New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-01-08

the northern counties, with view 20 pianA ,V a
and other facilities Of access. 10 is oeie'eu '~'
by improving the means OF communicative, SO III
isrss tracts might be brought into market and SOFA
sor sctnal cultivation. The settlement ana I'm
movement of these remote forests is matter 0,
mich M bic Importance, and should De encou' @3oI
Inv liberal policy. The land should be dis'ueu
into convenient farms, and offered to actual SCI.
tiers for small prices, intended only 70
tbe Treasury for actual expenditures. however
desirable il may be deemed, under monarcncn
sovsrnments. 10 have the National domain held
5v few IL ia important in Republic thaL "
should be divided as far sspracticable, among tue
many. ...L Ia. Tsgisla
Resolutions were adopted by the last Legs.a,
INV. with signal unanimity, in favor OF opening
- Dnblic lands of the Union, without price, 70
IandIess settlers Those resolutions, IN their gen
eral scope and purpose have my nearly conCui,
renee Some of the evils resulting from laFee
landed Accommodations, and especially from eAseu'
sive leasehod estates, have oeen Iuly reaNeu ~
.b;s State Our new Constitution has wisely
aboEsLed Endal .enures, and prohibited the future
crestioD of perpetual leases. Contracts OF TINS
no,nrc made M an anterior period, IN harmony
with laws then existing, have been ana mus &c
respected in all our legislation: II can haruIy DC
doubted that the occupation OF the large Mauols
in ,bis section of the State, under the system Oh
rarnetnsl leases adopted in the early settlement
IF the country, has been highly detrimental to tne
interests of both proprietors and tenants ior some
years past. ,:....: -o.;s,oDca Of
law, irregular combinations ana popular uis0on.
tent in its most repulsve form, have checked our
nrogress and disfgured our public history. con
sider IL of much Importance that THESE evils
.bonId he remedied by Just and liberal arrange
ments. which shall respect the rights ana ProlnoIe
the true welfare Of both parties The PerPeIue'
ton OF leasehold estates, embracing lsrse ayr,
cpltural populatiOn, is repugnant TO our natiohai
policy and 10 the liberal spirit OF our institutions.
it is a kind of tenure which has become odious
70 tenants exceedingly announcement ana eA-
nepsive TO landlords, and every way adverse 10
the interests of both The manly independence
which belongs to the character oil an A"leIlcan
citizen demands the absolute control and owner
shin in fee of the soil, improved aud cultivated Oy
bis labor and on which he is to spend his lie ana
rear his children. Experience has SHOWN that
Ieosebold estates are peculiarly untavora0le TO
the development of the country and the progress
Of the people in Improvement and enterprise
tits TO be hoped that such liberal terms Oh SAFE
will be offered by landlords and accepted by ten
ants as shall soon put an end to tenure WINCH
opgbt no longer to be desired by either. IL IS
worthy of your consideration whether TINS deSIr
able result may not be promoted by the Irlenuy
mediation of the State, on principles having tue
free assent and voluntary concurrence OF ootu pro-
prietors and occupants. A purchase oil the ma
mortal titles by the State, and resale to the
tenants on equitable terms, would be preleraole
IN the present state of things All remedies IN
consistent with those rights OF property and the
obligation Of contracts which are secured ny Jaw,
| and which government is bound TO lDiorce, must
| be delusive and mpracticabe. The sanctlsy oI
| private rights and the supremacy oil the law must
| be maintained under all circumstances. CONSIST
| emily with these principles, when nolu 70 DC
pursro-.t @.d iaviolablo, baliava At Is practlca
bic to terminate the evils complained oil, provided
the parties to be affected will adopt rational
view of their own interests, and cooperate In an
equitable and enlightened system OF adjustment
The condition of our statute laws will require
your most serious consideration. AT present
great uncertainty exists and great difficulty ire
0uently arises in ascertaining what Is the law
upon many questions relating to the rights and
interests of our citizens, and to the duties and
powers Of public officers. This dlitculty Is most
severely felt in the Interpretation OF the statutes
| relating TO the administration of Justice. The
Revised Statutes are partially in operation the
Judiciary acts Of ls47 and lS4o, with the suisse
duent amendments to them, are also In operation
to some extent, and the Code OF Practice effects
changes not only in remedies but IN rights, soms'
times abrOgating previous amendments wholly
sometimes modifying them and often introducing
provisions which limit or qualify their operation.
That Code was not complete ystem in itself,
but assumed the existence OF extensive legal
principles and of knowledge of the practice and
pleadngs prevalent when it was adopted 1t
a series of amendments to the existing law,
often upon rights so far they were affected by
the remedy. IL was, therefore, circumscribed
and partial in that class OF cases. The Commits
sioners doubtless considered it beyond the limits
of their authority to make general and compre-
hensive provisions in respect to the rights thus
affected. The vast and alarming increase OF llti-
cation which seems to overwhelm some OF the
Courts, and threatens to obstruct the administra-
ton of justice, particularly in the Court OF last
resort, has doubtless arisen in some degree from
this uncertainty.
NV acquaintance with the practical operations Of
the new provisions referred TO does not qualify me
to pronounce upon their merits, nor do feel com.
petent to Judge how fsr the complete Code otPrac-
tice reported by the Commits sOners is calcuatedt 10
remedy the evils UNDER consideration. But it is
evident thatour system of laws cannot be complete
until an entire harmony is produced between the
principles introduced by the code of practice aud
our general statutes. They must in some way be
adapted to each other This was probably intended
be effected by that provision of the Constitution
which required the appointment Of Commissioners
to reduce all the laws Of the State to a system
The considerations have already suggested rem.
der this duty Of pressing Importance.
The prompt organization of such Board would
relieve the Legislature from applications for par
tial and imperfect amendments, and If we should
not obtain a complete body of the whole law, such
as was contemplated by some at the adoption Of
the Constitution, we may at least hope for a reyi
sion and condensation Of our statutes 1.-THE last
Legislature adjourned without acting on the final
report Of the Commissioners on Practice ami
Pleading. 1t will be your duty to take such
ton as will ensure deliberate examination aud
thorough analysis Of this new code Of civil proce-
dure, with a view to it's adoption, in such form as
may receive your sanction, at the earliest practi-
cable period.
1 am of opinion that the multiplication of suits
IN the Supreme Court, which produces serious de-
lays in the course of justice, would be essentially
mi he by IN fba
more extended civil jurisdiction. AS the County
Judge is required to hold Courts of General SEES
sons for criminal business, at which Juries are ne.
cessarily in attendance, the public convenience
would be greatly promoted by comforting iuris
dlction In ordinary civil cases Serious doubts
L. -. - IL L.