New-York daily tribune., 1846-01-22
MIR. puer,. rrent,se ON Insurance.

IT, ne Editor Of TIE Tribune:
am aware you do not take great concern in tEe
growth or accumulation oc our Legal Litera,l-e
though fail as much, no doubt, as it generally b.
serves from you or your non-proiessiolal readers.
The work, however, which l propose brieay .,
Introduce seems 70 present, under the unattractyo
denomination OF Law book, some exceptional and
important claims 10 your notice and their attention
will point out Two or three OF the principal q.
it, grounds OF distinction LIST. The nature of tie
- eet. Marine Insurance being, perhaps OF ali tfe
d,p.--sn.s o.: our Law, The most easily acoes,its,,
ami o.. -sblc bv the parties themselves who as,
ordinarily concerned. ID Mr.. Daers method Of
.,eatia. il, which within the scope assigned hir-
self j marked by a degree OF arrangement penr..
,..,v and logical sequence, employed bat veryrs-
y. IN he ccntsc,ion OF our Law Books. 81. ana
The s...e, which Is emneally popR.ar being cas-
oftfn elcsaut-iu ,iiction, and abundant N lIasua
ton
That 4 knowledge Of the laws relating 70 Iasr
,n,e = peculiarly available towards the prevents,
OF litigation seems manifest from i"o considerations
These, laws themselves are IN great part conpo~o
,f certain usacce which merchants mus! be bettr,
acnpainte! with practically than even the lawyers
md then the circumstances and casualties 10 Whe
;hcy a.e 20 he applied. are - Glal.o.l aac complex
that the process must be bes. performed .! men 3,
the daily habit O; nicely calcG ating these casQa.
tiss for tac.. projects oi risk adventure Add ih
tFr intelligence and education ot the mercantile csss
general, would enable to MASTER any branch OF Lsa
There needs ther II would scetn but 1" classify sa
explain these usages, ascertain the extent and bef
ipss ana seaeraLe pyGcnty, The application oi tie 2sr
tcuar rules and cases IN order 10 place ta's whole ;g
,s, wherein ne is vitly Interested as thorough
within TIE comprehension OF tac merchant as OF iAe
Awynr-proOgbly more so, for me reasons suggested
This IS wha, Nc Dusr seems 10 have designed, al
what ,yol,lt have designated ABOVE 5y the word res
od as the second distinction oi his book Principles m
anslyzai and explained rules coated ana suaordns,c
authorities discussed and compared In this process
however cannot ilrbc8r thinking tiV me Huthos h,
somewhat misplaced the viItuos OF dcCrCnual mOley
and iogjcl crupic. lie Is Gl ot sUch pdtlSos as Ike
following Unless mstaSe-prrhdgs tae better tgs
ion is- may DC reasonably assumed--thc mere Hro'i
bic conclusion seems be- sc. Scarce fourth co5ee
sion is affirmed cat, s0uctliy. Ike effect u coay,e
70 multiply uncertainty already bal too rie 20 Sc, o.
a,ioAt ON sea c doubt. especially 70 the popular eye
THIS would be cemmoudaole where "nS;raet irlts
was the object bu! the end 0t law IL not trata bG
action H. therefore dps,natsm be- any ~hee
allowable absence IS a.tnOst defect IN writer apH
eUr common aw Jurisprudence. where, IN one hAi j.
cases IL IS OF less consequence "a ascertain "hat tAeue
actually is not rhan 90 recognize some rule O. 9th,
IA established taal is where the ccrtiaty u ot
frequent Importance than The quality. In Mr. DG,t
however the iGcuu. cniencc OF THIS defect % 10 oe ou
ness 3f h3e GIa.scuc.
Tai. ,yos> Is introduced by an a5lo and very lesuej
Gssert.ot the historical origin ~ Marine Insurance
4 pbigS0LIicai exposition of 10 nature and conditions
would br equally pertinent. and, think. lar
-tructivo. The theory OF equalzug The vcis,itade,
fortune $50 errdl aud neutral 1iug ud!vdus es.utsr
bv diffusion over Inc whole community, being the co
ernu. principle il "f course the key OF the sys
tenn OF insurance Omissions of the like nature in De-
tails are quite numerous especially find IN thu lse
urc On the Construction Oi The Policy from lhe npsr
INK of winch %. l5al let take instance IN,
author having stated ihRt the igt7t at The parties
the controlling principle from whch nl t5lc special ru.
OF interpretation How gcrs to add Do These rule.
have p0>iirl and Grbity7y force tPerempory and
absolute N They not p.Tiutt.d 20 nverrul"A css
aud uunmbsuoUs infant" &c. NogV. lilr should ih,y
hsve the slightest tendency override their pri
cpis-tb0f from which they we're iust assumed tp t0F
by logical cousequencei The error here is that
prevalent one respecting the relation between pfirr
pie or rI'r ana vi hat called It's exceptions Th,v
sisnalizcd To- nor for criticism sa5r BAT a. being think
the occasion of much ot ihs confusion which character
ICES Anglo american Independence. But this il hf
place - olscuss dtveopc II; the resder mus b.
with the following statement oi m" point from
writer in tue HestpiHsfer Rrjen-Mr MI-the decp.s
md clearest OF English living thinkers " Ia soitnct
therc l. properly no such thlug as nm exception Nhs
s thought tu be exception 10 principle always
some, other and distinct principle emitting iGto The dt,
some other force nch mpingcs against the fret force
and iriccts rom its direction There not ler
and erccptiDU to that aN-thc law acting In ninety
nine md the eXcepii1n in one There tso
laws each possibly acting in lie whole hundred Eases
and bringing about common effect by their coni1inl
operation &c. thlS ia distinction a thorough con.
prehension OF which is Indispensable esi Il uncom.
mon in American and even English Gw.writcrs Nj
taat suppose Mr. Dusr 20 De vVtnr 10 :hi1 scientific
competency; hutuly in thar scieutifc luiNoiismwhl.h
in the !nrs ai rallueTrih and IuieSsNf
al would doom him to pass for mere 'heorlst -(Ike
Murray for wit Cwi'h the shrcwd FHcnty oitae ei'J
Hall.
In fine In TN, execution cenerallyleee C.s far asi
10 of iulu IA
on Marine fnsurauc, entitled nni hope destined 70
supcrscde it- predecessors, both EngI:.h md Naive
with the profession. And when c-mpcted--th's O,ins
the dr., volume Ia be- soon followed il is understood BY
two nore-it find place in the llhrnry also oI
every merchant Kent's md Blackstones CommcnN.
ries are read universally. This il work, though to
more limited class OF the community ot me hSe e,e
r,-n,,rv character and inter,st Mr.. Voorhes u he
~, -,.shsr J. orc.