New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-05-17


We ash nothing more.
The people of the State of New York are already
in possession of Draft of Codes Of Civil and
Criminal Procedure, proposed by Commissioners
appointed for that purpose, and presented to the
Legislature as early as 1850 We have now to no
tee the foundation stone, so to speak, of much
more extensive legal structure, being nothing less
than complete cOdfcation Of that body of SUBJ
stantve law to which methods of proceeding are only
an accessory-that body of law which regulates the
acquisition, possession and transfer of property, and
which prescrbes for US the rules of life and conduct
whether as citizens or individuals.
The initiatory step in this very important work
of codifcaton was taken in an act of the Legisa.
ture of 1857, by which David Dudley Field, Will
lam Curtis NOyes, and Alexander W. Bradford
were constituted Commissioners for this purpose
an appointment which those gentlemen must have
accepted in pure spirit of patriotic and profess
sional devotion, since the act expressly pro-
vides that they shall receive compensation
whatever fer their services. This act further re-
quires these codifers to divide their work into
three portions-a Political Code, Civil Code, and
a Penal Code-aDd to report to the next Legisla-
ture general analysis of these Codes and the prog
ress made in their preparation,-a similar report
as to progress to be made annually until the work
shall be completed, or till the five years to which
the Commission is limited shall expire.
The act further authorizes the Commissioners, so
fast any part of their first draft is completed
to cause it to be printed at the public expense, for
the purpose of distribution among the Judges and
other competent persons for examination, criticism
and the suggestion of changes. We have now be-
fore Us the first report to the Legislature made
under the above provisions. This report includes
preliminary statement and general analysis of the
whole of the three codes which the Commissioners
have in preparation. OF the civil code, which con-
stitutes, indeed by far the most serious and for
midable part Of the undertaking, only small part
has yet been written out; but the political and
penal codes are stated to be already so far advanced
that the Commissioners expect to lay them before
the next Legislature We conclude from this
that the first drafts have already been printed
and distributed, since the act requires revision,
reprint and Observation-Disclosures latter to precede
by six months the presentation of the codes to the
Legislature. The present document, however,
includes no finished part of these codes, giving
of them, as of the proposed civil code, only
general analysis, skeleton, or table of contents.
From the short but comprehensive preliminary
statement prefxed by the Commissioners to this
ANALYSIS il is evident that they have made the work
they have in hand the subject of deep reflection and
that they are not less impressed with the serious
character of the undertaking than they are with the
pressing necessity for it. Of that necessity, re-
Aectipg and well.informed person can entertain
doubt. The condition of the law Is worse, the
elements of which it is composed are more ncon'
eruous. and the interminglng of dead and dying
with vital and growing principles is more embar-
raising. than was the case either with the Roman
law under Justinian, or the French law under Bona
parte; and code, even though executed with but
moderate ability, could scarcely fail to assure us
mspy of the advantages which the Roman and
French codes, with all their defects have con-
ferred and still confer upon the countries subject to
them. In the revision and consolidation which
they have undertaken, the Commissioners have two
great purposes in view, not merely the reduction
of existing laws into q more accessible form, re-
solving doubts, disposing of vexed questions and
polishing useless distinctions, bat the introduction
lso of such changes as shall seem to be sane
toned BY reason, and especially BY experience,
whether in this country or elsewhere.
In this latter branch of their undertaking they
propose, however, to proceed with great delicacy
and caution. Law, they admit, is and must be the
Growth of time and circumstances. They are far
from proposing system of jurisprudence like that
projected by Bentham founded upon mere general
principles with little or no reference to national
characteristics, traditions and ussges. At the same
time, the vast changes which society has undergone
within the last century not only require the oblit
Grafton from our law of msny things which have
become obsolete. and of others which have become
unsuitable ard announcement, but the occasional in
PRODUCTION also of new rules better adapted to an
advanced civilization, and better in accordance
with prevailing IDEAS and opinions. Our own
Revised Statutes and the law as held at present BY
our Courts must form the basis Of the work; but
there seems DO reason why jurisprudence should
not share with other sciences and other arts the
benefits Of that rapid INSTRUMENTATION By means