New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1908-05-30
Law.
The Late James {. Carter on Its
Source in Custom.

Law: ITS ORIGIN. GROWTH AND FgNGT1oN'
PIP. vii, 345. G. p. Putnams Sons
In the latter part Of the nineteenth century
two great New York lawyers stood for years
opposed to each other. David Dudley fleio' as
the chief and ablest advocate of the codlncatloh
of the common law and James c. Carter, as its
leading and most influential opponent Both
were men of uncommon force OF character ana
nre-erninent intellectual qualities. Both had dis
tingliished themselves before the courts as pow
erful advocates and before the public at large as
persuasive moulders OF opinion on great puohc
questions In many controversies they were TO
he found together fighting the same SIDE;
but nothing could be more irreconcilabe thah
their views and arguments on the SUBJECT VI
the codhcation Of the common law.
Mr. Field not only firmly believed that the
whole of the common law could be so orehs anu
definitely stated as to be embodied WITHIN the
limits OF single volume of moderate size anu
enunciated in terms so clear and untechnicai
that all could understand, but he did himself
as the head of a commission appointed by the
New York Legislature, produce work WHICH,
he insisted had accomplished that purpose Ihe
hin m enact this work into a Civil Code was
messed upon several legislatures II passed one
house or the other at several sessions anu oiioe
| It passed both the Assembly and the SENATE anu
only the veto of the Governor prevented II from
Incoming the law of the State OF Ne" 10TH pN
statutory mandate ~
The majority of the members OF the bar a
,.,or NJ this city, particularly Of its older and
more Influential members were opposeo ~ '''e
aroc,nent of the Field code, as 1t was com
,a and q committee appointed,
-, r.roas @ Carter its chairman, 10 oppose
~, rim as it was introduced in successive
,aa,s,atures short time before his dea'h MI.
co-,ar wrote the following concerning lawn
nu5lev Field and the problem tha' 'oi'' o'''''
the Bar Association committee
This eminent lawyer man OF great n nsrftcn
ual audaety fR enhn He Would tolerate the
sgeestion that there was any uis fnrno the entire
hc9f of The law which governs the private e, Il esd
lions He ins asme e' Of Very size
and mat adoption w% Vomiting that pTodigous
sede of judicial president which hS 80 deemed
psf Of the Of egeTy
iae law library. Moved oy ane SO prodigious
Of confeng s suppose of achieving for his pwh
n name IKE that be Sf fSrew himself the
nnserprise procuring the energy and
posed e% Gears with he utmost aborioua
made the &c, - Burden happened to fall upon i'S
''l1 ,.,ors incident to that opposition e'sh'u-
l"e =. ,be nreparation of the present "oi n
any GO, in the subject was so sfe"' TIC"
i- -. question OF the enactment .. lie
a. - eoectually disposed o. MI
-. series OF pamphlets anu " =.
" aa-aeses on the subject MS i
&c ID close friend Mr.. Lewis - NeuS ".N' 800
-,,-exo+orv Note" TO the present 'oiulio'
fre-"''' ,a- after his retirement from ac
| - practice determined 10 ue' - I'm,
~ ,.re to writing a somewhat MUS
| HE ra complete expression OF his VIC" ''
POI -. than had been contained IN MS ioi
'Pese ,,a,s and addresses. but at tiie sus
hie. 20 President Eliot of Harvard UNIV
s.,..,ttu,ed for this proposed WORK 7 y.
] - ,o he delivered before the Ia"
that university. . u-ohruarv 1905 He had
"a the first draft OF THESE iectuie . .
AVS before the beginning OF MS nas, ~
lie" "' o,,bough he had not made a hhai re-
ness anu t,s executors have carried out
VISION Va -. be expressed before he died tha'
the he published as he had prepared
INC ~ one who frequents heard MI cai'ei
ih an s.temporaneously, neen DE 'oiu ina
/ ,.ures as they appear Ia inns pun"
/ ti' =. nm evidence OF haste anu re'e"i 'i'
a.,ess of literary form MI al 49,,
,.s death not only ranked eashs " ~
/ - of the American par pu' wac 49,,
leaoei -. his mastery of the art OF forcefut
e,d feIicitous expression Inc Dea'.' o. - ,,a
anu .,,,,e are manifested In every one Oh me
OF ms y..,r.s published in this volume ana
TIM 'e,s I'm the mind of the reader OF them
| INC -,.,ion that II would indeed De great
/ tiie I'm should be able TO refute MS arsu-
/ logician WHO
| rraents. ,,o, ,ur,be, than a mere
a,,eca,ton of the proposition that the com
- ,.r liz founded on custom. ne Des"'7
mon ,i.,ure Of early society. even in bar
,.rsan times. when the unit OF "'s :,
tsn,,,v before there is permanent pohucAa