Weekly American. [volume] (Washington, D.C.) 1858-1858, 1858-02-13
For the American


have been misapprehended by some of my
friends and acquaintance. In those commu-
nications, whilst | pointed out what con-
sidered defects in the new system of laws pre-
pared for this District suggested, and urged
the suggestion, that some measure should be
adopted whereby those who are in favor Of the
new Code, as whole, and yet desire scme
amendments to be made in it by Congress,
could unite their efforts TO obtain such smend-
ments Ii lgfil ~ Sfii3
The law under which the question Of adopt
ing or rejecting the new Code is submitted to
the people, makes no provision by which voters
on the question can express their wishes on
this point Of amendments, and hence the ne
cessity of resorting to some other measure than
an affirmative or negative vote, TO reach the
object suggested. No difficulty stands in the
way Of our representing to Congress that,
whilst we vote for the new Code, we desire
various amendments to be made in it, and the
only point of difficulty in the matter Is, TO
bring about some concert Of action to make
known our views to the Committees who may
have charge Of the Code in Congress. M
To arrest public attention to its defects, and
to procure some harmony of action on the
question of amending such defects, these and
not the defeat of the new Code were the pur-
poses had in view in my former communica-
tons. Ill health has prevented my following
up those communications Gas I had intended
with reasons and arguments in favor Of accept
ing tho new Code, and trusting to the good
sense Of the people and Of Congress for amend
ments therein, at the earliest practicable time;
but the crisis is now upon us--the vote must
be taken on the 18th instant, and lis only left
to me, as one Of the humblest advocates Of its
adoption, TO present in the briefest possible
space, and under circumstances not suspicious
to forcible expression of my opinions, the
reasons " hich, if / can reach the polls, will
govern my individual vote, in tauor Of the new
Code.
trust may not be charged with indelicacy
in adopting this mode Of giving my views on
the questions Involved, since the press and the
people have invited discussions thereof at pub
lie meetings, which temporary illness pre-
vents my attending. The questions involved
in these discussions interest every citizen of
Washington--the decision to be made on
Monday next, involves the rights, interests,
and prosperity Of all Of us, and each citizen
may properly feel and express deep concern
in the result. s s
With all Difference to those who have sought
only to find defects in the Code now presented
for the acceptance Of the people, it seems to
me, they have, one and all, kept out of view
the true question to be decided.
Does any man affirm that the new Code is
perfcctf that it contains no defectsi Is the
question now to be decided by the people this,
to wit: Hare the codJsers presented Us NTH
a perfect system Of lasos9 The directors to
the new Code, by their very objections, pre-
sent precisely such an issue, when the true
issue is this, viz: Is the present compilation
of plain, practical, common sense provisions
and regulations Tor is it not) preferable to
that uncertain, unknown, ahtiquated mass of
English law, found in the musty volumes Of
parliamentary Legislation and judicial construc-
ton, coming down to sixty years ago without
single modification during that whole time
Whilst all the world, "and the rest of man.
kind" have had the benefit Of that progress
and liberalization which have characterized all
christendom, (the District of Columbia ex-
copied, we here, if perchanee we can, by dint
of patient industry for days and weeks, find
out what the law really is, on any intricate
and seldom mooted point must bring into
Court, a cirt-load Of moth-eaten, black-letter
volumes, an hundred years old, to maintain an
assumed positionl 1t is no discredit to even
the elder and leading members of the bar here
TO affirm that, nearly all they know, or have
ever understood, touching many of the ancient
laws Of England, which are yet in force in this
unfortunate District, they know or understand
by tradition , ,a ~ s,ru
There are not five lawyers in this District
who have in their libraries one-Aalf of those
English statutes and reports, which contain the
laws in force in the District Of Columbia, and
am authorized TO assert by one Of the Oldest
and ablest members Of the bar, that there is
no member Of the bar here who has all those
statutes and reportsl Now, the question is
win yeu accept code, imperfect as all enana-
tons from the mind OF man must be, but which
can be read and understood by every intelli-
gent man in the District, in lieu Of, and in the
place Of that which have thus sought faith
| fully to described
There is nothing so important Except the
spirit Of liberty itself) to the preservation and
perpetuation Of the rights and liberties Of the
people, as that they should hnow the laws un-
der which they live. Where the people arc
themselves the inherent source ofspolitical
power this information is Of paramount i'm.
portance--nay, 1t is indispensable TO the con.
tinuance Of free constitutional government
II is of far less importance that the laws should
he wise, or even just than that all should know
,ohat the laws are. Nor is it possible, where
the laws are known and understood, that an
unwise or an unjust law can long prevsil---the
voice Of the people will sooner or later demand
and obtain its repeal
Were 1t then true land affirm that it is not,
that the new Code contains provisions which
are so palpably unwise and unjust that the old
system Cor want Of SYSTEM Is preferable to It