mr. Simmons praises and our ctatut. BOOK ana
Constitutions have rid OF all OF them The Bible
according 10 Lord Mansfield. Is part OF the Common
Law and heard the La" Ch!ciJustcc OF England, 80
phcmy at the Guild hall London in l-l9 DID not Com
mon Laws Judges condemn witches 10 be burnt
Common Law i Law made by individual judges IN
England without reference Parliament, and licensed
only I'LL Parliament chooses to SUPPRESS it, We adopt
H. on precisely the principle IN our Constitutions
like Mr. Iiarrss views OF Common Law but a 10 Mr.
Simmons hall thought be was in one OF his ronica!,
satrical moods extraordinary were some oil his con
illusions.
Mr. Harris OF this city. maniully dcnounces the alb
eurdiucs which have many charms for Mr. simmons
pigb
ing Journal OF this City.
Mr HARRIs.-'' Our Government rests upon principles
entirely from those OF other anu have no de-
elrc 10 zee much OF he policy or prnGpiee ol one gov
ermcn,s Incorporated INTO Laws which IN other
countries where every thing stationary or perhaps retro
grade, tuerab!c una even useful may pe
10 our Young county where every tug rapidly Hdvanc-
peculiarly. cmphatically, AMERICAN .Sl
The Common Law had origin IN darker netan age
characterized by ignorance ana oaroaiSin ana ieuday
Learning and Liberty were eNiingeished IL
glimmerng light by which mankind were enabled 10 grope
way through the hlck durkIess with which they were
surrounded ANA now Tue iibhl II es &c! 's 70
visible the darkness of the IN which originated
and to reveal the sights OF human woe winch sNe mathed
We are told that law the rule Of rule that IS
unknown cannot govern mans conduct And yet who
tell what the Common La" II rs eWosls,S sPsah o.
the perfection TeasOuii may be so--put II Il Is u
like modern theories in religion reason 80 suhi'
mated aud tansccndenia beyvidcT Its voiaTie ana
{ plunge victims INTO the uazes OF error
do DENY that the maNims and principles o the Com
tor the part the result oi experience ana
/ founded wisdom. But II must also be admitted thal
aud absurd. It's doctrines and precep' are scattered
through hundreds OF volumes and are often SO obscure as
pcrpcx Lawyers OF the greatest research and accu-
acy, while those OF less learning and ability have been III
Voved IN the most serious errors
said no one knows what The law is before The Judge
lays down. may farther and say no one knows w'
the law after the Judge lays doir unless happens that
there superior tribunal to which the case may be car
RED Take any hundred cases that may be brought IN our
inferior and let them be carried from one court 10
another until finally decided IN the court OF last resort, II
Viii be found that nearly oreha oil mem VII uv hi'alH
reversed und much the greater share @: item VA! nave
been decided OF each party IN the course OF their
progress Almost any case where there i any difference
OF opinion may decided either way and the decision
sustained 10y plausible auaos'e.-ir !GM 81 INC oue "e
ponds uponihc bias OF mind-he hua viii. may be "
whm OF the ia-l Judge who has jurisdiction over !"
MI. WoRpEN. Does the gentleman intend 10 apply his
[ remarks To the whole common law
Mr Harms. do, 10 the great body OF IT.
Mr.. WoKDEN. am sorry 10 hear IT,
MI HARMS. know that. the views have presented
may be regarded hcicIodoN by many OF my profession
We are educated with sort Of bind reverence Tor NE COM
mon law. complain OF tina, ndScrnirlaie ven
ior the whole system which dcnOunccs, sacrc-
gious innovation, every attempt 20 adapt more perfectly
10 our republican institutions AND me spl OF lte "st-
know what extent the rules and principles OF The
common law may be- reduced 10 positive >aiGcs-but be
heNe much very much can be donc IN ms e-pretllai
certainty may be given much that uncertain ana
open 10 cOnoN rrsNIhat courts may thus be- saved much
nic now spent IN ingenious efforts 10 divide AH!T pc
twlN The South and Southwest sIdc-i.a; tue profession
may be saved much aborou research and The public much
expensive litigation
Something done this respect By the revision of
Our statutes IN 1859 IL which extensive ANA useful sera-
tous OF the common law made and many Of IL pra-
cplrs Incorporated the the book. But
the remarkable illustration oi what MAY be- done !
found IN code Of Napoleon 6y adoption hc reduced
single vulgHle OF few hundred pages the substance of
ikr whole civil law. and consigned oblivion thousands o.
Volumes and rcat;v> and commentaries which ~ had be-
fore required halt the oIyiGu life BY HAS stu
gle &C, that wonderful man exhibited more sagaoious
forecast and secured more enduring tame 1i! ny ali us
splendid military achievements
La,r Reform q, 1871 ,,ud Lee Reform ia lsi6.
Nh hlENL,NpS practical discourse on Newly Jus
tee and Mr. oConors admissions with those OF Messs
Morris Marvin Stow Harris and elsewhere Hoffman,
msnt show any sensible rejecting man, that the Law
fers nave been the unfolding enemies OF A. Reform,
because " was their interest 20 Cypress and naTssS the
community Lawyers nave been our Governors our
Judges our Advocates, Law Agents and our Attoy-
neNS tieS nave created The confusion that exists
they nave preserved II When one Of the highest mem
eefs oi oe1F o'!eT hAe Gov, CLINTON has urged upon
them, N The Legislature frame Code hv means OF
which every cuZen might know his risa;s The penalty
invading these nights and the cours, 10 b. ,,Ir
for remedy for every legal wrong the LAWYERS s.r
h.:, at defiance Formerly many practitioners bought
debts 10 rsSe lawsuits and When oi them bai
note of hand 70 collect ne brought actions IN
the higher Cour,s-one against the aecep'oT and one
each against every endorSer nm prepared 10 prove
that Sr,s NJ m. 4hpSt r,yn IN the legal prO.ss;o-