The independent press. (Abbeville C.H., S.C.) 1853-1860, 1859-03-11
Codification of tho Statutes.

A writer in the Charleston Mercury in the
following communca ton, again brings to the
publ notice the delay in carrying out The pro-
visions Of the recent net of the Assembly for
the Codification ofour Statutes. BY the terms
of the Act it was r:adc the duty of the Court
of Errors, to appoint Commission consisting
of 3 persons. but rs yet no action has been tn
ken in the premises The Grand Jures of the
country and the Judges upon the bench, have
long urged the necessity of the measure, and
the Public Press ir various portions Of the
State, is now enforcing the appeal. The Leg
islature yielding to public opinion has passed a
law onthc subject aid it rests with the Judges to
carry into effect it's provisions:
Mr.. Editor : At the last session Of our Leg
islature an act was passed whcr> the Court
of Errors was empowered and required to np-
point Commissioners for the proper rcvisn ng
md codIfying the Statute Law of South Caro-.
lima. Nothing is sald in the net, it. is ,ru., as
to the time when this appointment shall b..
ma &c, but what is tie natural presumption as
to the intention of the Leg islature2 Did the
Legislature mean to authorize aud direct the
Court to take tho necessary rrclimin mary stems
for revising the law, and leave the time W thin
which 1t should be done entirely to their own
discretion L cannot think so. The inter-
tion evidently was (and how easily this inten.
ti"n might have been rendered certain by the
insertion Of clause to that effcct) that il,
should be attended to by the Court ut its first
session alter the passage of the act. And this
must have been what the Judges anticipat ed
themselves before the uct was passed, for | was
Informed thry prolonged the session of their
Court several days afi er they were assured the
net would pass in order that they might exc
cute ITS provisions during their last meeting
in Columbia. But how different is their un.
dcrstaII'ling of the urgency Of tho, act now
since it's passage and publication Because
1--WE cannot imagine any other reason) the Leg
isature. III its wisdom and lihcrality. omitted
to direct when the Commissioners should be
appointed, and therefore apparently left it to
the ample discretion OF their IIonors, they have
had session in Charleston in January, nearly
n month after the session in Columbia, which
would allow them sufficient time to make pro-
percselecilons, and have adjourned without ac-
ting Mt NIL IN the matter. Can it be possible
that they cannot find any one in the Stutc
competent to the task This will do to de]av
upon, like great many other prctexts and oh
jections Gwelt on by the Legislature for the
last century, but it will not do, like them. to
he investigated with the eye Of reason and
common observation.
IN the Year 1922 or '23 there was n resolu.
tion introduced into the Legislature, by whom
tee on the Judiciary. mnking it the duty of
that committee to inquire and report rs to the
exPedicncy and practicability Of colifying the
statute law. when Mr.. John S. Grimke rs cinir
man, submitted Il must elaborate report. of
some forty pages pamphlet. in its favor. Tie
report, for some reason now difficult to ,-Tvne,
was lal on the table. but no: indGfn it.ly, or
the subject matter Of It at least for at he next
session it was rcfrrrci again, and again repor.
ted upon favorebly brt II before. no action
was taken Oh it oy the Legislature. This state
"f thiriei has c"nt:nu n uP TO the last Lcgisla.
lure, when the oct before mentioned was enac.
ted. The Judges have all been in favor of the
undertaking, as evidenced in their charges to
ne Grand J>.irs Of the country. Tie Grand
Iurics have made pr.sen,men,s, allover the
State. Recommending the matter to cons ilera-
ton at :he Legislature. nnl the people, nil Of
whom that are competent of judging, are
strongly in favor of it. And are the Efforts and
expectations of all TO be thwnrtcd by the fail
ure and refusal of the Judges To do their pnrt
of the duty But AZ the May session of the
Court is not now very far distant. will with.
hold further remarks until after that period.
when, if nothing Is still done, something more
may he expect ii. J.L.B.
WILLIAMSBURG. March =, 1859.