New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-07-18

vassel.
The law of fuds originally technical and complex,
became more complicated aud artificial under the in
fuefco Of the schoomen and though al the epoch OF
our Revolution il had become soened in some OF It's
hasbesi features il still The most arbitrary ana
ne ~ GOOD resI propsrty Ia. always distinction
among and although innovations have -en made upon
st,rutes much Of its .ubety I'll dnss to sad il d'ne-
ton the Of the Profession seems scarce 20 nave
sned Why should CONTINUE It would ps ha-I - - h1
there nothing In the nature Of real properly "nn poun
ske - isw especaiy curious eAo .-.sr,~ed ~
a. elaborate document full Of quaint and sound az phrase
- ~. ts vh;- ,oc, Of he value OF hundred thou'nd
Sar, h transferred from person to snotosr ~ the sim
Per o. SS es Be- wss 1fhss Be nothing ia the nature
here tied. Of property which T,aare ta ansses n
respect Of them and that there IL no real cause FOR our
distinctions between the law Of real and the law Of personal
popeTty proved by the example Only Of the civil .w
tut Of tie Of France and other nations Of continental Eu
EsS s sS% o.. ?. se 9 9es dfrsa abSs i y 'S
companion wi he ponderous 10 which law on the
subject lies buried the dgests old aud new the CLOSES
and the texts and the DutudinOns reports
suppose or .xsmp, were to be enacted that ~ res. e.
should be deemed Jaw TO be ehstes real would any 10
uors eonse9ssness epue An p none how dsjfaoe n 81
ttsnt oned Wnst nuphceion Of tues produced Instead
& freeing desceps by the uncertain evidence o. ped
regaydo he language oflgal document al immense i'm
pfoyemsnt possible UIcouh phTaseology repetition snd
rejoice the yerboy, The barbsrous Latin and
the Morn French ave way TO the simplicity Of undehsd In
tou In write rothns but EnEish aud
the other write little Of thai possible never usos two
reurr from The consideration q these maor re-
form Of ell tle eabishaenf Of rft
Ten and y.fenahe Of the the body ef tse lao Of f
STATE" And first LET me explain how the matter stands at
present ,,,,c
time that the commission enoined by the Con
siution was ceaied ior me PuTppse o framing sen-a
By he Constitution created for the framing Of code OF
remedies The FORM commission dissolved with 1ut re-
pciIg CODE The lat e framed and reported to the Legs
lttue, codes Of q ard criminal procedure;
sven hrsr eh Of the law were cOdhed would naturally
be in FIVE different parts codes hat stO M
CO. embracing al thu laws relating to government apd Off
cases. code o. criminal procedure, or remedies ia criminal
Of private rights and obi cations and code OF
crimes and puBshmeafs The ft three already prepared
The political couesl Gods orally with the first part OF the
Revised Statutes OF the codes Of CIVIL Terminal procedure
docs become speak, uIthr than to say tht
th no 4. rrernred are what ne ciyens call cl code or
COO Of prvate ghs dues and pena code code IF
end punsInents. Tie lster is thu point Of being
is in regard civil that the question open.
