The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-03-14


II not without expense. To ray nothing OF foreign
governments, most OF the States composing the
have set the example OF revising
their statues, bringing them into as small com
pass as practicable. The revslOns In several OF
the States each included in a slagle volume:
Some OF the States have revised their laws several
times within the last fifty years. II any person
doubts the propriety and necessity OF revision oil
our national laws, he will cease to do so. when he
attempts 10 point out those IN Orce, prescribing the
duties OF the various officers OF the government
and OF The citizen. In examining more than sixty
volumes OF session laws, he will with difficulty
satisfy himself which provisions are IN force, ani
which are not. The Undersigned speaks advised.
ly when he states, that nothing In any published
edition can be relied upon decisive OF this ques,
ton Ii can only b. settled by a thorough and
careful examination of the statutes themselves. In
doubtful cases, Is frequently necessary TO refer TO
the adJudicatlOns OF The colrts, to determine the
matter, and 1t will be found that the judges OF our
highest counts sometimes differ in opinion on such
questions.
1t is possible there will be some difference of
opinion concerning the mode OF accomplishing
this great and necessary work. The extent aud
difficulty Of the labor will be great, I'd will ne
cessarlly require pretraeted and patient industry
No one can properly engage In such an undertake
ing, who Is not an experienced lawyer and con-
versant with constituting statutes. To accomplish
this work with success, those employed In IT must
be familiar with The questions raised under the
laws, they exist in order to understand and pro-
pose the proper remedy While Register OF the
Treasury, the under'igned made report, which
was communicated to Congress BY the Secretary,
blouse Doc. No. AZ, I'd Session, 10Th Congress-
wherein his views are briefly given, and are in
part as follows, to wit -
&C. The resolution of the House requires the sugzss.
ton Of mode to secure the framing Of proper AID
satisfactory code reative to navigation Iaws to bs
submitted to Congress for its confederation" II such
code Ia to be confined to che matters sluded in the
terms Of the resolution think It should be
In tho Treasury Department by those who have been
long engaged in executing those laws, and who b.st
the advice Of the Secretary OF the Treasury and other
officers Of the department, whose experience would
enable them to make useful sugssstions. But II
Congress should conclude to include all the &C.
neral laws In the revision then other persons should
BIZ added whose experience aud legal scquireme uts
have qualified them for the task. Instead Of orsat ~
q office for the purpose. It would be much efsrs-
bic to assgn to those whose dutes will permit
to attend to 1t, and whore practical kno~l'iv-
Of the existipg evils will best enable them to know
what rem edes ought to be applied.
board OF three such PERSONS with authority to
form this duty In calculated to promote the
public interest This codiacstou should be incident
aud subordinate to other official duties aud should be
under the general direction Of the President.
These views have unde rgOne no change by lapse
Of time, or change of position Experience in this
efiice strengthens and confirm them.
All laws relating to the duties of each particular
tribunal or office, should be brou hit together as
far as practicable, and re-enacted IN appropriate
subdivisions, with such additions or omissions AZ
experience might dictate. For instance, lnste I'D
what similar powers for the district courts one
provision, conferring uniform power, should be
made. Instead Of the various powers conferred
upon different departments in relation to auhentl-
eating papers, one general provision should appy
to all One oath OF office might we'll supply the
numerous special Ones found IN the statutes, and
instead OF near hundred provisions authorizing
the different departments to prescribe FORMS aud
make regulations, one provision should cover the
whole In this way, ten, twenty or a hundred
pages might be reduced to one.
In the same manner, the powers and duties of
the various functlonarles OF government can be
epltOmZed without being changed.
Additions to the present la seem also to be de.
manded. While there appears 10 be well founded
complaint against those provisions IN our revenue
laws which create sc vera penalties tor the act
our criminal code IL detective in not providing pua
lshment tor several offences offrequent occurrence
II Is an offence against the statute to counterfeit
certain coins, or TO utter them true. But there
10 no provision applicable to utterlng them as false
Hence persons arrested Tor selliug spurious coin,
as false, have escaped punishment. There are
many other detects equally papable IN crml-
nal code. In some Instances local laws have sup
piled portion OF these detects but ths applies to
only a few States Offences, as well as their pun.
ishment, ought to be mere clearly defined. 1t is
respectfully suggested that criminal cases be re.
ported to the Solicitor, In the same manner as those
OF civil nature.
the proper officers of the Circuit and d strict
Courts, Of all prosecutions for crimes and offences
against the pen statutes OF the United Sstes the
statistical information, which this office would he
able to furnish to Congress, would unquestionaby
be OF much value, In further legislation On
that subject should be required. A gene al super
Vsory power over these cases would enable the
Solicitor 10 give such instructions to the Marshals
and District Attorneys as would secure the appre-
hensIon OF many dangerous Criminals who might
escape by fleeing from one district to
another. If samples of the counterfeit CON, trea-
sury noes, certificates of stock, &c, obtained by
officers IN the performance CT their duties, were
forwarded to this office, ii ght be found that the
fraud was of dangerous character as to
the government to detect and punish the ofl.nders
In many instances, 100, the publication of full
and clear description OF such counterfeit with the
means OF detecting them, would not only serve to
project the honest, but would render the business
Of de aling them more hazardous and less lucra-
tive.
An annual report of the number Of suits between
pending In the District and Circuit
Courts, stating the length Of time they have been
in court, &c, would also be useful.
A fee bill for District Attorneys, Clerks, Mar
shals, printers, Jurors, witnesses, and commits
soners, should be provided.
A revision OF the laws, ssch as the undersigned
suggests, would not cost tiIhe OF what now
annually lost to the government tor the w,nt Of it,
saying nothing concerning that sustained by the
people.
Ali Of which is respectfully submitted.
have the honor TO be,
Very respectfully.
Your obedent servant,
X. II. GnLET,
Solicitor.
Hon. II. J. WALKER,
Secretary ofthe Treasury.