The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-12-13
Advantage Of q General Code
to the State.
The Legislature to Mako 10 Law, mo
Judiciary to Administer Il.


duction is a follows:-
The Civil Code mentioned in the preceding report is
constitution OF the State OF New York. 40 revised and
adopted in 1874 has two provisions looking 70 codaes
the first article, in thesa Words
PREPARATIONS or THE CODE.
he Legislature Ut it, first session after the adoption OF
this constitution, shall appoint three whose
code the whole body Of the law Of this State,
much and such parts thereof as TO the said commits
sioners shall seem practicable and expedent; ana the
amendments therein they shall deem proper and they
shall at all times make reports OF their proceedings TO
the Legislature when called upon do So and the L.
gslaure shall pass laws regulating the tenure OF Office
the filling OF vacancies therein and the compensation or
said commissioners and shall also provide for the pub
LEGATION Of the said code prior to It's being presented to
the Legislature for adoption
The other the twenty section Of the sixth ar
tice THE Legislature at It's first session after the
adoption Of this constitution shall provide Tor the ap
pontment Of three commissioners, whose duty IT shall
practice peadngs forms proceedings Of the courts
or record of this State and to report thereon TO the
Legislature subject TO their adoption and modification
from time to time"
COMMISSIONERS APPOINTED.
Both commissions filled by an act passed on the
sth Of April, 1s47 that under the first article by the
appointment Of Reuben H. walworth, Alvah Worden and
John A. Collier as Commissioners of the Code " 70
hold office for years. and that under the sixth article
BY the Of Arphsaed NICHOLS a
and Pleadngs" 70 hold office till the first OF February
1s4o Changes however, we're afterwards made In both
In the Practice Commission, Mr. Hill having
signed, David Dudley Field was the 29th OF septem-
ber ls47 appointed in his place the Commission thus
1s49 continued till April and in April was further con-
nued till the 3ls Of December OF that year On that
day II completed III abors submitting to the Legisla
ure as complete two codes, one Of criminal and tho
other Of civil procedure including the law OF evidence
These ,ss 1s had s "
containing the Code of Civil Procedure as subse-
quently enacted, and embracing the substance Of
in civil cases; the second ON the Goth Of January
lS4Q containing additions and appointments to the Code
az enacted the third, tho 30th Of January 1872 con
tanning still further provisions and the fourth, on the
same day, containing the draft of Code o. cr'pR4
PROCEDURE. When the completed Codes Of Civil and Cri
minal Procedure were submitted the Commissioners
reported, at tho same time, special act enumeratng
and repeating ia various statutes covered by those re-
ports.
In the Code Commission Mr. waIworth having de-
clincd the appointment Anthony L. Robertson was on
the 18th OF May 1S47 named in his stead In January,
lsaS Mr. Collier resigned and Seth O. Hawley
him. In April 1840 new passed, appointing Mr.
worden and Mr. Hawey, with John G. Spencer Commits
sioners Of the Code till the 9Th Of April, 1851 Mr.
the Commission itself abolished by act passed on
the 10th OF April 1850 The Commission however, was
s ,Ss in 1851 ey an 1S N S @ Of
Noyes and Mr.. Alexander W. Bradford were appointed
Commissioners to continue in Office five years and TO
prepare codes Of all the law not considered by the Prac
tcc Commission. In April 1852, the term Of ONCE OF
these Commissioners was extended to April. 1896
THE WORK pERPoRMED.
The labor of this Commission Is sufficiently detailed m
the report preGxed to this volume The works In Their
completed forms, OF both Commissonsthat rs Of the
Practice Commission as was reorganized In October
and OF the Code Commission was recognized in April
Is57-arc comprising In six volumes, containing the
Code OF Civil Procedure including the Law Of Evil
dencel the Book Of Forms the Code OF Criminal Proce.
dure, the Political Code the Penal Code and the Civil
Code
hofor usoleaS. other words.
whether II possible and II possible, expedicnt to re-
duce into code the whole body Of the law, had been
much debated both Ia this country and England One
view OF the subject been given In the preceding re-
port Others may be given here The question, as was
is to say between law written by the awgiver and law
thus written; between Law promulgated by that DO
partment OF the government which alone has the prero
gatve OF making and promugatng the Laws and law not
20 promulgated
ANTIQUITY or GENERAL CODES.
whether general code Of the law DO possible should
full. The common law OF New York, like tho common
law OF England, from which il s in great part derived,
consists Of vast number OF rules OF property and OF con-
duct which have been applied by the judicial tribunals,
and which had their origin either in legislative enactments
now forgotten traditions from ancient times, or In
the conscences OF the judges as the cases came before
them The decisions OF tribunals have been for ages
preserved In writing II there was ever time when they
were held in the memory alone that time has long passed
records To make code OF the known law Is therefore
but make a complete, analytical and authoritative
common tho reports Of the decisions OF the
tribunals; the records Of the statute law are In the vol
umes Of Legislative acs That these records are sascep
tble Of collation. analysts and arrangement might have
been assumed beforehand u we had not tho proof
libraries digest upon digest, moro or less per-
feet 10 which daily resort for convenience and In
sruction The more perfect digest becomes, the moro
nearly approaches the code contemplated BY tho con-
sttuton In other words, complete digest Of our ex
analysed, avoiding rcpetitons and rejecting contra
dic,ions, moulded into distinct propositions, and
AZ 1wAn AMI md
msnts and In this form sanctioned by the Legislature
is tho Code which tho organic law commanded 70 b
was all but proven By what had been already done
il Was fully proven BY what had been done IN respect
70 the law Of other countries The law Of Rome In the
time Of Justnan was 10 say the least a. dculs OF re-
duction into code Law at the present day
,ns asv Of msny * shss p"oS The con-
curing Judgment OF thirteen centuries since has how
ever tho Code Of Jusnian one Of the nobess
bencfactions 20 the human race, - was one Of tho
greatest achievements Of human genius
france at the beginning Of her revolution, was gov
f IN. reach codes made one Uniform system for Gs
whole country, supplaptng the fOrmer lava and FORM
ing model By which hall q Europe hss since fashioned
beyond dispute that general code Of the Law Ia pos.
sibie.
COMPILATION INQUIRED.
whcther II 4, also expedlsnt 10 different question.
provide for Ill future csses You may ssd stretch
% s or The
FUTURE ncvsrtheless sealed book; you cannot took
INTO ia unopeasd leaves; and. therefore, attempts
ing your strength In Q vain and ffuitess effort.
This does no. appear 70 Be objection Of any weight
whatever. Because we cannot provide Tor AL eases
should be though. poor r MOI providing for q
many possible To render the existing law an accessi.
bio and as Ineligible % we can Is rational object
though we cannot forcsee what ought to DO the Law II
yet unknown To cast aside kaown rules which are
Obsolete 70 correct those which burensome un-
suitable 20 present crcumstances 70 reject anomalous or
consdercd cases. TO bring the different branches into
perfect order and agreement, may be Of immense
value, trough cannot look beyond the present 70
make provision for what has never vet appeared.
The objection, however, assumes than should DO
granted without qualification Thee certain depart
ments of the law Of which my snirm with perfect
either that have provided for every posi-.
bic case or that when anses, Is better that
il should be provided for by new legislation, than by
iudc. decision. Thus. In respect the Penal Code II
may be affirmed that every act fo which punishment
may be inflicted, ought 70 be designated beforehand