The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-07-24
Arrival OF the Ohio--Importsnt Intelligence
from Cuba.

and that they left the sixteenth, in the United
States steamer Vixen, for Pensacola. We hear
further, that ten of the American prisoners have
been Iemanded for trial before the Spanish tri-
bunas, on the charge of having invaded Cuba
We fear that this unfortunate business will not
end peaceably as would wish. The forty
two prisoners that were released were in all pro-
babllity given up on the peremptory demand which
was made by the late administration, and the re-
lease of the others, probably, peremptorily re-
fused. IL our demand for the whole of those pri-
sonsrs has been refused, as there is every reason
TO believe, our relations with that island, or with
the government of Spain, cannot possibly remain
unchanged. There may be- indeed, enough against
the ten retained TO put them upon trial, accord
ing to Spanish law; but our government cannot
look on and see, the liberty or lives of citizens
put in jeopardy by trial under laws TO which they
are strangers, conducted according to Spanish
forms.
We are, therefore, not yet clear of the difficulties
connected with this question. We have no doubt
that Mr.. Fillmore has received dispatches by the
Ohio; and new that we have administration in
Washington who are entitled to the confidence of
the country, we expect that they will take proper
measures to protect the rights Of the remaining
prisoners in Cuba and that no injustice be done
TO them. We have no doubt that Mr.. Fillmore
will straighten out this matter. In his hands we
are willing to leave it.
The NEW CoDE-Irs GROWING UNpopuLAnrTY,
ADD PRoBAsLE REpEAL.-The new code, which
was so suddenly, and, as some say, SO thought
lessy adopted by the Legislature of this State does
not seem TO acquire strength popularity with the
months or years of its existence. Indeed, we have
every reason to believe that the whole profession
of the law, with some very amusing exceptions,
both the bench and the bar, are opposed to the
new code, in consequence of its unsettling, and
throwing to the winds Of heaven, all the old and
well established common sense principles, in both
civil and criminal practice, which had grown up
by long succession of intellectual experiments
during past ages 1t is very we'll known among
practitioners at the bar, and also among a large
body of clients, that for many years previous
to the abolition of the Court of Chancery
great objections were made to the looseness
of IFS practice, and the uncertainty of its pro-
ceedings. In fact, those characteristics of the
Court of Chancery had passed into proverd, such
that the length Of the Chancellors foot was the
measure of Chancery proceedings and practice
Now, the Court of Chancery wa. mere civil law
court, very different and very opposite in its prac.
it is very well known that the law practice
approached nearer the perfection of good sense, as
applied to difficulties between man and man, than
any other species of practice. The new code,
however, like some new issue, came before the
country arrayed in all the charms of first fashion,
and at one blow, the unsettled practice Of the Court
of Chancery, which had given 30 much annoyance
for many years, was rendered permanent, and was
IL. a.. ..,L, a. III
law practice was hooted at and kicked out of court
without any ceremony.
But it is not only in practice that the new code
has exhibited its deficiencies, increased its unpopg-
larity, and troubled clients and business men of all
kinds. In its civil administration the confusion of
the new code increases litigation and expenses ire
mendously; and in the administration of criminal
law, The nature of the new code, and those who
avail themselves of its characteristics, have been
particularly Observed during the last year 30, in
the administration of justice in this State, and par
ticulary in reference to the character of evidence,
and the mode in which it is used, got up, prepared,
presented to grand jures petty jures and courts OF
justice Of all kinds. We have frequently referred
to the Gaze Of Arlington Bennett, as a matter in
point, showing the errors, the blunders, and the in
justice which the practice of criminal law, under
US Of late. Here was an individual perfectly
innocent, yet from a combination Of rogucs and
roguery, under the practice of the new code, as
respects the character and strength Of evidence
here lie instance Of innocent individual being
indicted, ncarcerated for six months as a fclon in
a common jail, and only gaining his liberty after
lotg und srduous trial, which ended ,riumphanty
for him, but rather dsastrously for the practitioners
sIa a. r 81
instance is still before the courts, yet undecided
We refer to that OF Drury and sou, the first trial
Of which similar features were exhibited to those
which characterize the practice OF the law under
the new code, in the case first named
Taking the whole OF the experiments which
have been made under the new code-both civil and
crininsl-during the last few months, in this city,
there has been growing up strong conviction in
the pablo mind that while the old system required
amendment, its entire abolition. and the sub
stituion Of the new code, have worked a revolu-
ton that is manifestly leading to the injury Of the
State the great detriment Of justice, and the wide
spread and utter uncertainty Of all law and all
practice in the courts Of this State. In every branch
practice and every class OF cases, Intellectual
lawyers concur in the opinion, that the new code
has already exhibited itself as an ism Of most
speculative chsracter-as a modern hunbug Of
most objectionable kind-clearly demanding re-
vision, II not a final repesl Of the whole system,
and the return to the old and certain practice of the
law, and the dispensing Of the common sense jus
tice which we were accustomed TO for years be-
fore the new code got in vogue.
We have much more to say on the working OF
the new code since lite enactment, and many de-
tails to give in reference TO particular and specie
cases-both civil and crimnal-in the courts
Of this city.
Marine Court.
Before Judge Cewles
IuLr G-Ttmps Fay and ~ " WILSON. a, Cbri,.
lien \. Sgns-Tbis was sction = note; the de.
VA h. nj. A-.L.