The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-01-29
ALBANY, Jan. Is, 1851.
The Code IN Danger.


The lawyers in the Legislature manifest deter.
mnation to reject large portion, if not the entire
report, made to the Legislature of 1850 by the
Commissioners on Practice and Pleadings While
the subject of referring it to committee was dis.
cussed in the Senate, on Thursday, the report was
attacked with much force and ferocity by Messrs.
Johnson, Mann, and Schoonmaker. The latter
gentleman referred TO Mr.. David Dudley Field,
personally, as ''pro wing about the Senate cham
ber," endeavoring to induce the Senate to appoint
a select committee to examine the report, and
invite his attendance during their sittings to ex-
plain and elucidate any passages which nigh
be considered obscure or unintelligible. Mr. S
quoted the following paragraph from Mr.. Field
pamphlet, distributed on the desks of Senators
and considered il piece Of lnsoence in Mr.. F. TO
ask an association with committee of the Legs.
lature.-
II was because Of sn un fortunate references made
early In the winter separate committees Ia the two
houses. and these the Committees on the Judiciary,
With some additional members in the Assembly, in.
stead OF Joint Select Committee, instructed to call
IN the aid Of the commissioners and sit from day to
day. Another sessicn, near at hand will bring the
completed codes forward again. May We not reason
ABLY nops TIA. they VII no longer be postponsa but
and pass them into laws
Dir 5. thought the Legislature could dispose of
the report without "canng IN the aid" OF the late
commissioner.
Senator Stanton, another lawyer, spoke upon
the subject, and also alluded TO the writings of
Mr.. Field, In the shape of "hve articles" which
had been distributed among the members. Mr.
). read the following extract; although bearing
heavily upon lawyers, he still felt willing 10 ac-
knowledge It's truth IN great measure. MI
Field says:--
II we are to wait till the majority of the legal pro-
fsssion become sversble to ali the changes made and
proposed. we may wait forever. Lawyers have never
been, and they will be- in favor Of any great
change In the Ia~ whsth-r that Law be Of Englsnd,
or France, or Sweden Norman, Roman, Gothic-it
sacred thing % the greater portion Of Its students
and prsctisers When change Is proposed they resist
IT, and their resistance has been in all ages and
tiles In proportion TO their power The Scotch lawyer
English lawyer resists the taking OF It away This
not owing 20 any sinister motive; IL Ia the fault OF
education and hspit. The French codes resisted
and delayed by such influences.
Laws the most burden.ome, the most unjust,
the mort inhuman, have found ready apologists and
defenders among that class Of lawyers always the most
numerous ana the most bssJ who study and reason
upon the psst alone, and vhose fundaments legal
maxim IL TO- that whatever 10 IL right And II 10 but
announcing an TO ssy that ali tn. rrsst
reforms In the Law which have been carried have
been carried with scarce an exception against the
professors Of the Law; and thus doubt not, IL viii
ever be.
Mr.. Stanton, although favorable to Law reform
in general, TO the notifications introduced in the
report he expressed himself averse to that portion
relating to the rule OF evidence.
There are eight lawyers IN the Senate-one quar-
ter OF the entire bodyand from present Indications,
they will make a strong and united effort to pre-
vent legalisng the report. IL was stated, dunng
the debate, that the commissions had exceeded the
power conferred upon them, and rauscended the
authority granted by the constitution, ia empting
TO reform the practice IN crm 1al proceedings, and
IN interfering with the long established rules Of
evidence. Notwithstanding the opposition OF the
legal Senators, the report was referred to jemt
committee Of both houses, the members on the
part Of the Senate being Messrs. Mann. Stanton,
and Geddes--the Nv o former whole lawyers, and
the latter "half a lawyer" az remarked by Senator
Stanton.
This morning the resolution for a joint committee
wac ken up IN the House and discussed tor hour;
but thsre was not that ferocify displayed against
the code by the LAYERS there that there was by them
IN the Senate. After several speeches from the
rural" lawyers, upon the propriety OF reference
TO con mittee Of both houses, Mr.. Thompson,
from the CITY, ended the debate BY stating lbat the
"profession were eager for necessary amendments
to the existing code, (meaniag that part lega-
lzed in 1879 code which, In his opinion, mysu-
ies, rather tn an simplites, pracuce." The Sena-
tors resolution was then agree a TO, and a commit
tee of FIVE members Of the House will be announced
by the Speaker, on Monday morning, to meet the
senate committee in overhaulipg the report 81 the
on Practice and Pleadings, made
10 the Legislature Of 1850 II is certain that this
report viii not be adopted rcni ron az VAS thar
sent ints the legislature IN 1918 The lawyers
will resist lite adoption with all their combined
nouer