New-York tribune., 1871-08-02
REVISING TIE LAWS.
WHAT THE COMMISSIONERS ARE DOING.
tgROu OR Own CORRESPONDENT

IaWYtT
best Dgests Of the Laws Of the United States all OF
the statutes relating TO any crime those defining tho
powers and duties OF Federal officers regulating inland
or foreign trade pertaining 10 any other subject o
Congress legislation, and 20 comprehend the force
and effect Of the amendments which are fonnd
at every turn, VIII appreciate the yalueof systematic
revision, simpacstion, and consolidation Of those laws
which in their nature general and permanent the
grouping together OF all those statutes which treat
OF similar subjects, the omission Of redundant
or obsolete enactments, the reconciliation OF con
tradicons the supply Of omissions, and the arrange
ment OF the whole under titles chapters and sections 80
that II may be convenient for reference. sneD WORK.
authorized by the XXXIXth Congress In 1865, II no"
making rapid progress the Commissioners appointed to
do the work having already printed the results OF Their
labors under lS of the 76 titles, and sent them ou'
soliciting from members of Congress, and from Bench
and Bar OF the country suggestions as 10 improvements
in order that better method IL possible, than that now
proposed may be developed. Twentyhree more OF tho
titles will be completed and distributed during the Fall.
The plan is that adopted by the first Commission, OF
which the Hon. Caleb Gushing was president. The
present members are Judge James Of Ohio, Benjamin
Vaughn Of NewYork, and Victor C. BaIringeF Of North
Carolina.
Three OF the parts now printed titles and 8,
treating Of the Legislative and Executive Powers, and
title 49, of Crimes, do not propose many improvements
pretend 10 the results OF complete and final
research to all the subjects treated Of In most
amendments to the existing have been suggested
In the notes. the object being first to free the statutes
from obsolete, repealed and manfesy redundant pro
Visions and to present them in the simplest FORM follow
ing, nearly may be, the original text After sug
gesons have received and considered and the fur
ther progress Of the work has given the Commissioners
the needed experience which viii enable them TO deter
mine specifically the form they will adopt report will DO
made TO Congress embOdynR such amendments az they
deem necessary and is then expected that Congress
will reGnac the whole with perhaps. some amendments,
thus giving them the force Of law and dispensing WIN
the almost intermnable Statutes at Large" in which
the laws Of the land buried. short description
of these three titles will give good idea OF the manner
in which the WORK is to DC done.
Title 73, which treats Of crimes, and which the Com
msioners say in their Preliminary Explanation" has
been adopted sort Of general guide in the prepar
ton the others, comprises nine chapters, Gen
era Provsons Crimes against the existence Of the Gov
ernpent Crimes arising within the Maritime and Terri
toria Jurisdiction Of the United 6ates Crimes against
JUSTICE Crimes against the Operation OF the Govern
ment Qncuding Forgeries and Frauds, &C., Counterfeit
Coin, and Postal Crmes) Official Misconduct; Crimes
against the Elective Franchise and the Rights OF C
zens Punishment of Accessories, and Concerning Disci
pne and Treatment of Prisoners In cofying the laws
relating to crimes, the Commissioners say that cassn
cation under legsativeIpower Of general Jurisdiction
IS not very difficult but when they come to classify the
criminal enacments Of Congress- the task Is not 90 easy,
the power here encountered being of special and
limited Jurisdiction, iderivDg all Of its powers from
written Constitution. The scheme OF arrange
ment finally adopted, after much reflection, is one
founded upon the grants of legislative power
contained in the Constitution, upon the eonsdera
tions which, under general operation OF the fund
mental law have led Congress TO denounee ana punish
particular oenses and yet the Commissioners CONFESS
that this arrangement Is not wholly satisfactory since
by 1t crimes TO have appropriate pacei anu
they are not that ii winot in the end, be deemed
drop the subdivision of chapters and sections
altogether.
In first chapter OF this title the Commissioners sg
gest few amendments three Of which are, defining an
accessory before the fact felony accessory after ne
fact to robbery piracy and an accessory after the fact
to felony. The necessity Of fixing once for ALL gho
accessories will be understood by all lawyers, and
the amendments suggested are copied .amcst verbatim
from the revision Of Massachusetts, laws. The Commis-
Oners propose also TO deneicleary in this ehap the
difference between felony aud msdemeanor, a diner.
which has been observed in the criminal leg
iatiOn Of Congress. Every felony" says OF their
notes. is distnguishabe by either Of two elements
first the penalty of death second, the penayOf imprs
Onment at hard labor" All other crimes are 10 be
cassed as msdemeanors. Legislation the subject Of
perjury and forgery has been very yOluminOus less
than separate laws having been passed in relation TO
those crimes. The legislative practice has been TO fix
the punishment for perjury anew every time oath is
required by statute This practice the Commissioners
propose to abolish and in few simple sections cover
the whole subject.
Title q treating OF the Legislative Power includes nne
chapters viz: Election Oh senator; AppOrtionmont and
Election OF Representatives Organization OF Meetings
of Congress-; Compensation of Members Officers aud
Persons in the Employ OF the Senate and House of Rep
resenatives; Form and Eject OF Statutes the Library
OF Congress; Congress Investigations; Contested
Elections The only defect in the laws embraced in
Chapter to which attention is called. is that pro-
vision is made for the election of al va
cancy in case the official notice of the vacancy rot
given to the state Legislature least eight days before
its adjournment. Some amendments 10 the mode Il
computing reapportonmcnt, # Representatives sug
gested in Chapter the XIYth Amendmen; To the Con-
sttition having made this desirable In Chapter 4,
sections are proposed which shall fix by law the number
of employees the senate and House OF presentaycs,
and their salaries. Such law would greatly
duce bulk the annual Legislative appropriation bin
which the payment OF tse clerks OF nearly all Com
mttees and many other employees have to be provided
for The chapter treating OF the Library of Congress,
contains many recommendations for the government u
the Librarian and the preservation OF the library.
Title 3, including two chapters Presidential Ecc-
tons and the Powers aud Compensation OF the Prcsi-
dent brings into little space a great mass Of laws many
OF which were long ago obsolete, and all OF which
so heavily loaded down with verjiage otteu0o make
their meaning obscure. l. recommends the repeal OF ID
existing statues.
The drafts now printed hardly far subjects of eriii
csm since they not published the Aal result OF
the Commissioners work They show careful and con
scientious labor and unquestionabie nklstrs, which
cannot fail give u.s. tbe eud work o the sreaIest
practical yaiue.
A pISUONFsT INSPECTOR OF ELECTION.