New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-03-11

ossis Of our laws II saycs more Of the fantasies
Pfsnt scn a. ire French, VITO s-e ready TO sscihos
,htfattia rights to speccus theory and have no
scs. - ,h ,eI.e ssq1eeNenoe and la.les In
mn Aole conservative, aud q. ire sane time moc,
!yf CS Tinsiiye OF what requires an. pdna.ns A
Iocs Cs'e ns+ indeed occasionally appeared vho has
P!oPtstO 20 dfNs TIE c0mm0rN e1lfk arS ~, AZ ~
SET a Feo n'rsp,N1" But in all the chsrc.. a. -
In In esId ara hey ave been CREST relief from 80 -
.peeiile stu'e has sSa, been sought and no relor,s
We rave started with a sl tenn OF laws mo,s.s n.
he experience Of many cent.ies and Rave wisi,
sdspsd that sy stem, With iudic,us modi6c atoms L.
our n. cirCur stance. SO far ssye not hay,rdaI
much bv rssh experiments ard tsoush there vyjl Se
slr avs reed Of wsoh.u legislation il cannot be sad
that we ere suffering from any deficiency in our laws.
ora ant @! adsptecress 10 the public welfare.
Tie crly prtcicus srgumert sgsinst the present
TEN is ~ v.t multiplication of Reports, IN which 70
c,r'siped vhst s Improperly called the "vnr,ifte~
ar in Obstruction tnom Re srf'fes or statute law.
This sssumes that the prisciples settled by
Judicial cecisiors we're converted into etstrte Law Al
resor' 10 ltse decisions would be superseded. but this
IL fsllscy; TIE existing authorities would eth be
Tened 10 for the purpose Of Illustration, and we shcad
have, in addition; eOur tltss decisions upon the con-
Ell uc'iop offhe phr'seoogy Of the statute lsr Ills
statutes have prolific Of udicisi di.cussios
than the common law, and What wore. there 70 iAr
less certainty In respect 20 tho former than the latter
Lcrd Coke when Chief Justice of the Kings Bench.
bavir BEEN reQpred 10 give An opinion suddenly re-
I" a
Il bic should not BE- able 10 make answer st once;
Z" hot if il be matter of statute Law, God forbid I
,hould."
Bacon who was the rival of Coke in legal leaning.
but far surpassed him in that wisdom Which is~yes
seldom are tndowed-wih, viz: scomprehension Of the
sdsptejpess Ct The lsw 10 public and percep-
ficn Ct efec's requiring legislative remedy VS. dscd
eoly Cpl osed rem, delpg of the laws N ssatuory
fcrT. He did however. propose plsn for amending
The laws wherein il exhibited the same ssgacity and
forecast that are go SIMILAR to in his Philosophical
writrRs. In all science, be says they are the
" soundsst that keep close 10 particulars; and sure
am that here are doubts which arise upon our
statutes, which are text law, than upon the COM
" mon law
ore Of bis suggs s,icus was that q objected sereS
Of the rpCr's sboud be made, under the supervisors
of detplyiesd lawyers. in which should be omitted all
which Rad been clearly ruled rot to be law cases
which bed been much debated and reported at gre1
length. hut Of which there no longer remained any
que stion TO lie shortly ftated without the argumens
fomoAtr ir or cases Of iteration, 10 be Omitted but
ann, or9 or cares Of contradiction. to be carefully
c,ls'ed ard noted.
L. s. Supreme Court reports Dallas Cranch ana
wheaton, but il was imperfectly executed later
attempt by Jucge Cults, including all the reports
Of that Court hss t.tn successful; but in all
enterprises Of ibis kind the combined judgment Of sev
tral il required No individual hiss the time or ability
TO grsp,e With large mass of judicial decisions, and
81 10 s'rsrge and eSpufgate them a. perfectly 70
reduce hen to consistency ard homogeueity.
Such hss been the accumulation ct Reports In tho
drert Sts,es that will be out of the power Of
sny Law or to avail hus self Of them. TIE remedy fur
TIE will be, not by co0iicatior-wbich have shown
will Let diminish the ev-but by q cigest Of the de-
cs.ns IN the msnp.r before suggested, for the COM
psiiou of which the best professional talent OF tho
country oreit 10 be Gale In aid The practice which,
bss prevailed 10 a considerable exeat Of leaving to
be-, kfesrs TO get up dieeststhe effect Of which to
throw II into The haLds Of lawyers without business, and
therefore without experience, and even OF lawyers
cl.rk,-csnrot be too much condemned
utp
aus ict tons Il the gentlemen proposed a. Code Com
ui-sion.rs DIR Field will hardly have occasion IN
ayouch The tesmc NAL Of Willismstown College ~ he
IL known nc ore Of the codfers Of the Practices
but with s due respect should ssy that hss hbors Ia
II at flee have rot made good what should have
expected from his large proftsions eI Perence There
vss too uch OF thsory-too much fantasical nicely
abeut birgs If tAipg Importance, while in matters Of
mere come qrer CO. there was too great an abandon
merit Of oil The ussses Of the past
This moreover. will say-thst il II should be de-
cd.d 10 sppoint commissioners, there shosd be
Dsser plumber and csreal att nfion should beg iyeo W
combre every kind Of professional experience. IL he's
Re, felt sefious iDconye ptenco that tbc co"ms-
sior in practice comparatively te acquanfe9
with sections relating 10 real estate. In the moro ex
tsuded code low contemplated Il 10 obvious that stia
greater diversity Of ssional knowledge Will be re-
Gured and that the most serious evils would result
frc III deficiency in that respect. GRIhsroSs.
March !, 1887