Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-02-19
THE REvIsAL OF THE STATUTES.

In connection with the bill introduced Ii
| the House Of Representatives by the Hon
| II. III. Snyder, for the appointment of re-
visers for new code, the writer believes q
short historical statement concerning the
old code will be interesting, and may con.
| tribute to the favorable consideration of the
proposal to recodify the laws.
Looking into the origin Of our code we
find that by joint resolution Of the General
Assembly adopted on the Sth of February,
1852, Return j. Meigs and William +.
Cooper, Esq's, were appointed 'to revise
and digest the general statutes of the State, ~
etc. The gentlemen named in the resolu-
ton accepted the appointment. They re-
lied for compensation upon the pleasure of
| the General Assembly after the work should
be completed. 1t is of record that the work
OF reading, transcribing and digesting the
acts was assiduously prosecuted. In the
summer Of 1853 progress had been made
as far as the acts of 1920, about half The
ground cleared as it were, so that it might
be in condition suitable to be worked
upon. In 1855 all the acts had been ex-
amined and half the task accomplished. In
1858 the revisers submitted the result of
their labor to the Legislature. Six
lOole udQ DOEL1 OOAduI1Cu III Ilc
ton which was attended with greater or
less vigor at different times. One Of the
compilers has described his devotion to the
task. He informs us in his report that
during considerable time he quit his pro-
fessional practice, retired into the country
and by writing from ten to twelve hours a
day, succeeded in completing his work.
After all this, the Legislature deemed it
proper to act with great discretion. A COM
mittee 5ave the manuscript digest a search
ing examination. Last of all it underwent
the rigid scrutiny of both Houses upon the
regular readings. When it came from the
hands Of the printer, it exhibited scarcely
an error from the title page to the fms. 1t
was set up and printed at the Methodist
Publishing House in Nashville, and or all
sides is said TO be as fit a model of typo
graphical excellence as any wO:k relating
to Tennessee law that has ever sppeared
before or since that time. 1t was indeed q
code. 1t left no individual uncertain as to
the exact letter of the statutes of his State,
no attorney at a loss how TO advise. That's
the kind of a book zoe tcat nolU.
The Code of 1858, authenticated in q
manner most solemn known to the law,
was placed by the State OF Tennessee with
in reach of every mans hand. 1t sold at
peoples prices. The price was fixed at
three dollars.
By special act of assembly the copyright
of the work was reserved to the State of
Tennessee. Many have thought if the act
meant anything it was that no one.ex cept
the State should reprint the book, and
more than one Tennessee publisher has re-
garded the act as prohibition. But
thing ordinarily unlawful, if committed I'M
der an urgent necessity, becomes Invested
of its unlawful qualities. Enterprising st.
Louis printers saw That that the repuhlica-
ton was become an imperative necessity,
by which they would stand excused in face
OF the copyright act. They certainly are
excusable, and unless the State sees fit to
provide beforehand for a new edition of her
laws, any other venturesome Spectator
half dozen years hence will be exeusable
for doing the same thing. We have before
us the St. Louis reprint of the Code. The
publishers employed attorneys in this State
to become editors, who have labored with
never csasing industry and persevering
zeal. The three volumes are desirable ones,
and ought to be in the possession of every
civil officer Of the State, as mic ht
be said with equal proprIety
of any book which would contain the noble
remains of Meigs and Cooper's code. But
the st. Louis code, taken as whole is
good illustration of the necessity for a new
code. So far as it perpetuates the memory
of the original it is valuable, also 1t is to be
treated with Difference, on account of the
prevailing impression that it brings to light
many notes heretofore to be seen only in
the Hon. w. F. Cooper's manuscript code.
No intimation of this is given in the pre-
face to the work, but short note in the
first volume, page 500, section 1867, proves
that reference was made by the Edi-
tors to the manuscript of the distinguished
Chancellor. These are the saving qualities
of the work. In it the code OF 1858 still
exists, like an ancient temple defornied
by the architecture Of later age. The
original pro2ortions are rendered more
striking, By the contrast which they pre-
sent to the mean and incongruous ad-
ditions. -
While the State ought to subscribe for
copies Of the recent code, sufficient to sup
ply all destitute civil officers, on what prin-
cirle will she hesitate TO appoint revising
commission to prepare and edit her next
oodeY Are not at hand erudite and expe.
rienced r6visers, acquainted with every
scrap Of legislation from. colonial times
down to the present? Surely not all the
gentlemen who have done honor TO the
State and to themselves under former ap-
pointment on revising commissioners are now
incompetent for that Office, and they are
the men We want. S.