National Republican., 1877-08-04
UNIFORM LAWS FOR THE NATION
Tho excellent system of Jurisprudence and

UNIFORM la US FOR THE NATION
The excellent system of Jurisprudence and
constitutional law which we possess has
been the slow growth Of centuries. The
conservative character Of the Anglo-SaXon
race has always rendered IL difficult
matter to effect radical changes in the sys-
ten. Without entering into details, We
will only refer to the valuable improve
ments in tho law which were proposed by
OLIVER CROMWELL, but in the adoption of
which he was bafllcd by the lawyers OF that
day. Now, after the lapse OF more than
two hundred years we have scarcely reached
the advanced position which that great
Puritan reiormer occupied.
The tendency in America at this time Is
to build up system of Jurisprudence intol-
ernbly uncertain and cumbersome. This is
chiefly owing to the fact that we have in
this country double Judiciary system, con-
sisting Of the United States courts and the
numerous courts of the several States, which
ore not bound by common and uniform
code OF Laws. We have now nearly forty
States, each Of which publishes from one to
six volumes Of reports annually, and there
arc besides the reports Of the Supreme
Court Of the United States. Moreover,
the volumiuous English reports are all
recognized G authority In this country.
This multiplicity Of reports Is producing
bulk Of law books, and conflict and con-
fusion In their decisions which is every day
growing more grieyous
Any one familiar with the argument Of
legal questions In courts knows how author
ities are arrayed against each other there
upon almost every conceivable proposition,
so that II now seems possible 10 lind deci-
sions to support any sort Of suit, no mat
ter how uni ust or absurd soever the same
inny be. Our Jurisprudence has now fallen
into worse condition than the Roman law
wAs prior TO its revision by JUsrINIAS. Re
ferring TO the vast bulk Of that law before
10 was codifed, an ancient author computed
10 TO be many camcls' load. II is doubtful
whether all the camels on the globe would
he sufficient to bear the burden Of our mod
ern law.
II is the accumulation of the conflicting
decisions and statutes of our forty States
which Is evory day rendering IL a more I'M
portant matter that some measures should
b adopted by which the law may be rem
dered more certain and simple. Although
from past experience we cannot anticipate
that the task would be an easy one, yet the
necessity for reform Is so great that it is
high time that some efforts should be made
30 solve the problem. Al the present time
the deficiencies Of our political and social
system are attracting much attention.
Mnny radical measures will doubtless be
found necessary to remedy the evils from
which the nation is suffering. None. how
ever, can be more important than to devise
some plan by which the administration Of
Justice can be rendered more simple and
expeditions than 1t is now.
II may be doubted whether the much
needed reform could be accomplished in any
better way than by an amendment to the
Constitution Of the United States giving
Congress the power to enact uniform laws
for the nation in regard to such subjects as
the following:
First. The descent and distribution of real
and personal estate the execution and pro-
bate of wills, the relation of guardian and
ward, the settlement Of the estates Of de-
ceased persons, &c.
Second. The conveyance OF real estate
Third. Commercial law.
Fourth. Marriage and divorce.
Fifth. A uniform code Of practice, both
civil and criminal.
An essential part Of this reform would be
such modification of the judicial system
Rs would rest all the judicial authority Of
The country, both under the laws of the
several States and Of the General Govern
ment, in one set Of courts established under
the Constitution of the United States This
ought 10 he done il for no other reason IN
order TO render the courts of the General
Government more acceptable TO the people
At present a party living hundreds of miles
away from the place where the sessions OF
O Federal court are held may have n suit
brought against him in it. The expenses
of attending court so far from home are
80 great that it is often better for adetcndant
TO suffer AN unjust judgmentto he rendered
against him than incur the ruinous
expenses Of q defense. BY uniting the iu'
risdiction rs proposed above, the courts ad
ministerng the laws OF the nation could bt
brought close to the people Of all section
of the country, so that cases arising unde
the bankrupt, patent and other uniform
laws of the nation could be speedily auC
cheaply adjudicated
The reforms proposed are no more rndiCa
than many of those first broached b!
JEREMY BENTHAM, which arc nOw by uni
versal consent, incorporated into the juris
prudence of England and America, not
withstanding the early disapprobation the,
met with. All admit the advantages W
derive from uniform patent, bankrupt
naturalization, revenue and tariff law,
from a uniform postal system, uniform cur
rency, &c. The uniform legislation abov
proposed would be but IN expansion of tn
principle Of uniformity rs 10 all matters q
nationa, concern, which is already emhodie
in the Constitution rs to many matters.
THE MISSISSIPPI DEMOCRAT TIC PLAT