of long established usage, the veneration paid to antiquity, (so different from our country, where all is new, and the philosophical characteristic of the people, in every pursuit of life, bids them to welcome any change that promises to be salutary;) and finally, the immense power of the legal profession and its numerous retainers, who see, or imagine that they see, ruin to their vocation, as consequent on the proposed changes. These inquiries being carefully and dispassionately made, must, we think, result in the conviction that whatever may be decision of wisdom, or of policy in the old world, the government, the people, and the legal profession of this country, have nothing to fear from Codefication. We close this Division of our subject with the promised enumeration of the principal Sources on the subject of Codefication and Amendment of laws.

SOURCES ON THE SUBJECT OF CODEFICATION, AND THE

AMENDMENT OF LAWS.

[These sources we have arranged, somewhat chronologically, under the three heads, viz. British, American, Continental, and with reference also to the larger divisions of the subject-such as Chancery Reform, Real Property Reform, Reforms in Criminal Law, Reforms in Practice, Pleading, &c. Under these heads the student will find, not only the more important treatises, essays, proposals, and reviews of the same, in respect to codefication-but the titles of the principal Codes, Consolidations, and Amendments, which have gone into actual operation.]

I. BRITISH.

1. Lord Bacon's Proposition for Compiling and Amending the Laws-Offer of a Digest of the Laws-Ordinances in Chancery for the better administration of Justice in the Chancery Court. Vide Bacon's Law Tracts, London, 1741.

2. Lord Hale's Considerations touching the Amendment of Laws. Vide Hargrave's Law Tracts, p. 249.

3. Norburie on the Abuses and Remedies of Chancery. Harg. L. Tracts, p. 425. 4. Sheppard's Essay, entitled England's Balm, or Proposals for the Regulation of the Law, and better Administration of Justice. London, 1651.

5. Bentham's Works-passim,-and especially his Codefication Proposal addressed to all Nations-his Letters to the Citizens of the United States, and his Rationale of Judicial Evidence.

6. Sir Samuel Romilly's Objections to the Project of creating a Vice Chancellor, 1812. 7. Montague's Selection of Opinions on the Punishment of Death. London, 1812, 3 vols.

8. Montague's Thoughts on the Punishment of Death for Forgery. London, 1830. 9. Miller's Inquiry into the Present State of the Civil Law of England. London, 1825.*

10. Byles' Discourse on the Present State of the English Law. London, 1829, p. 42. 11. Twiss' Inquiry into the Means of Consolidating and Digesting the Laws of England. London, 1826, p. 82.

12. Butler's Memoir of D'Aguesseau. Chapter the sixth. London, 1830.

13. Uniacke's Letter to Horace Twiss, Esq. in reply to his 'Inquiry,' &c.

14. Uniacke's Letter to the Lord Chancellor on the Necessity and Practicability of a Code.

15. Mr. Brougham's Speech on the Present State of the Law. Feb. 1828.†

16. Lord Brougham's Speech in the House of Peers, Dec. 1830, on the Bill to reform

the Legal Abuses of the Country.‡

17. The Province of Jurisprudence Determined, by John Austin. London, 1832. 18. Thomas' Treatise on Universal Jurisprudence. London, 1829.

19. Dodd's Letter to Mr. Peel on some of the Legal Reforms proposed by Mr. Brougham, 1828.

20. Reports made to the House of Commons by the Committee appointed in 1811, to inquire into the Causes that retard the decision of Suits in the High Court of Chancery.

21. Parliamentary Proceedings as to the Court of Chancery, &c. by C. P. Cooper London, 1828, 1 vol. 8vo. p.p. 436.||

22. Lettres sur la Cour de la Chancellerie, et quelques points de la Jurisprudence Angloise, par M. C. P. Cooper, Avocat Anglois. Londres, 1828, 1 vol. 8vo. P.p. 354.

23. Parke's History of the Court of Chancery, with a view to Amendments. London 1828.§

24. Parke's Equity Jurisdiction of North America. London, 1830.

25. Sugden's Acts relating to the Administration of the Law in Courts of Equity, passed 2 George IV. and 1 William IV. with Notes by W. Jemmett. London, 1830-vide also 4 Vol. Law Magazine, 409.

* See Review of this work, 1st vol. London Law Magazine, p. 32, 185.

+ Vide Review of this Speech, 2d vol. English Jurist, p. 1.

