New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1848-01-31

The LAW Of Rights and the Law OF Remedies.
At length the public have something in the shape
Of a report from the two commissioners appointed
TO revise the Common Law, who did not. with Mr.
Collier, resign their Offices The gist Of their RI
gument is that as the boundaries between the
laws Of rights and of remedies las between com
mon law and equity rather indistnct, they can
not be expected 10 show to the Legislature and the
country what they have done for the last twelve
month till the Commissioners on Practice enlighten
them, by an exhibition Of the character of THEIR
system The Legislature Of ls47 was evidently
as much opposed to plain laws for republicans as
the worthy Mr. John Fine seems to be, and IT ap
pointed Commissioners from whom nothing but ex
cuses could be expected. The reasons Of Messrs
Robertson and Worden, if good for not reporting
progress II they have made any, are equally good
for doing nothing. But excuses were expected
II Messs. Robertson and Wordens reasons are
good for not permitting the Legislature, the bar,
and the public to either in type or manuscript
the result OF their first years labors. until lsi9
they are equally good as excuse for doing moth
ing at all.
We are very much mistaken If his Legislature
will deny themselves and their constituents the
pleasure of knowing what three Commissioners,
to whom they have paid SC, O0O have done, until
ls49 the plea that they cant tell what to exhibit
I'LL three other Commissioners TO whom different
task WAS assigned, shall conclude their labors,
and report their system in full II the boundary
is indstiuct ON one side is it clear on the otherl
Why had We not also the practice Commissioners
reporting that they must wait for the action Of their
brethren of code
Did it never occur to Messrs. Worden and Ron
ertson that it would be becoming TO call upon,
or send, to Messrs Graham, &c. for information, as
to Their system, than to make excuses for having
none themselves
To make long story short, if Mcssrs Robertson
and Werden feel either unable or unwilling to
plete the task assigned to them the sooner they
follow their late colleagues example and retire,
the better. There are those who have both the
will and the ability to carry out this vast
OF reform and who would have objections to let
the country see once or twice a year, what they
were about The sooner the country allows such.
men to immortaze themselves by connecting their
names with work greater than even the Code
Napoleon the better.
After referring TO the Constitution the statutes,
and the excellent report of the Commissi oners TO
simplify the practice of law, Messrs. Robertson
and Worden complain Of the indefinite character Of
their task.
Although they have not chosen 10 let the country
know what course they are taking, it might have
been expected that they would invite Mr.. Hawley
as Mr.. Golfers successor, &c examine what had
been done and to unite with. or dissent from their
opinion. He stands in tho stead of Commissioner
to whom the Assembly's resolution was sent
They did not so much consult him.
Their letter is dated the 22d inst. aud we quote
tho pith oft;
The remedial law" without a forced construction.
be made to embrace the administration of remedies
which involve the whole doctrine Of evidence on which
not unequeniy the most important rights depend. The
undersigned need not resort 10 Illustration TO show how
indsnc arc the boundaries between TIE lac Of rights and
TIE IaW q re7,des. TO show how difficult II to de
terpe what branches subjects the law, involved IN
the administration Of remedies, fall within the scope Of
the powers of the Comm practice and plead.
ings defined by them In their report The right of tr
al by iury-the question whether act constitution
ally passed-the admission of AZ attorney TO appear for
sritor-the mode Of taking tostimony-appeas OK
cessveness Of balthe unreasonable deenonof witnesses
the exemption Of trial for crimes, except present
ment or niotment-the taking advantage OF a former Fri
al for ofence-the immunity of a party from being
witness against himself criminal trial-the mode OF
compensating for property taken for public use-all
which be necessary determine in the course Of
the administration Of remedies, or in legal proceedings
are more akin 20 rights than remedies, being ia
themselves IN most respects rights secured persons hy
the Constitution.
M therefore. impossible TO present connected
OF provisions upon any division Of personal rights which
would 30 defective in particulars. from not per
ceiying what are he the provisions Of law In the app
cation OF remedies for the violation Of such rights
from not perceivng or understanding what be the
or remedies (the existing remedies being abolished
BY which those rights or others medicinal to depend
ent upon them, may be asserted or enforced.
Unl therefore, ne undersigned can he IN some nersnr
enlightened T. ne character o. he system 70 Dc presented
by ne Frac'ice Commissioners and he risvs o. ~ Lfgisla
iaTs knosH thereon, ery plan they sAogh submit 'noas
EsSssa,rg broken and Dpofesf And our desire, when
shall present plant Is that should be ia ana
complete carrying out the views Of the trainers OF the
Constitution. IL WILL therefore. be npoltc. II not Inn
practicable 10 present any body Of work during the
present session Of the Legislature.
From California.
The Journal Of Commerce has advices from
Monterey, stating that Commodore Shnbrick of the