New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-01-16
ui,h its sxed form, ts great diversity Of actiOns

nth go exeA farms its great diversity Of actions,
its lopg series of peadings, It's renned technlcai
lies lis assessors but 10 Iarles, It's written tesA
naony and its narrow rules oil evidence, IS as 1n-
IN = ,he code proposed for adoption here, as the
Goyer, poent of Justinian was unlike our own
Indeed there is scarce feature common to the
civil law and our code, except that in both, the
headings are required 10 state the facts Of the
case rather than fctions.
Having answered those objections, It remains
row 10 give some Of the more prominent reasons
why it is for the interest Of the state tnat tne
proposed codes should be passed.
First. II is important, not 70 say Indispensable,
that the different portions OF our remedial law
should be assimilated to each other. w have
now. portions Of the code already enacted, and we
have the old law is respect 20 the SUB ects hoI
embraced in these portions. That OLD Ia" Is IN
ike toe new in its spirit and form; some oil It Is
difficult to find and of that which is accessible,
it is not always easy 10 say how much Is repeal
ed because Of its repugnsnce to the new Is i,
not better for all-for those who practice, and
those who are clients-thst the parts should agree
in purpose, be consistent in language: ana DC
brought together, that no room be lett TOT DOUBT
as 20 what is repealed and what retained, rather
than that we would continue TO have our present
complex body of law, partly written, and party
unwritten scattered in many quarters, haId 70
find, and harder 10 reconcile
Second. The enactment of the whole IS lmpor-
tant, because it will put into the hands OF tne
people q complete code OF remedial law. Oh
many Of the subjects embraced IN this, the IA" IS
now scattered through various treatlses and DOCKS
of reports hardly accessible 10 lawyers, unless
thew have considerable Libraries, and quite mac
cessible 10 the people. 1t can hardly be ques-
ton, that this law should be placed IN the most
convenient form, and made accessible TO all IN
deed | would go so far as to publish 1t IN cheap
volume. and distribute il through every scnooi
district In the State. In no other way can the
people be made acquainted with the laws under
which they live, and, what is hardly an INFERIOR
consideration in this Republican land, know NO"
70 hold their officers responsible, and "heh 70
amend their laws.
The question here is vital, and goes much further
than the disposition Of the work before us and
that is, whether we shall have at all code oil the
unwritten law. The opposition OF the greater
number of the legal profession to the code ALREADY
enacted as well as 10 that which IS proposed 10
be enacted, arises, ! am persuaded, for the most
mart. from their deeprooted hostility to a written
code. From education and force oil habit they
oppose now, and they will always oppose the en-,
actment Of any body Of law which VIII collect and
settle the rules now floating about IN rnutltudln-
Gus books and the uncertain atmosphere OF courts,
and which shall convert the judges from the
makers into the interpreters OF laws.
The people of this State have determined, ana
in their fundamental law have declared, that they
will have q complete code Of all their aw, and
however ii may be delayed, it cannot be pre-
vented. A portion of that CODE very important
and the most required portion, is here presented
to them; let the passage Of this be made test
question and if the people succeed, as douot
not they will, let the compilation of the rest be
placed in the hands of its friends, and carried
forward as rapidly as the nature of the work VIII
allow. D. D. T.