The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-03-23
Revision Of United States Law.

Revision Of United States Laws.
Mr.. Gillett, the Solicitor of the Treasury, has
recently written letter to the late Secretary, Mr.
Walker, in which he urges the necessity fol i COM
plete and thorough revision of the laws of the
United States. No ofie b so capable of apprecia-
ting the faults and inconsistencies of the United
States Statutes is the Solicitor of the Treasury.
| Entrusted with the management and control of all
suits Of civil nature, to which the Federal Gov
eminent is party, including prosecutions for fines,
penalties and foreitures, except those imposed on
postmasters for failing to make returns or pay over
the proceeds of their offices, this responsible officer
is daily called upon to examine and interpret the
Congressional statutes; and he, more than any one
else, feels all the inconvenience of that hasty and
voluminous legislation which absurdly fancies that
multiplicity of words is requisite for cearness and
eIactness OF expression.
The number of men who 60 to Congress in order
spout and about abstract questions of party
rather than for the purpose of passing such laws
are necessary for the good administration of the
Government, far exceeds the number of the work.
| ing members that vast load of homogeneous and
altogether inefficient enactments finds its way into
the statute-book. The well-informed and really
useful members of Congress, not only have to con-
slider the measures required by the state of the
country, but they also have to watch and see that
the ignorant and weak do not slip confused and
deleterious acts into the mass of statutes which
already over-burden the people and the Govern
ment. Many members, ignorant and altogether
| needless of previous acts of Congress-fancying,
in fact that all laws were i'll made until they got to
be legslators-set themselves to work to lay again
the foundations of the administrative departments
and scorpipr IN ctndy hofn
| intuilively wise statesmen pile enactment upon
enactment until it is impossible for the lawyer,
much less the citizen, to know what the law is, or
whether there really exists any law at all.
Mr. Gillett states some facts admirably illustra-
tive of this tendency of our federal legislators. For
example, by statute of 1s47, the Postmaster is
authorized to procure and issue postage-stamps ;
and it is further provided that any one who shall
falsely and fraudulently make, utter or forge any
postagestamp with intent to deraud the Postoffice
Department, shall be deemed guilty of felony, and
be subject to the same punishment provided in the
2lst section of the Post-ofice Law of March Sd,
1925. On examination, we find that the section
referred to provides four different penalties-rst
fine not exceeding $500, or six months imprison-
ment, or both; second, imprisonment not less than
ten nor more than twenty-one years third,
penalty not exceeding $500, and the fourth PEN
atty not exceeding $50. Now, forgery has been
discovered, and what punishment, think you. has
been inflicted. The proper court has held that
the act of l847 is void for uncertainty. Again, it
has been enacted that person shall be imprisoned
for debt in any State, on. process from United
States court, when by the laws of such State
imprisonment for debt has been, or shall be- abol-
ished. 1t was supposed that Congress intended to
include, by the word debt" only cases arising
in contract. But United States judge>has held
that the statute extended to all cases of fines and
penalties for violation of the revenue, and other
laws where the remedy is by action debt Hence
foreign masters of vessels commit offences, and
incur penalties, without danger of loss or punish
ment. A large portion of the revenue laws is thus
annulled and made of no effect.
The difference between the number of laws ex-
sting the statute book and those really in force
is great and constantly increasing. Thus, in 1914,
the revenue laws Heretofore passed were collected
into volume containing 1876 chapters and extend
ing to about 1000 pages. lis calculated that about
200 of the 1000 pages are now in force. Twenty
years ago the land laws were published in the
manner, and extended to 1000 pages, and since
then numerous acts the subject have been passed
Probably, says Mr.. Gilett not more than 100 pages
OF the land laws are now operative. Suits con-
stantly arise out of the confusion and obscurty in
which these laws are enveloped. The same glorious
uncertainty reigns in other portions of our Statutes
especially in those having reference to the judiciary
In such state of the statutes of the General
Government it is clearly impossible for the citizen
to comply with the legal rule which binds him to
know the law. If the Solicitor of the Treasury,
with large stock of professional knowledge and
thorough training in professional logic, finds it
impossible to determine what acts are in force, or
to interpret the statutes he may have before him,
how much greater must be the mental darkness of
those sitting without the pale of the bar.
MIR. Gilett, in addition TO the recommendations
he puts forth for the revision and correction of the
statutes, suggests that the proper officers of the
Circuit and District Courts be required to report to
the Solicitor all prosecutions for crimes and offences
against the penal laws of the United States. At
present, the District Attorneys report to no other
officer the criminal suits they may see fit to institute
Hence, Congress s woiully deficient in all statist-
cal information to the amount and nature of the
crimes committed against the Federal Government.
Besides the useful information which would, by
such course, be furnished to Congress, thereby
enabling it to legislate with more certainty and
benefit to the country, general supervisory power
given to the Solicitor these cases would enable
him to give such information to Marshals and Dis
trict Attorneys would secure the apprehension of
criminals escaping from one district into another.
Uncertain laws are bad laws in fact, they are |
no laws at all. The several States of the Union |
have felt the force of this truth, and have at differ
ent times revised and corrected their statutes Shall
the Federal Government, which In SO many respects
boasts the superiority of its legislative character
over that of the States, lag behind in the race of
legal retrenchment and reform! If our lawyers in |
Congress had little devotion to their science
and little less of the debating propensity attributed
to the profession, they would speedily take measures
for revising the acts of the United States The
people, who are deeply interested in the matter,
should enoin the measure on their representatives
In the next Congress-
--&$@----.--
STEAMBOAT AcCIDENT.-The steamboat Web
ster' at Cave-in-Rock, on the Ohio, broke her en-
I,Ia 1