The following article is extracted from the January number of the "Monthly American Journal of Geology and Natural Science;" conducted in this city, "by G. W. FEATHERSTONHAUGH, Esq." GENERAL REMARKS ON THE CONSTITU ENTS OF PRIMARY ROCKS. Having personally visited most of the localities mentioned in this table, we have had occasion to observe how generally the erroneous designation of trap, is given to some of the varieties of hornblende rocks, and as some of our correspondents have also requested informationservice to our readers by entering into such details of from us on this subject, we have thought to render a the primary rocks, as may enable them to judge with success for themselves, of the proper names to give those varieties which fall under their observation. We have spoken of felspar as forming the principal mineral in granite, with quartz and mica; when it is compounded with the mineral called hornblende, it constitutes that class of rocks of which we have spoken as extending from Philadelphia to Wilmington. Hornblende, called by the French, amphibole, is heavier than quartz or felspar, and when scratched, gives a light green streak. It contains a great proportion of magnesia, which felspar has not; and when the quantity of magnesia is increased, it passes into serpentine. The Germans call these combinations of felspar and hornblende, grunstein, or greenstone, especially when they have a granitic structure. When hornblende forms the principal part of such rocks, they take a greenish black colour. When it is combined in lamellar grains with felspar, it is called sienite. In some instances, as at Quarryville, on the Delaware, near Wilmington, the felspar is in beautiful resplendent lamellar crystals, of an oval form, and of a lightish red colour. This in the common language of mineralogy may be called a porphyrytic greenstone. We have on this continent a very extensive geological limit, constituted of primary rocks and their subordinates. It constitutes an inflected line, commencing in the north, and passing southwardly from the indented shores of Maine, New Hampshire, Massachusetts, Rhode Island, and Connecticut, to the city of New York, of which it forms the base. Thus far, this limit is bounded by the ocean, and has for its general mineralogical character, the rocks commonly called granite and gneiss. There are many varieties of these two rocks, occasioned by the varying proportions in which their respective constituents are found together. Granite has for its constituents; felspar, quartz, and mica, and in general, granites are distinguished by having a much greater proportion of felspar, than of either of the other two minerals. Sometimes the felspar is formed into well defined crystals, either white or red, it is then called a porphyritic granite. The quartz of such rocks is usually of a glassy lustre, and in very irregular shaped grains. The mica is disseminated in it, in small blackish or silvery scales. Granite rocks of this character, although they pass gradually into gneiss, differ remarkably from it in one particular, all granite being massive. When the predominating mineral of the granite, felsWe have remarked, that the erroneous designation of par, decreases very much, and the mica greatly increa- trap, has been given to these hornblende rocks; and ses, and its innumerable plates become formed into this no doubt, has grown out of there being an intimate well defined parallel layers, then granite losing its mas- combination, in some instances, of hornblende and felsive structure, splits in the direction of the mica, and spar. This is also the case with the rocks which have becomes a true gneiss, recognizable by the eye, by the received the generic name of trap, from their dividing parallel lines it externally bears. Students in geology into prismatic forms, and forming steps or stairs. (Trapwill also observe, that the granite we have been describ-pa, in the Swedish tongue, means a stair.) Cabinet speing, is always found subjacent to the gneiss, and indeed, cimens of these respective rocks, sometimes resemble from no other rock being found inferior to it, granite is each other so closely, that they would puzzle a good considered as the basis of all the primary rocks; and practical geologist to decide whether they did not begneiss, from the constancy with which it is found repos- long to the same class of rocks. There is also another ing upon the granite, is considered the next in order of mineral, augite, which combines with felspar in the succession. When the principal constituent parts of same manner that hornblende does, and which is difficult gneiss, quartz and mica, are finely combined together, and to distinguish from it. The dark black basalts, which have a yellowish or greenish lustre, then they form a rock geologists are now