Vide Review of this Speech, 5th vol. Law Magazine, p. 1.

| Vide Review of this work, 2d vol. English Jurist, p. 81, and 1st vol. London Law Magazine, p. 349.

§ Vide Review of this work, English Jurist, vol. 1, p. 446.

26. Parke's Contre-Projet to the Humphreysian Code, and to the Projects of Redaction, by Messrs. Hammond, Uniacke and Twiss. London, 1828.*

27. Wellesley's View of the Court of Chancery. London, 1830.

28. Jones' Suggestions for a Reform in the Court of Chancery. London, 1834. 29. Dr. Reddie's Letter to the Lord Chancellor-Mr. Humphrey's Reply to the same

and to Mr. Cooper.†

30. Humphrey's Observations on the State of the English Law of Real Property,

with the Outline of a Code. London, 1826.‡

31. Haye's Letter to the Right Hon. R. Peel on the Law of Real Property. London, 1825, p.p. 48.

32. Haye's Popular View of the Law of Real Property, in reference to a General Registration. London, 1831.

33. Beaumont's Observations on the Code for Real Property, proposed by James Humphreys, Esq. London, 1827, p.p. 77.

34. Remarks on the Expediency of Framing a New Code of Laws for Real Property, by a Barrister of the Inner Temple. London, 1827, p.p. 45.

35. Dixon's Observations on the proposed New Code, relating to Real Property. London, 1827, p.p. 59.

36. Swinburne's Strictures on the Conduct and Competency of the Real Property Commissioners. London, 1831, p.p. 12.

37. Swinburne's Letter to Mr. Peel, respecting the English Law of Inheritance. London, 1827, p.p. 64.

38. Reports of the Commissioners on the Amendment of the Law of Real Property, 2 vols. 8vo.

39. Mewburn's Observations on the Second Report of the Commissioners on Real Law. London, 1831.||

40. Cooper's Notes respecting Registration, and the Extrinsic Formalities of Conveyancing. London, 1831.

41. Hammond's Digest and Consolidation of the Law of Forgery, 1823, enlarged 1806. 42. Alphabetical Arrangement of Mr. Peel's Acts, 12mo.

43.

The following Articles in the London Jurist, 1827, 1828, Vol. 1, Art. I. ‘On the New Criminal Code,' p. 1. Art. II. 'Progress of Jurisprudence and Codefication in the United States,' p. 22. Art. IV. 'On the Consolidation of the Bankrupt Laws,' 6 Geo. IV. ch. 16, p. 51.§ Art. VII. 'Proposed Alterations in the Courts of Common Pleas and Exchequer,' p. 91; also, 'Parliamentary Proceed

* Vide Review, 1st Vol. Law Mag. p. 613.

+ Vide Review of these, London Jurist, 2d Vol. p. 125. Vide Review of the same, 1st Vol. Law Mag. p. 613.

|| Vide Review of the same, 5th Vol. Law Mag. p. 181. § Vide also London Law Mag. Vol. 1, p. 64.

ings and Papers,' p. 131 to 151, and p. 305. Volume 2, Art. III. 'Codefication in the United States,' p. 47. Art. IX. 'Review of the New Ordinances in Chancery, p. 137.

44. Juridical Letters by Eunomus, addressed to Mr. Peel on the Subject of Law

Reforms. London, 1820.*

45. The following Articles in the London Law Magazine-Volume 1, 'Principles and Practice of Pleading,' p. 1. 'Reforms in Chancery,' p. 32. On Lord Lansdown's Act for Consolidating the English Statutes relative to offences against the person,' p. 129. 'Abstracts of recent Statutes,' p. 168-426. 'Practice of Courts,' p. 185-454. 'Reforms in Chancery,' p. 349. 'Codefication Controversy, p. 631. Queries on Pleading,' p. 672. Volume 2. 'On the First Common Law Report respecting Practice in the Superior Courts, Feb. 1829, p. 134. 'Abstracts of recent Statutes,' p. 207. 'Proposed Forms of Process,' &c. p. 211. 'Codefication Controversy,' p. 227. 'Letter on Mr. Humphreys,' p. 230. Proposed Amendments in the Law of Arrest for Debt,' p. 311. 'Propositions of the Real Property Commissioners,' p. 449. 'Report of the Real Property Commissioners, May, 1829,' p. 597. Volume 3. 'Real Property Report Continued,' p. 1. 'On the Second Report of the Commissioners, respecting the Practice of the Supreme Courts,' p. 396-(See above Volume 2d.) 'Abstract of Recent Statutes,' p. 578. Volume 4. 'Abstract of Recent Statutes,' p. 220-487. "On the Second Real Property Report, June, 1830, p. 247. Volume 5. 'Registry Question,' p. 81, 190, 198. 'Abstract of recent Statutes,' p. 247, 505, 518. Volume 6. 'Law Reform in America,' p. 127. 'New Rules and Forms of Practice,' p. 225. 'Queries Respecting Imprisonment for Debt,' p. 235.

