New-York daily tribune., 1865-11-25
THE NEW CavII. CODE.
The History md D'fen-e OF Cod'nca'io"-
uu,.osuc,iou 20 che Rev Civil Codc.


Winter. has Just been published. Tho introduction
gives history Of the wok which we copy;
The Civil Code reotionel in the preceding report s
oDtoncd in this volume. Its history is as follow: The
Constitutiun u the state of NeWIOik. US revised aud
adopted In 1896 has two provisions look u codlh
cation Of the Oie is IN the 18th section OF the
hrN article, In ihese words:
"The Legislature It its fist session after the ndop
.ion Of thus COn.ttulon, shall appoint three Commis
,oners vi olty II shd b. to reduce into written
and systematic Code the whole BODY of the law If this
State much and such pats heieO as Ia the SAID
Commissioners slal seem practicable and expedent;
and the said Commissioners shall specify such liera
tiops and amendments therein tney shall deem
proper and they shnta all times make reports ol their
proceedings to The Legislature wien called upon 10 90
50; aud the Leg ,Sa'urr shall pass regulating the
OF office, the Ii ling Of vacancies theleiu and
the compensation Of sad EOHnisS .oners and shall also
provide for the publication Of the said Code prior 10 It's
being presented =" the Legislature fl adoption"
The other Is the 24th cton Of tie 1h article. The
Legislature a, It's Inst session after the adoption OF tins
Constitution shall provide fer the appointment Of three
Commissioner, lc~t out! it shall te toIe ise reform
simplify aud Gbrdge the rules and practice pcallues
forms and dlutS Of the Courts O Record o tlS
State aud TO report thereon t0 the Legislature sgeet
70 their adoption aud moditcltiOn nom time to inc.
Both CommlsS IONS we're flied by an act passed on the
9Th OF April lt47; a. at Under the lst Hieie ly Tie
appointment Of Reuben N. WalwoIih. Ahah W"rdeh
and John 4. Collier. AS Commissioners OF me Coif,
70 hold Office Tor years; aud that under the ON
article by the erpini4,ent Of Al phaXed LOOMS Men
olas Diil IT,, ahu DG, id Graham. rs COnnsslohrrs
Practice and Pr edimgs, To hold 9eo t me ISL Oh
February, le49. CLDIgoS however. wee hlIel"aru
made in both Commissions.
In tie Praetiee Commission Mr.. Hill having resigned
David Dudley FIELD was on The 2yth Oi Stl'eLOei'leh
appointed In his place. The Comnss on nus reorg1n
ized was by an ac passed the 3lst Of January lag
continued til APRIL and IN April Was urther continued
till the 3lsl Of DeCenb'r If that year On that day IL
completed its sbls, submitting ,o the Legislature as
complete two CoUes. OF criminal and tDe other OF
ciyl procedure lncluui The law # evidence. I.ese
Commissioners had lrNiously made four partial re-
ports the rst The s9th oi Februiy lefe containing
the Cole Of Civil Proc dure ss subsequently, epacted,
and eubia acng ihe sub tancc of the reforms proposed
the practice Oi the Cuu rs 10 civil eases; the second
on the 29h OF Janusil. 1919 containing additions aud
smendmelt ~ the Code enacted the third on the
Rth of January, lsiy, oo",anDg still further proyis
ions; and the lou IN the day, containing the
draft OF C0deUt Criminal Procedure When the com.
pleted Codes If 'ivi aud Criminal Procedure were
submitted. The Commissioners reported. at the same
.ime special Get enun.tra,ing and repeating the va
eiOus statut, covered by those Reports.
Iu the Code COmmi-sion. Mr.. " alwofth having de
rlined the Spt OintnrBt, AnbO L. Robertson wss on
The l3h Of May sii, named Al his stead In January,
i64e. Mr.. Collier resigned. and Seth {. Hawey sue
ceeded Lin. In ApiL le49, new act Was passed ap'
pointing Mr. Woritn and Mir Hawiey, with John c.
Spencer Commissioi ers OF the Code, till the sth OF
April. le5 AiT. Spencer dec ired to this
Commission, and the {, mmssiun itself was abolished
10y act passed on the lOh OF April. 1850 The Com.
mission. however. i.yyed in 1851 by passed
the 9th Of \ rii o! that year b, which MR. Field
Mr. William Cults NOyes. and Mr. Alexander W.
