The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-01-06
Legal Reform.

Newly FORK, with the view of einducing an in
quiry at least into the propriety and practical
bilty of similar reform here. We did not
intend To discuss the subject fully, or to pursue
it any further than was necessary 10 this end.
Although our remarks in relation to the ne
cessity of a reform were directed particularly 10
that branch of the law which relates to proceed
ings in courts of justice, they apply with equal
force to the whole body of laws by which this
District is governed. The whole requires re-
vision, simpliication, codification. The PEG
pile desire some reasonable facilities for ascer-
tanning what the laws are. They can hardly
be expected to know by instinct. Let the con-
fused mass Of statutes be thoroughly sifted,
and the worthless and obsolete thrown away.
Let the $ unwritten laval of it that is
worth preserving-be made written law. II
some portion of it must necessarily remain
wrapped up in the breasts of the judges" let
1t be as small portion as possible. Let the
result thus obtained be submitted To the test Of
common sense, cleared of redundances, put into
Ineligible language arranged, indexed, printed,
and bound up in such shape that every citizen
may if he chooses have the volume on his shelf.
This is the kind of reform that we desire to
see, and we would have it extended to the en-
tire system of rights and remedies. Nothing
less than this will completely relieve us from
the delays and uncertainties and countless vex-
atoms, which are now felt as so grievous an
evil.
We publish below communication, which
we have received on this subject, giving par
tlcular account of the present state Of the laws
in this District, to which we have only in gen
eral terms referred
WAsHINGToN CITY, JAN. 4, 1851.
Mr.. EDITOR: approve the course of the Republic
on the SUBJECT of law REFORM in this District
heartily, that am anxious to see it persevered in
until practical result shall be obtained. would
be glad to aid in securing the favorable action of
Congress upon this subject, in any way i'll my
power.
My present purpose, however, is only to send
you the enclosed extract from letter recently adj
dressed to the President of the Reform Convention
of Maryland by member of the bar Of that State.
This will show the state of the laws in this Dis
trct and the necessity of their revision, because it
is entirely applicable to condition. He says:
''Let inquire whether the laws of Maryland
tually in force are many thousands, beginning in
May, 1892 and ending in March, lS49- period of
one hundred and fifty seven years-and fill nearly
fifty volumes. Now, il these statutes were the
very best at the time they were enacted, drawn
with the utmost skill in language and construc-
ton, and based upon the wisest policy, they
would now, owing to the change in the interests
of the times, stand in need not only of being re-
duced. consolidated, arranged, and systematised,
but of great amendment. But, when consider
how defective and unwise many of these laws
were at the time they were enacted, how impe-
rative ID the demand for their revision These
statutes have been prepared by many individuals
through series OF l57 years; and those Of the
same session of the Legislature by different indi-
viduals having no communication with each other,
and consequently without any comparison of the
different statutes; hence often the most manifest
Inconsistencies between their provisions; and often
prepared by persons entirely ignorant of previous
statutes as well as of the common law; and fire.
quently, each one preparing bill had some object
OF his own to accomplish, and the bills framed
with that view; then after the bills submitted
to the Legislature, they were altered here and there
and sometimes provision slipped in, until the bill,
bad as it was at first. is at last ten times
Now can it be that Legislation like this for more
than a century and half does not need revision?
IL may be said that acts of amendment have from
time to time been passed. But this only makes
the more confused and often too these acts
of amendment change what is right and leave what
Is wrong. Few have walked amidst this chaos of
legislation more than have. l. therefore, conf
bar every where, to bear testimony to the confusion
in which the statute law of Maryland now is And
this confusion Is not its only vice. Sometimes the
statutes on one entire subject entirely ineffectu
al in remedying the evil which they are intended
to repress"
As to the mode in which this desirable result is to
be obtained, there ought to be difference of opn-
ion among those familiar with the history of the
improvements and deliberations which have else
where taken place in the law.
The revision must necessarily be the work of
commission. Upon this point the letter from which
the above extract is taken says
"a legislature though the best possible means for
giving expression, from time time, to the will of
the people as to what they wish be their rule of
conduct ON the various subjects OF legislation, is
yet either Of itself, or by committees, utterly in
competent to the task OF revision and amendment,
or eN en- OF acting upon digest after it has been
made Lord Broughan, in letter last year to Sir
James Grahame, on the subject of law reform, says:
There can be no doubt whatever that digest must
be the work of expert artists in whom the Legisla-
ture places we'll grounded confidcncc-n the work
of the two houses themselves, who are about as i'll
contrived for revising the work of those artists
Justnan was for revising the work of Tribonian
and his learned associates, who framed the digest
OF the Roman law
"When | presented my first bill digesting the
criminal law, Lord Lyndhurst at once said: 'As
this Is digest, nothing can be done with it in
Parliament; we wholly incapable of revision in
such matter; therefore let us, for security sake
refer it to another commission to revise and i'm
prove it, The differ ent States of our Union who
have digested their laws, have acted in accordance
with this opinion of Lord Lyndhurst II may
therefore be considered proved by experience to
be the best mode Of dgesting the law"
And this is the conclusion of the Judiciary Com
mittee of the Senate. In their report of last session.
No. lS5, the committee truly state the necessity of
revision of the laws in force in the District and
they have reported to the Senate the proper mea-
sure to effect the desired result. They say:
"The great body of the statutes in force in this
District arc the old laws of Maryland, passed prior
to the cession, and many of them nearly century
before that event. The legislation of Congress has
not been directed by any system whatever, but has
been irregular and impusive, striking at some
special point without regard to collateral conse-
quences. Your committee OF opinion that no |
Judicious or useful attempt at reform can be made
without the aid of persons learned in the actual
state of the law in all its details Feeling convinced
that revision and amendment of the laws of the |
District generally are due to the people to whom
Congress stands in loco PARENTS, they report here
with joint resolution making provision therefor |
Let the people of the District, and the press of |