The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1886-02-03

in extracting, classifying and digesting those
leading principles which lie at the basis OF all
decided eases, and give them harmony and
consistency; If 1T consists in giving order and
symmetry to the ill-as>ortc1 material which
lies at our hands. rejecting this and selecti ipg
that, but erecting the new edif1ce, subStantlal-
ly out Of the Old material, in the spirit OF Il
wiselmast r-bnildcr, and the temper Of lust
conservatism: in fine, if it consists in giving
clearncSS, certainty. and facility OF reference
to the half-buried treasures of the law, elm
mating the hu>ks aad retaining the life giving
germ; then coditication is a thing to he desir.
ed, and would seem to be justified alike by
reason, by precedent. and by authority.
SUSTAINED BY REASON.
By reason. In every department of knowl-
cd &c, which aspircs to the name OF science,
facts are collected, classified, and digeSted,
facts, which constitute the leading principles
of the sciencc-ail else Is rmpiriciSm. 50 in
every art and in every arOcatton OF lile, there
are certain ultimate principles, which direct
the student and guide The practitioner. Lam,
euage has its rules. and Logic the panoply OF
The schools: and shall the Law. which from
the immensely OF its stores, and the varied
and complex character of its material, needs
above all others. the laborS Of the collalor ana
coditier, alone fail to aspire to the name OF
liberal science. TO use the language Of the
great Ca!houn, "Shall the high power of anal
ysis and combination, which reduces the most
complex idea to its clements, which traces
c.usts 10 their first principles, and by the pow
cr Of generalization and combine alton, unites
the whole in one harmonious system; when
has effected such wonders in the material
world, bc forever prohibited, under the sense
less Cry OF metaphysics, flom being applied to
The high purposes Of political science and leg
islation." The answer would be nay. though
every year, every day and every hour did not
furnish proof TO the contrary.
BY PRECEDENT.
We Lave abundant precedent, In the work of
coGificatiUn on Il small scale In every treIllSe
and digest, which issues from the press. Ihcy
are but the precursors, the duGmt conrIerS' OF Il
wider and more complete work. which the me-
ce$sities Of the hour and the demands OF the
future are pressing upon us. IN every ot'te
of the Union there has been revision OF
the Statutes, and every revision IS cod tica-
ton. We have penal codes and codes OF civil
and PENAL procedure. and why not cOdily the
body of the law? It's antiquity, comleXity
and immensity. whilst incrt aslg the dl1iicul-
ty of the task, make 1t more necessary. IT Is
no longer u question Of utility and practicn-
biI;y; since both have been established In
the history of Legislation and jurisprudence.
Some years ago, we codiiied our Military Law,
and the law relating to county officers; this
was followed by that revision OF our lew, ana
Code of PROCEDURE, which again revised
now form our General Statutes. ms IS only
u
iSH beginning, and an attempt upon small
scale, Of II work, which If extended to embrace
the whole system OF JURISPRUDENCE, IN lts va.
ricd and complex relations, and executed
with the cae e. learning and skill, which It's
Importance demands, would indeed give clear
ness, certainty and facility of reference, to
that which is now confusion, uncertainty and
obScnrity. Louisiana has its Code, France its
governed half the civilized world, for more
than thousand years, by tho wise beneh-
ccnce of its provisions; and we may profit by
their example.
By AUTHORITY.
in the weighty responsa prntfentum? We may
find IT. in tnc written uttcraiccS of certain DIS
tlngui$hcd } nd yGs; in the heoeclaralion of Chan
cellor Walworth. IL think IT. moi only pracli-
cable, but highly cXpedcnt, to collect The gen
eral principles of the unwritten commercial
AMI other Civil law. and Of orr Equity sys-
tenn, as well as the Criminal law OF the State
now scattered through many thousand of Vo',
ulncS, OF trcutiScS commentaries, diMeSS and
reports of judicial dccisions and To arrange
them under appropriate heads, divisions and
titles, in connection with the It ilulc law on
the same subject" Again, Judge Story, who
was ut the he ID Of the Massachusetts Com
mission, To cod'fy the laws of that State, re.
ports, "that it is eXp2dient to reduce 10 Lmie
those principles and details OF the Common
Law In civil eases, which are OF dairy use ana
familiar application 10 the cumRaon business
Of lie and the resent state OF properly and
personal rights and contracts'-lo cdify the
penal law, and The law OF EVIDENCE; ana l. 0
col. Get the kn0wn rules and doctrines of the
Common Law aud give them positive legis-
latlve sanction.
OBJECTION THAT CoDIT1CATIoS WOULD BE
both USELESS AND uUETrUL.
But the opponents of codi!lcation, with our
own veneralCd Lcgare ut their head, tell us in
the spirit of the taiph Omar, that to codify
thlt which Is fixed and certain In the prlncl.
pies of the law, would be- useless. and that
which is doubtful and obscure, woul be hurt
full would be to substitute the Legislative Will
for the distilled wisdom of centuries, and 10
chain down TO the proc"ustcau bed Of the stat.
ute law, the varying and accommodating
forms OF the Common LaW-tO discard our
books, and to substitute questions OF con.
struction, for the far more philosophical
search af!cr analogics in the multitude Of de.
tons of construction arise. they are yet QucS-
tions to bc decided In the light of adiutcatcd
cases, and Il knowledge OF the old, will be nee
essary TO explain the new: and the Legislative
will, will be best interpreted in the light of
past and contemporaneous construction.
THAT IT IS TO Elk THE LAW FOR ALL TINE.
The opponents of codifcation seem to as
ST me, that 1t is 10 fix the law, sure and fast for
all time; that it is to be circumScribed in the
bounds of the present, without the reflected
lights Of the past, or the anticipated wisdom
of the future. But this is to assume what no
friend Of codification has contendcd for-that
still. This is not So The design is to con-
dense and to cryStaliZe the fruits Of past re-
search, to simplify the complex; TO bring TO
light the obscure; TO- reconcile opposing
doubts and to bring order out Of confusion !;
and rejecting what is obsolete, and retaining
all that is useful. TO digest the whole into SYM
metrical and harmonious proportions. But
the work is rot to remain In the old mouldS OF
past wisdom, hut is to be revised as revision
becomes necessary, 10 accommodate 1t to the
varying wants of a complex, and advancing
civilization. Some Of us may not live to sec
the day, but some of us may, when the Com
ing and philosophy will yet surpass the Code
of Justinian as well in the harmony and sym
metry of it's proportions, as now 1t does in the
and may merit the title Of being the noblcst
body Of laws that the world has ever seen.
ELOQUENT FLEA FOR LAw-REFoRM BY LORD
BRoUGHAM
In conclusion, we may quote the words of
the perOration OF the great speech Of Lord
l,roug ghutn in behalf Of Luw-Reform; at was
glare, in which the pertidieS Of his earlier
years were lOst,-that he found Rome OF brick
and left it of marble; praise not unworthy a
great prince, and to which the present reign
has also us GAINS Bub now nluCH uoDttT
will be the SOvereign's boast, when he shall
have it to say, that he found law dear and lett
it cheap; found it Il sealed hooS-lcft 1t liv-
ing letter; found 1T the patrimOny of the rich
left it the inheritance OF the poor; found 1t
the two-cd-cd sword of craft and OPPRESSION.
left it, the staff of honesty and the Shield of
innocence"
uoOKER'S GRAND ECLoGICM.
Wcmay also apply in part to it, the noble Gu
logy which the judicious Hooker applied to