The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-11
Thorough Reform for the Criminal

Codc-The Bourbons Must Abdicate.
Senator Robertson has introduced bill
about jury challenges. Assemblyman Deer
ing has submitted another upon some distinct
branch of criminal law. These are not the
modes of reform desired. Nearly oil Ameri-
can legislation is based upon expediency
or to meet exigencies. In the English
Parliament it Is otherwise. British lawyers
legislate in pursuance Of system. They
not only redress newly discovered mis-
chiefs, but prepare against contingent
ones All tho confusion in our criminal
laws proceeds from legislative skirmishing
with defects, which is aptly termed by the
lobby as "tinkering" In stopping new gaps
old ones are usually reopened. One scheme
clashes with another. All this may suit the
Bourbon Bar, who wish to preserve their cob
webs from reform brooms or embalm their
traditions in aged calfskin. But the pro-
gressive spirit of the age demands the cleanli-
ness Of simplicity for statute books. What
the people require from Albany Solons is a
thorough reformation in the criminal system,
and not patchwork. rt~
Ten days ago we pointed out to the Bar
Association and the Judiciary Committees of
both houses that since 1850 full code Of
criminal procedure, and since 1864 an ex-
haustive code of crimes and pupishments had
been yearly crying "Open Sesame" at the
cavern door of the Bourbon lawyers. The first
was the work of David Graham, Arphaxad
LOOMS and David Dudley Field. The latter
gentleman participated also in the preparation
Of the Second Code, and was associated therein
with William Curtis Noyes and Alexander w.
Bradford All of these gentlemen, with the
exception of Mr.. Field, are dead So to all
appearance are the contents Of the two bulky
volumes whose compilation and printing must
have drawn from the State Treasury at least
fifty thousand dollars. They are studded with
elaborate notes, minute references and apt
decisions But notwithstanding their prepara-
ton was expressly authorized by we'll con-
sidered statutes, and although the codifers
were most eminent lawyers as we'll as practical
men, nevertheless neither of these codes, pre-
pared at such sacrifice in professional skill
and public money, has even been reported
from law committee or called up for discus
sion in either branch of the Legislature
Surely they exist upon the shelves of the Bar
Association library. And even if time has
destroyed much of their efficacy, or if yet
fresher reforms to the criminal law are needed,
those codes must afford excellent foundations
for the Judiciary Committees in Senate and
Assembly to build upon.
All! but we forget again. The chariots of
the Bourbon lawyers bar the way, and of
County Court practitioners from rural dis
tricts, and of ancient gentlemen from the large
cities, whose law books, like their Madeira
bottles, are only valuable when covered with
the dust Of ages. Who will get these chariots
off the track2 We hear of Counsellors Dwight,
Choate, Bliss, Davenport and Eaton active in
the Albany lobby after fresh charters and new
bills to turn out boards and Justices. These
gentlemen are not Bourbon lawyers. One of
them is professor in law school, and no
table for progressive notions; another is the
United States District Attorney; third is q
Federal Police Justice, and all Of them are
scholars in criminal Jurisprudence While
they are protecting charters and fostering
municipal reforms, can they not at the same
time nurse these codes and use their undoubted
influence in promoting their passage in some
satisfactory form?
Had these compilations been long since
adopted it is clear, from perusing their pro-
visions, that the lawyers for the people would
have been spared the notifying admission
that they were compelled to prosecute the
Ring robbers for misdemeanor only, and the
public saved many postponcments and delays
in homicide cases that were caused by lack of
apt statutes or appropriate criminal procedure.
Upon the whole, the Bourbons must prepare
to abdicste. But who will head coup detat
to extend the empire of criminal justice2
PERSONAL INTELLIGENCE,