New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-06-20
The Law, and how IL Is Administered
Dock Bank Case.

NOTES OE GRAHAM PRACTICE. FOURTH EDITION
To TIE Editor Of The Tribune:
The edition above mentioned has not yet a..
peared but rs the notes on work often constitute
its chief vaae, the public will no doab: be highly
grstiied by having some in advance Of the book
on which they are written. The Learned author
proposes in the aforesaid edition to dove tail the
provisions of the Code into the old practice. He
" IN thus hav the Office OF ezpounding what he has
himself lin part been the author of-an undertak.
ing not without peril as a man does not always
know his own meaning best. This, At all eyents
is true of Legislative Law makers, and much learn.
ed reasoning has been laid out by lawyers and
judges upon the suppoaed meaning Of statutes
which is often found to be very different from wha.
these v ho framed the law ever dreamed Of B1.
my otect in these notes Will not be t. enter up1n
the principal subject which will be handled By tn
author himself but the subordinate of colatinz
the late decisions OF Courts.
| NAV premise that Practice is now Of mach
more extensive import than fcrnerly when these
elementary principles of law were supposed 70 ex
list. Then We used to hear of the theory and prac
tice Of lew. But what is there now of the former
ls It not all reduced TO practice What, indeed, IL
law, but the opinion OF Judges or, how can that
be said to be law which merely recognizes a light
but provides no remedy What ia the utility OF
seeking reconcile rules and principles aid d. VA By
learned writers, ouch as Blackstone and Kent -
The Judges understand that should be done with
out looking in books for IT, The only thing neces
sery is 10 find out what the case is, and tina. is pro-
yided for by the code which regulates the proceed
ings Ct Courts. Equally unnecessary is it to knog
what has been decided by other J1dges " What
90 / want OF the Code Reporteri' said disling
uisbed Judge in the City OF Brooklyn. al am con-
petent to decide cases myself" or what conse
que nee is precedent "Let strip oil this learn.
ed foliage (said Mr.. Burke in reply 20 an argu.
ment OF the Scotch lawyer w edderburne,l let rs
unswalhe this Egyptian corpse, and bereave it Of
its salt end gum and mummery, and see what sort
Of dry skeleton it is misunderstanding b1.
precedent"
Judges have only TO depend on their ntuidve
perception oi right Research into old caseS be-
longs to the by-gone days Of wigs and gowns
81 les mag LtraLS oraiem Ie CerRg6le justice,
81 lesmcdecins GUaieAt le rroi artde gHeir, is Aaa-
J0itHt que fare De bORncfs e1rrcs, the meaning Of
which IS, that there IS no need OF putting appear
aces when there is IN fact anything substantial az
bottom. This opinion, which quote from Pascal,
tpplies as vel TO tue Latin terms aud parade Of
authorities which Judges formerly .o)k pride 10, as
t. The sppansge Of thor persons.
Again, il is material ~ be mentioned that IL has
been found unnecessary - give reasons for their
decisions. A rule entered by the clerk expresses
tho conclusion Of the whole matter. Look az the
dis pstch Of business that IS accomplished thereby.
la the General Term Of the Second Cncrit the de-
cisions appealed from are ordinarily affirmed and
tie time of the Court 10 not waste4 in the useless
display OF writing opiDions-a practice particularly
deserving Of commentator, as the cases are tdus
disposed u Gnd nobody can lind any objection 70
make
would tot be understood ss speaking in lis
paragemsLt OF tboEe Judges who write opinions
and publish them 10 tue Code Reporter or How.
pa
SAINT reading 10 those who have leisure. HjGard's
Reports SHOULD indeed have place ia every mis-.
cel!Eneous library, tor the variety OF style noy-
city Of reasoning and diversity Of opinion = be
found therein. have heard Of some literary gentle.
man who read COke's Commentaries on L.gt,leion
for entertainment Monies Iuou, the great French
writer On laws occupied his leisure trne in reading
the Arabian Nights. II might venture g sggges-
ton Tor the benefit OF lawyers, l think they would
lnd an agreeable relaxation from their professional
labors IN the reading OF Howard's Reports sug-
eestion which ! am Tie more bold - make ba-ause
IEIy might not other wise know the entertainment
that they might taen pCssess themselves VI. The
book IS 70 be found IN the Library Of the Law Ias.i
tuie, IN this city, and is also { an told, in several
private Libraries Of lawy ers who indulge their .1Se
10 curious literature.
ComstocA's Reports which contain the decision
Of the Court Of Appeals cannot ia the particular
above mentioned DC 80 much cJmmented.-Ine
practice IN that court IS 70 leave % ore Judge tie
writing OF an opinion In esch case IL would b
mistake, however, to suppose il was toe opInoa Of
the Court. On the contrary, every other member
OF the Court has right 10 his Own oP ulo1' Only
be keeps It 70 himself bit II the rep0Tted 0p.e'1p
should De quoted, they exercise the l1ss p1Tlegc
ol declaring What Their oNn wss E1cH 70 m1ny
cases MAJ be quite different.
Thus, in the great case OF the Dry D3cs Hank
ard The Ansricsn L 70 Insurance. ana Ff1stCc tne
reported opinion Em Io5ge CLdys t-sEps e'osI .