Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1850-07-04
Convention.
Monday oath.

This morning the committee took
up the report Of the committee on
Jurisprudence. 1t is short-only
two sections. 1t provides that the
Legislature shall elect three commits
sioners, whose duty it shall be to
codify the laws, &C., after the man.
ner of doing the thing in New York;
and that, so far as practicable, they
should abolish all distinction between
law and equity practice. The COM
missioners 10 report to The Legisla-
ture from time to time, &c.
An amendment was proposed by
Mr.. Taylor, that these commissioners
should be elected by the people,
This failed. 1t was modified so that
the Legislature should provi6e for
their election.
A discussion arose on the merits
OF the recommend of the committee,
and was discussed till recess. Judge
Peter Hitchcock urged, that as this
was an experiment! Of a vital charac-
ter. it was better TO wait till New
York had tried the plan, and see how
il worked. That it was within the
power OF the Legislature at any time
the people might require, to do this
work, and that it should not be i'm
posed in express terms in the consti-
tuition.
Judge Holt, who is chairman Of the
Jurisprudence committee, defended
the report, and enforced the practi-
cability and necessity of law reform.
He dwelt al length on the nonsense
and humbuggery oi the John Doe
and Richard Roe process in eject
ment. The question was further dis
cussed, by Judge Ceilings and Signal
Taylor 10 defence Of the report, and
By Judge Peter Hitchcock, Nash, and
Leadbetter against it.
Judge Vance spoke forcibly in oppo-
sition 10 the scheme OF the committee.
Mr.. Case Of Licking replied, and de-
Tended the report. Judge Vance
answered, enforcing his views.
Mr.. Mitchell, Of Knox, made a
furious onslaughtupon the commit
tee and the plan. He defended the
common law forms, and declared
them much more simple and perspi-
cuous than the civil law, or the re-
formed practice OF New York.
June 25.
This morning the discussion was
renewed, and remarks were made by
Messrs. Ceilings, Ranney and Case
in defence Of the report, and by Mr..
Mitchell in opposition. Mr.. Arch
bold had concurred in the report,
bu. thought it idle TO expect that a
new system of jurisprudence could
be adopted at once. It will take
years TO bring any new system into
operation.
Mr.. Taylor spoke at length in
opposition 10 the common law. He
was Of the opinion that we had got
to be old enough and wise enough 10
make a system of our own. He
wanted our glorious Buckeye State
to be Independent OF British forms.
Judge Vance enforced his views.
He had not opposed legal reform.
But be was opposed to the idea of
abolishing the distinction between
law and chancery.
Mr.. Leadbetter was still Of the
opinion that the proposed reform was
impracticable.
Colonel Hawkins supported the
report. 1t was a reform that was
required by the people Of the State.
Mr.. Manon thought the commits
sioners should report system Of re-
forms, and should not be left to de-
termine whether they thought the
thing practicable, or rot. i
Gen. Mason said that we arerall
in favor Of legal reform. The difie-
renee is, thai we differ about the
length we go, and the way OF getting
at i. He defended the common law
at length, and with much ability
He commented with, severity, and
vet with pIeasantness, upon the pro-
pensity to run after new measures,