The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1857-09-11
REVISION OF THE NATIONAL LAWS.

NS"i usc' OF WIN 80 uSposes OF them, aitet enact
ment, as TO leave them inaccessible to those upon
whom they are TO operate is negligent Of duty and
unworthy Of confidence and support. In our judg-
ment, he who voluntarily continues such a state of
things is but little less responsible 1t is now sixty
eight years since Congress commenced its legisla-
ton IL has since made annual additions TO the body
of statute laws. We have seven large finely printed
volumes of public laws, and have commenced upon
the eighth, nearly the whole of which is couched in
the most loose and careless language, not readily
understood by the bench and bar whose lives
devoted to constituting statutes and calculating legal
principles. Many portions of these statutes in
comprehensive to nearly everybody else Some of
them ars enacted, in part at least by reference to
and adopting other laws and others are repealed
by repugnance, implication, subsequent inconsst-
ent ctnents. Old laws are often revived by re-
pealing those Of later date. To find what is in
force and what is not, often requires the mosspro-
found study and investigation, which few, even of
the bar, have time to make. Add to this they are
widely scattered and almost inaccessible TO those
who are bound to know and obey them. Except
those relating to post Offices and the collection of
at ports of entry, the national statutes
sealed book to most of the people. The scattered
and confused condition of these laws, as found in
the edition patronzed by Congress-, and distributed
to our public officers, renders them trying puzzle
to our ables lawyers and wisest judges, and Stun
bling-b to the executive and administrative
branches of the government. These are reasons
laws. But there others equally important and
controlling. Most Of our statutes We're framed with
out the advantage of familiar and approved prece-
dents. Our mail system was substantially new and
untried, while our land laws wholly so, and I'M
ike those of any other nation Although of the
English modes of proceedings in her courts
preserved in the Judiciary act still it was mainly
new, and of the powers it expressly conferred
have been annulled by wellsettled judicial nerpre-
tstion by our highest tribunal. Our system Of
patents and copyrights raised upon founda-
ton essentially different from any then existing. Our
navigation statutes, though somewhat resembling the
English, contained many features, some of which
proved at an early day lily adapted to the purposes
intended. The laws for collecting from
toms, although essentially modelled upon the English
precedens, contained new and untred features. The
great executive departments constructed almost
wholly anew. The jurisdiction of the courts, and the
duties assigned to numerous public fnctonaries
were almost without precedent. Our Indian rela-
tons, well as our pension system, are pccu-
liar to our own country. State governments
with exclusive control of nearly every local mat
ter, and national one exercising few powers
for the common purposes of all, was a novelty
among human institutions, and occasioned numerous
new enactments Most of the laws referred to have
been altered, and many of them frequently amended
with the hope Of curing original defects, and
others to adapt them to our magic growth, and the
changes which the progress of the world and its va
rying business have demanded. Some branches Of
the public service, from triaing beginning, have
become very large and unwieldy The laws regula-
ting them have been much amended that they re-
semble large edifce, consisting of numerous addi-
tons, resting upon small base With all the amend
ments and alterations made in a period of almost
seventy years, it is quite apparent that this of
statute machinery is not well adapted to the present
wants of the people. 1t is cumbersome wanting
many changes to render its working harmonious and
ness Much of it is old, cumbersome, and useless,
ana snOud DC removed, anu llS place Suppned with
what is suited to tho improved condition of the
country There are thousands of pages of our print
cd statutes that wholly useless and mere
stumbling block to tho inexperienced and should
be swept away. Some new provisions ought to be
added to produce simplicity i'll the management of
public business. Every line of useful statute law
can be brought into one reasonable-sized volume.
Instances can be found where thirty pages can be
brought into ten lines, and be made clear and GER
tain, instead of remaining obscure and confused.
There more than hundred provisions prescribing
oaths sufficiently varied to make them difficult to
draw, while every oath necessary need not occupy
twelve lines. The alterations contemplated need not
extend to those useful laws whose meaning has been
settled by the Judiciary the approved practice of
the government. We can prune and graft without
destroying the tree. The States have done so TO
their own great advantage. The great error of the
federal laws is they seek govern too much rather
than wisely and we'll Congress possesses the power
to correct the evils which we have pointed out, and
to secure the nation a body of improved and useful
laws, which will prove blessing to the people, as
well convenient to those who practically admins
ter them. When prepared they should be as widely
spread any document printed by order of Congress-
80 that all who bound by their provisions can
have ready access to them. No document can be