Bradford were uppnInleu Commissioners. to continue
IN office hye yeas, aHd 10 prepare Codes OF all the law
aot considered by the Practice Commission. In Apr
1902 the tern OF office OF these Commissioners was ex
.ended 10 April, e65.
The sbor If this Comms ion is suficicr tly detailed
n the report JrenXed to tns volume. The work. in
their completed UTEs, OF both Cumnission that IT, of
he Practice Commission rs was IeorganIzed in Octo
Der. lsi7, and of tie Code Commission as it vas re-
organized IN Apr, le1I. are now con p bed IN SIX
volumes containing The Code Of Civil Procedure Qu-
cludng tie Law oi Evidence the Boob OF Forms. tie
Code OF Criminal Procedure. the Political Code the
tenal Code. and the Civil Code.
Whether the task which th,s two Commissions had
before them mp ssibe useless; in other words
whether 1t was possible aud " possible. e1ped"nt to
reduce into Code the whole body of 'be law" had
been much debated. both in this country aud IN Eu-
gland. One view Of subject has been given in the
preceding report. Others may be given here. The
question. there All is bet~ ecu written and nm
written law; that Is to cav between aw written by
the lawgiyer. and law not thus writtcn between law
promulgated by that department OF the Government
which alone as the pieioeatiye OF making and pro
INDICATING the lows, ana law rot 80 promulgated.
Whether gene i code Of the law be possible shOul
SEEM from the nature Of the subject hardly TO b
Doubtful Tie common law of York like thr
common law Of l. glaI d. from which 1t is i'll grea
part derived cniss of at number OF rnes OF prop
erty and ot conduct which have been applied by III
judicial tribunals and which had their origin either il
legislative enCctmeLts now forgotten or in tradition
fiOm ancient times ih the If the Judges
the cases Ne.OTe them. The decisions of th'
tribunals bave bctn for ages preserved ~ wiring.
there q time when they were held In the mem
Dry alone chat time has long passed. All that nov
of the law, We know from written records
10 make COGe Of the known law is therefor
bet 10 make complete. anal tica aud authoritative
compilation fiCm these records. The records Of IN
common law in The reports Of tie decisions Of th
trib0nas: tie records vi the statute law in th
volumes Of legislative acts That these records ar
susceptible Of c0ilGor analysis aud arrangement
might have been assun ed BEFOREHAND il We haS
not the proof in hbrores. in digest upon digest
more OF less perfect, IT, which daily for con
seuience aud inst Lotlon. The more perfect diges
becomes the more nearly It approaches the Code con
templated by the Constitution. In other words. com
nIete digest OF existing law, common statute
disseced aud snay sd Avoiding repetOns and eject
ing contradictions nodded into distinct prOposto
and srranled IN scientific order with proper amend
Gens AID IN this fOi sanctioned by the Legislature
IS the Code which the Organic Law commanded to bt
made for the pie If this State. That this posi-
ole was oil but pioyeG by what had been already don,
among ourselves.
II was fully proven ty what had been done in respect
;0tbe law Of Otler c'untrcs. The law Of Rome in Tie
line OF Justinian wss to cay The least. difficult O
reduction into Code as il law al the present
iay. Yet & thus fecuccd, Though no doubt to the
disgust and dsmay Il ma lawyer OF that period
however pronounce the 4, de OF Jusnan of the
olest beneiactons 10 tie human race as II was one OF
she greatest aclleveu euts of human genius.
France, 1T tie beginning Of her revolution, gov
.rned partly by RoL and patty by customary law.
The French Codes made one Uniform system for the
whole country supplantine e." former laws and form
ng model by hch haf Cf Europe has since fashioned
is legislation 1T sboud seeU therefore. 20 be quite
beyond dispute that general Code OF the law is pee
able.
Whether il is also erp,dient is different question.
One Of the objections made 49, that II is not possible
~ provide fol I'LL tLuie casrs. You may, il Is said
stretch your foresight 10 s utmost limit; yon may ex
1aust all the acty aud ingenuity Of tie human mind
he future. BeI etLeiebs. Is sealed book you cannot
iook INTO its unopened leaves; and therefore attempt
ng 10 provide forwhat tLey contain Is spending your
strength IN aud Il utiess effort. This does rot
appear to be an objection Ot aby weight whatever. Be
cause we cannot Ovde for all should be thought
poor reason Tor providing for as many possible
10 render the existing law as accessible and inle
rble as we can Ii u rational object though cannot
foresee what ou BIT be the law ia yet unknown.
AZ In nIlna nh.nlDte