The prudees ths prevail this subject among the
br Of the profession both Oh the bench and al h7 bar are
well known, would not disguise the mpedinent which
thee pieu6ices But have greaer preudces
Ss spread If truth feel ecnfden that lks day Is near when
we ' r a n ne, five beeTes in the pac
cabty expedeIcy Of ciy code bn not one 10 nun
ee and equitable relief in the action by uniform
mode Of pr0eeedDg but who this state doubts or
may add that twenty here England, years
s ssg ousb the most Bar IL now
e one @sn pronounce. 10 s iayG5 ana the ola u. OF eA0
How thu Establishment Of code should have heen 50 long
problem with curious subject VI speculation Tor Certainly
al instincts Of Iepubicanm are in is favor One IF the
dtncon c scheme Of Government is the w ten Consii
tuition. written law rests upon the sme principle In ao'
rachca or e'isioeano GoYene nis YOU'D not be 50 ssh
be wondered at that class should sTrogae 20 Itself the
know edge ana nterttton # laws bat mat tins should nap
pen ReIuthcwheI al the etIeus DOh eg' ate ana 9y
Is Of those anomalies which however susceptible OF ex
Ilanaiiou. fret sight incredible
l. civil code Iactic-bie, and, if practicable, expeden
These qu sops p the whole and should be answered
circle from the other II you tbs OBJECTION that
the code Is npIsc able then told tha though might
proving the expedeney not unlikely you will hear again that
though eIpeoient, 1t is not practicable show first that he
vork ia practicable On that being me let your edve
escape the position the whole ques ion has been mar,
RIVED to the point IF eHpedsncy and that tho decision OF
How ihcn stands the question Of paetieabTyl Is civil
code practicable The best answer 70 tins question should
to he the sci that civil codes have been estabihsd in
nearly Oh The OF the world from the time of the Lower
ng er, at 4 legislation Romans GImans Freeeh
l,ans7 The doubt snpp'ses eihsr that oar ae
inferior abilities would be resented national sult aud
who that knows anything of it, believes that Roman French or
Itsan easier express sxp ain than oNgn And
he who does believe should consistency srishtway
lean and a. faeie " express as these foreign laws
lift were essential code that should contain
SHY the objection might have orcei bat
Ieison hods any such idea. We know that new reons vii
lave be made The plan Of code does NJ
provision io every future case m all inise umes c19eh
e new ones Tor all that IN MS wisdom disc
What is 10 come hereafter. Every existing rule OF law " IT.
ter m some book the Infinite in nunb aud abound
N cortr dcons ard snoma les To have code . have
orced the doubts settled the bad laws eliminated aud the
IN one book for the instruction and guidance Of
ciiiren eua magistrate, lawyer and eli 1t
This brings 70 the remaining "a sion OF expsdi4ncy Is
better have written o upwiHen laws law cOieeed 10 on
book scattered through thosahli one sscn o"oE'u
with where the parts be seen 10 heu relation 10 the
whole d,ined pieces flaw collected from different lac
there se two obe ,ons which only that
10 lie lot forth will an, appearance OF Inc
see over written CODE that the former is more pable am
cor be extended and ded 20 correspond with changing and
expanding ocia state This ia'ofie agueht Da' con
ceiye b. altogether Hlaoious IL assun Two tn'nss
NEITHER hch huo inst ha law more lex bic became
uuwen second that eN bty law Is exc euee aw
rule Of seton tha' the role got nx d ina heMse
con mon auho dec art "A Of aa
exiting le if be really ID g. then the Ju0ses instead
law then by the Judges aud Of c'ur.s Is NJ
flexible in their nd than statute would BE- lex ee
ae7 Ii there he tor the 20 icy ~ searaing the
oiaertnt Gepartmen Il government the Judges should
nor be permitted 90 make laws tho Legislature admin
er them Al experience has shown h4 confusion IL iune'
uus ads confusion in government Judges are not the
,yisest ie daos eny than legislators the wesi
Jsdges And otherwise there is nis difference be-
tn two e. Of eeaion that legislation by Legs.
ature before IL executed while legislation by
after the fact aud necessarily suPP'se party
be the victim 81 rule unknown until sfe the tansae'on
which calls 10 forth.
II they need to be ohsnst toe Legislature - ne proper se
The the chang. And before al her rs
tons ours is e one by which Ibis rue should oe nneA oy o
forced, fl m,rv than oh rs we nold 70 h- entire
udep ndeuoe Of the different departments q COVE
40 that shall eucroach Spon che other and tue u
hb be independent Oft executive the executive OF the ia
dietary. AID 'he ,giss,re OF both ....,s a, ,v,n,a
ooa overloaded with soes and eommens uoen the tex
numerous aud aetoTy as ne cases upon the
prove the process d cod6caon mus be TePes e at Ger
tain intervals an eeon Of 10 great force espeay - II
aesuues that Until accumulation Of so.ss and comment
% os be- closes ,nd comsnts Of sosr.e but