11. AMERICAN.

1. Sampson on Codes and the Common Law. Washington, 1826, 1 vol. 8vo. p.p. 202. [William Sampson, Esq. of New York, was the first in our country to fix public attention on the subject of legal reforms. In this cause he laboured assiduously for many years, with a more than Bentham zeal, and may justly be regarded as the great promoter of the legal amendments, the codes, and consoliHis invectives, however, dations that have so far taken place among us. against the Common Law, were often injudicious and indiscriminately severe, and his love of ridicule frequently took the place of prudence, of reason and of useful learning. In the above volume (a miscellany which gives a tolerable view of Mr. Sampson's exertions in this cause,) will be found-1st, an Oration; 2d, a Review-each setting forth in high relief the refinements, absurdities and antiquities of the Common Law, and the evils in the practice of the English

* Vide also Law Mag. Vol. 3, p. 388-Vol. 5, p. 174.

Courts-all of which, he contends, have exerted a very prejudicial influence on our own jurisprudence; 3d, a Series of Letters on the Subject of Codefication, which passed between him and Dr. Cooper, of South Carolina; Charles Watts, Esq. of New Orleans; Governor Wilson, of South Carolina; Judge Workman, of Louisiana; George Bibb and A. Talbot, Esquires, of Kentucky, and other collaborators in the cause.]

2. Grimke's Address on the Practicability and Expediency of reducing the whole Body of the Laws of South Carolina to the Simplicity and Order of a Code. 1827, p.p. 31.

3. Sampson's Letter to M. Dupin, of Paris, and M. Dupin's Reply; April and June, 1826.*

4. Speech of the Hon. J. L. Wilson in the Senate of South Carolina, on the Expediency of a Code. New York, 1827, p.p. 44.

5. Report of the Senate of South Carolina, on the Subject. Columbia, 1827.

6. Report of the Revisers of the Laws of the State of New York, November, 1827. 7. New York Code, or Revised Statutes, 1829, &c.

8.

The following Articles in the American Jurist:-Vol. 1. Art. VI. p. 310-'On Mr. Brougham's Speech on the Present State of the Law.' Vol. 2. Art. V. p. 79-'Proposed Amendments of the Law as to Damages on Bills of Exchange. Vol. 4. Art. I. p. 1-'Reforms in the Criminal Law of England.' Vol. 5. Art. II. p. 23-'Written and Unwritten Systems of Law.' Vol. 6. Art. VII. p. 104— 'Larceny accompanied by Breach of Trust.' Art. VIII. p. 116-'Proposed Insolvent Law of Massachusetts.' Vol. 7. Art. IX. p. 80-'Improvements in Pleading.' Art. III. p. 298-Improvements in Pleading and Practice.' Vol. 9. Art. I. p. 1-'Written and Unwritten Systems of Laws.' Art. II. p. 289'Legal Reform.' Vol. 11. Art. II. p. 289-'Imprisonment for Debt.' Vol. 12. Art. I. p. 285-"The alleged Uncertainty of the Law.' Vol. 13. Art. VII. p. 344-Revision of the Laws in Massachusetts."

[All of the foregoing Articles (but particularly the last) are eminently entitled to be carefully read, and cannot fail to present to the reader a clear view of the present state of Law Reform in the United States.]

9. The Massachusetts Code. [Not yet promulgated.]

10. Livingston's Introductory Report to the Code of Prison Discipline; prepared for

the State of Louisiana. Philadelphia, 1827. System of Penal Law for the United States, 1 vol. fol. Washington, 1828. Penal Code of Louisiana. New Orleans, 1822.†

*Vide English Jurist, 1828, vol. 2, p. 55.

† Vide ante p. 439; also 5th vol. Westminster Review, p. 58, and North American Review, vol. 17, p. 242.