National Republican., 1877-09-04
FOR THE DISTRICT OF
COLUMBIA.

when the trainers Of the Constitution Of
Ne United States provided that Congress
should have power TO exercise exclusive
legislation In all cases whatsoever over the
district which was to be made the seat Of
government, they anticipated that people
Tesiding within the limits of the favored
territory would derive peculiar benefits
from the Legislative wisdom of that body.
These anticipations have been very far
from being realized. This District should
long since have been provided with Q code
Of laws which might have served as
model for the rest Of the country. But in
stead Of code 30 creditable to our national
Jurisprudence, the District of Columbia IL
to-day cursed with body of law 10 con-
fused and uncertain rs to be simply bar-
barous.
To save the trouble Of providing q sepa-
rate code Of laws for the new District when
y was formed Congress enacted that the
hws Of Virginia and Maryland should re-
main in force within the parts of the Dis
txict ceded by those States respectively.
Thus before the portion Of the District
beyond the Potomac was retroceded to Vir-
einia the courts were often on the same day
obliged to declare and enforce two distinct
ystems Of law within the same territorial
by tuc TttTWt->loh VI " part
sf the territory to Virginia q portion Of this
anomaly has been gotten rid Of, but the re-
nainder Of the District Is still governed in
part by the laws which happened to be in
Force in Maryland at the time that State
seded this portion Of the District TO the
United States.
These old Maryland laws, together with q
vast body Of snactments by Congress and
various local legislative bodies since, form
such..n defective and conflicting system OF
Legislation as utterly conftises and bewilders
any one who has not made them special
study. Asnew enactments have often been
made without any knowledge Of, or refer
ence to the previous condition OF the law,
II ia often impossible for even the most
lrarped lawyers 20 advise clients with any
degree Of certainty as to their rights and
liabilities. The most intelligent and con-
scientous citizen is liable to unknowinQly
violate laws which were passed one hundred
years or more ago for an entirely different
state OF society.
II Is fresh in the minds of our readers
chat IL was recently discovered that an old
Maryland law is still in force in this Dis
tTict imposing severe penalties for the viola
ton Of the Sabbath. No one dreamed oi
Che existence Of such a law until It was re-
mrIected by the researches of the officers ol
the Department of Justice. Under that
law which is still in force hundreds of ar
rests might he made every Sunday. No
newsboy can cry paper for sale without
tncurring its penalties.
Although all the officers Of the District
ere now aware Of that Sunday law it is not
enforced. No law ought 10 be suffered to
remain upon the statute books which can
not be enforced, for it begets disrespect for
al law and completely demoralizes public
sentiment TO have dead-letter laws unre.
pealed. Yet this District now has scores oI
them. 1t would require many columns IA
expose all the deficiencies and absuIdities
q the laws by which this city is now gov
srned Suffice II TO say that they need t.
% reformed worse than the laws Of the
Romans did when JUsTrNIAN framed hh
celebrated code
The science Of legislation has been vastl,
Improved since the beginning Of the pres
mt century. Tho compilation oil the God
Hspoieoa and the philosophical writings Q
JERKMY BESTHAN on the subject Of tn
esdificatiOn Of the laws have had narket
Influence in rendering legislation Of man,
sountries snd States more concise and deH
site. The laws of the District OF Columbi
Should ut an early day be codified by
sompetent commission, composed Of thre
u I've Of the most learned members Of tn
bar Of this District. In this way all tn
Sbsolete ard conflicting provisions Of tn
xescnt system could be swept away and
body o. law provided instead theret
worthy of the age and Of the Capital Of a
nhghssned nation.