New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-01-04
IN. Compl.t,ou Of the Cod. No. I.

At the last session Of the Legislature, the Codes
of Civil and Criminal Procedure, reported com
plete by the Commissioners on Practice and
Peadings lay upon the tables of the Members,
from the beginning TO the end Of the session,
without being scted upon Yet it was not for
want Of inclination in the ma ority OF both houses
TO act upon the subject for their votes on every
occasion indicated their interest in II, and their
favorable disposition toward it. II was because
of an unfortunate reference made early in the
Winter 10 separate Committees in the two houses
and these the Committees on the Judiciary. with
some additional members in the Assembly, IN
steal of Joint Select Committee, instructed to
call in the aid Of the Commissioners and sit from
day TO day. Another session, near at hand, will
bring the completed codes forward again May
we not now reasonably hope, that they will no
longer be postponed, bat that the Legislature will
take them up without delay, aud pass them into
laws
IL is impossible here to go into detailed ex
animation of these codes, or into ell the reasons
for passing them bat the more prominent points
NAV be briefly stated, and enough, trust, to
show. that it is practicable to dispose of the sub
ect at the ensuing session; that there is no reason
for further delay and that the credit and interest
of the State require the reforms already begun,
10 be now carried through.
What is there necessary 70 enable the Legisla
ture TO dispose of the subject inteigently and
safely? Nothing but that opportunity should be
given to the members to examine It, and TO apply
the result of that examination to the bills as they
come before the two Houses The opportunity
for examination has been already had The re.
ports have been published already year, and If
| in that time any person, now member OF the
L. a1 ha will raf
| be likely to do so in any number Of years hereat-
| ter The examination being had, what is the re-
suit of il If the members are satisfied, generally,
with the details OF the Codes for their essential
| principles have been already established by the
positive action of three successive Legislatures,
I and the acquescence OF a fourth then 1t should
| seem only to be necessary to pursue the course
| adapted in lS4s, which was, first to have gene
| raj discussion in Committee of the w mole, that
| the views of members generally might be thrown
| out. and then to refer the bill to select commit
| tee, to report complete, such committee canng
| in the aid Of the commissioners II, on the other
| hand the members are not satisfied generally
with the details, Joint select committee OF the
two houses, sitting from day to day, can give the
! requisite examination in thirty or forty days
| The committee should be a select one, for the
| standing committee are too much occupied with
the ordinary business to give the necessary atten-
! ton TO this; it should be joint committee, tor
| prevent dissgreements between the two Houses
| and it should ask the commissioners 20 SIT with
them to have the benefit of their familiarity WIN r
| ali narts of the CODES, aud that the language oi
| any amendments may be homogeneous with that
| Of the context.
| Is there reason for further delay? We are at
! present in as good condition to go through with
| this work as we shall be the next year, or the
next decade We can do it now as well as we
can do it hereafter. If, in the process of change,
we are to suffer inconvenience, we are as able
now to bear it as we shall ever be- whatever
profit we are to reap from it, ought, for our sakes,
not be postponed.
If we are to wait till the majority OF the legal
profession become favorable TO the changes made
and proposed, we shall wait forever. Lawyers
have never been, and they never will be, IN favor
| of any great change in the law. Whether that
law be of England or France, or Sweden-Nor-
| man, Roman, or Gothic-it is q sacred thing to
the greater portion of its students and practcers.
When change is proposed, they resist it, and
their resistance has been in all ages and countries,
in proportion to their power. The Scotch lawyer
resists the introduction OF the trial by jury as the
| English lawyer ressts the taking OF 1t away
This is not owing TO any sinister motive it Is the
| fault of education and habit. The French codes
were resisted and delayed by such Influences.
| When Romilly introduced into the English Far
lament his bills to subject lands to the payment
of debts on unsealed contracts, and to take away
| the punishment OF uehtn lot SnDplutmS W IuC
value of five shlings or stealing in dwelling
l-~~-e - tho yalne of forty shlings, he was OPP
| posed, year alter year, by the heads of the law
| Eldon, Peterborough and Redesdale, with all
their followers. Laws the most b1rdensome, the
most unjust, the most inhuman, have found ready
apoIogists and defenders among that class of law
| yers, always the most numerous and the most
busy, who study and reason upon the past alone,
and whose fundamental legal maxim it is, that
whatever is is right And it is but announcing
an historical TRUTH to say, that all the great
forms in the law, which have ever been carried
have been carried by the strength Of the people,
against the wishes, the advice, and the resistance
Of most of the professors of the law, and so,
| doubt not, it will ever be.
The credit of the State should seem to be not
| little concerned in carrying through what it has
so deliberately and resolutely undertaken. The
course taken by it was not resolved upon lightly
or hastily. 1t was only after years of agitation
and OF struggle, that it was begun. What great
commonwealth like this begins, it should COM
plete. Our action has found aemirers and imita-
| tors beyond our borders. 1t is hardly too much to
say, that the name Of the State is identified with
| the reform of the law. IT. after having done
much, and promised more, we were now to sink
into inaction, and leave others to surpass us, we
should fasify our promises, and discredit our
name. Evening POST D. D. F.