Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1855-09-04
LAW

We publish below II communication from Taylor.
an original thinker by the way, who comes to the re-
lief of our legul friends, and would at once stop the
publication of all future law reports. That this wo'lld
he regarded by cen,lemrn NJ the profession as u God
lend, We have no doubt; provided they could get along
without these reports. But we are afraid this will nev-
er be the rnse. The variety and completely OF novel
cases, daily arising before our courts. call for all the
learning aud experience which our judges can hriug
to the discharge of their judicial functions; and these
must be guided. as far MS possible, by what has nj
ready bucn established in the courts, in order to pro-
mote amy uniformity among the decisions. If this
uniformity be desired, it can only be secured by re-
ports of the cases already determined OF determining.
This reason first prompted the publication OF these
reports, aud, the reason always existing, tho report.
must continue 10 he published, until the history Of
eartlf's drama shall he closed. A law which is no;
certain is no law; and ii decisions are IL be governed
by the length Of the Chanccllor's foot i'll every case.
wi,luu. regard to what has been decided before, and
wi;hou, even the responsibility to puhlicand profession
al opinion which Il publication OF the reports secures,
we should have, indeed, the Shadow of Justice with
ou: It's substance.
We are not quite CERTAIN that we understand fnlly
the uurpor; of the com nnnication OF our friend
Would he have ouriuiicia, sy.tcm abolished nl,oge-
ther, in order to save a conflict Of opinion between
the iudlcia! ani legislative departments Of the gov
e:nmeu,i This surely cauno; bo his purpose, ynt we
confess that sc .eo no way of Se,tin. rid OF his nb-
lection to the oxpoundins OF The law, unless indeed
ne converts tie Legislature into Il Judicial tribunal T."
determine the law III every conceivable case that may
criSu: and then, We fear, tho statutes of the STATE
wouli, perhaps, occupy "a much space rs the reports
do now. Would hs declare that the courts should
dispense Justice alone in the rases provided for by
s%tatutel Ii would be the opening of Pandoru's box,
without the power on the part OF any to furnish az
adequate remedy. Of the thousands OF cases daily
arising before the courts ar tho country, not a 1.-THE
Of them is determined 10y express legislation bo.
cause, the legislation of the country has simply oon-
fined itself 10 its proper province, the regulation OF
general mischict> and the providing OF general reno
dies, rather than undertaken tho knight-errant task
of euactnG a law or n statute for every conceivable
case. If such a statute were framed, the earth itself,
in the language Of the Evangelist, would not DC able
TO contain it. And who, Of earthly legislators, would
be competent to the task Of framing such a law'
The fact is, there is IN cvil-a very great and
pressing cvil-connected with the multiplication Of
volumes in the law libraries. The legal profession
feel it, and would gladly avail Themselves of any
door of relief opened to them. But they have wisely
concluded. that the present system of keeping them
advised Of the latest decisions of the courts, while i;
laoors under great disadvantages, is ms a whole, the
only practicable plan by which themselves and tho
puoic may DO informed of what the law is. They
nave 10 object, and do object, that the reports Of
cases are too volunimous, but this is to be attributed,
II, ) o mueH TO the reporters as to the judiciary. y
Jua'c'a' decision should be brief, terse, and TO tho
po'nt-should simply decide what is material 10 the
cause-and if all our judges possessed the profound
learning and accurate Judgment Of sone Of ,bos,
who have sat upon our Supreme Bench. md j. o,,,or
courts, we should find jus, this STYLE ad,n,od i, n.a
n%ouncing their judgments.
For The Eagaiyc-.
LAW REPORTS.
This is a subject Of practical aud pressing impor.
lance. In the last fifty years the number Of Law books.
REPORTS aud Commentaries, has more than doubled,
The completely, the intricscy. the difficulty and the