The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1870-03-25
Friday, March Is, 1870.
THE NEW CODE OF PROCEDURE.

The new Code Of Procedure
adopted at the Inst session Of the
Legislature is now the law of tho
laNd. At one "fell swoop," the
practice of our Courts, which was
imported into this country from
England, and which haas been hand
ed down from early colonial days
3las been cut off, aud instead, we
llave tue New York practice trans.
planted bodily, ana engrafted iAt
the old stock Of South Carvina
law. The attempt would seem tc
be as absurd as that which the Ro.
man poot ridicules of joining q
"'horse's neck to a human head
laieun tcneats anaioi &?
These new doctors Of the law
have attempted u feat which con
travcncs every natural law, and
moclss all power Of assimilation.
AS soon attcp1pt to unite oil and
water, as join togettcr two systems
of law necessarily artificial, Which
have grown up under different cir
'cumstances, and arc adapted to
diverse feelings, habits and customs.
Here there has been 40 attempt
even at assimilation. The skill OF
the trainers was unequal to the
task. Whatever they may have
known of New York law, they
were totally ignorant of South
:Carolina law. Hence the first con-
:ition Of success was wanting.
The attempt. is not less absurd
than that Of foreigner who should
make innovations in the body of
our language, of which lie knows
'nothing-of a Frenchman who
should supplement- Webster's Die
tionary by 'cngrafting the latest
Gallo idio1ns.
But even if the requisite skill
and learning had not been wanting,
the change was too sudden, the re-
form was too complete and rcvolu-
tionary, to effect amy useful pur-
pose. Laws are TIE growth Of
time, and here especially in reform
ing, we should according to Lord
Bacon, follow the example of "time
which innovateth gently" Here,
however, the change has come
upon us like somc volcanic erup-
ton or some ovcrhowing flood
which has destroyed tho old land
marks, and Involve whatever we
hold most dear, in one sccthing vor-
tex. .. ..:'
The Legislative changes which
have of late been introduced into
our laws and institutions seem to
have arisen either from q set pur-
pose to obliterate the Carolina Of
the past, Or from an overwcening
attachment Of all alien people for
their own laws and customs, which
they esteem the best, semper,
-ubi9ade ct omnibus. 70 the fell spirit
which would prompt the first, we
have nothing to say. 70 the
second we would say, that abstract
right is concrete wrong-that
which may be best for New York
may be the worst for South Caro-
lima They who lcgislate for a
people must be. one of thcm---to
know their habits-to be cognizant
OF their wants-and above all, to
know how far these have been
=. provided for in the great body, OF
. existing law. ,,. III .,,.... -.
'":: All that we have said lis entirely
reconcilablc with the view that
some OF it's friends entertain of: il
.--sornewhat akin to Charles Fox,s
+. ,aqddlm3iration aqdl n Of the French consti-
.,:tI tuition a.: ''as as the most stup9eenaous
.;:,4onu monument I'D of wisdom the world
ever saw But from the letter o.
Charles, 1Q'Conpr, the celebrated
New York lawyer in reply, rte
r Messrs. 'Pope and EaskellJ publish
l,edin the Guardian, 1T seems tha
t'sans. Of their own doctors, Of ths
law 't'sfter the way which they cal
=. heEegy. are disposed to doubt
Il TIE wilsSdom .pof the Htew7 W system: II
4 ls'a seems I very clear that, II. has failed
efo GVeel Jsiqptsity, precision .ani
certainty to the nractice-or. to les
sen it's expense. It'll . al "a artif,ctiia tif,tii
system, and az, little adspted as The
gold; TO making 9sesnry. mansbis tiR1 owr
aaWyers''. 1ts,tendencyI uis, besides
to foster Litigation, and vel isayr s !,
that this isione ofrth merits Mhicf
SOME Of its friends claim f5Y 1t. i,,'
'op9 sa* y l-2L.. ...-II .2.sa bsj6
T,dsURyEYrNstIns another column
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