agreed, have the same origin as the which splits into tables easily, and is called mica slate. true trap, are composed of felspar and augite, finely Sometimes the plates of mica in this rock are larger, and combined, with sometimes grains of the mineral called then they form a mica slate of a coarser character. olivine, and black oxide of iron. However these greenMica slate is the third rock in the order of succession. stones may resemble in their constituent particles, the There are other rocks in this marine part of the geo- traps-now universally admitted to have had an origin logical limit, occasionally found subordinate to the three of the same nature with lava, of modern times-an exmembers of the primary rocks we have enumerated; perienced geologist can at once decide when he obthese are principally the hornblende, serpentine, and serves them aperto campo. Nothing can be more disthat calcareous formation usually called primitive mar- similar with the massive hornblende rocks, fronting the ble. As the gneiss, which is the base of the city of Delaware river,—and undoubtedly associated with the New York, re-appears across the Sound on Long Island, primary rocks,-than the true trap on the Hudson riso the serpentine, which is found massive at Hoboken, ver, at the Palisades, that at Hartford and New Haven, on the Jersey shore, re-appears on the east side of the in Connecticut, and that at the Passaic falls, New Jerriver not far from the city of New York. sey, all of which overlie secondary rocks. To call the hornblende rocks then, of which we have been speaking, trap, is to confound very important geological distinctions. The various combinations of felspar and hornblende, and felspar and augite, have produced the rocks called greenstone, sienite, trap, and basalt; together with all the varieties which a change in the proportion of constituents occasions, such as are clinkstone, pitchstone, amygdaloid, and other porphyries. At Philadelphia, we find this line of primary rocks inflecting inwards from the coast. Near the Public Water-works, a well defined gneiss-not different from that at the city of New York-is quarried extensively for foundations of houses. Associated with this, is the Hornblende, which appears close to the Water-works, and stretching to the south and west, fronts the Delaware river, as far as Wilmington, in the state of Delaware; whence it can be traced inland, in the neighbourhood of Baltimore, and much farther into the southern states. The varieties of these hornblende rocks are very great; and as it is of these the Delaware Breakwater is now constructing, we have thought it due to the communication which Major Bender has favoured us with, to accompany his table of specific gravities, with some remarks on the mineral nature of these rocks. To these rocks formed of hornblende and felspar, the French have given the name of diabase; and to those basaltic compounds, into which augite enters, they have given the name of dolerite. We know of no name more appropriate to the rocks we have been considering than hornblende rocks, because hornblende is chiefly found combined with felspar, when associated with the primary rocks; whilst augite is more peculiar to rocks of acknowledged volcanic origin, although hornblende is also found in them. The term disbase, is applicable to any rock having a double base, and we, therefore, prefer a name that expresses at once the mineral to which the rock owes its distinctive character. We trust that this subject will receive proper attention from Messrs. Conybeare and Sedgewick, in the continuation of that admirable work, The Geology of Eng. land and Wales, of which the first volume has already given so much distinction to the name of Mr.Conybeare. Since the history of the primary rocks can receive no assistance from organic remains, we have nothing left to determine with accuracy the character of those rocks but their constituent minerals. And as the English language on this continent and in Europe, is destined to be spoken by the most important family of civilized society, we trust those gentlemen will give appropriate scientific names cognate to the English tongue. despair of a universal nomenclature, and the sooner we have a well considered one, accommodated to our own overspreading language, the better. We We now proceed to give the table of specific gravities of the rocks used in constructing the Delaware Breakwater, for which, together with the preliminary information, we are indebted to that intelligent officer, Major BENDER, of the United States Army. -- EDITOR. SPECIFIC GRAVITIES OF THE ROCKS USED Communicated by Major GEORGE BENDER, United States Army. on the Delaware, between Wilmington and Crum creek, 3,020 3-4 Hornblende or Quarryville, north of 2,990 1-2 road to Wilmington, 2,668 do. near the river, Vicinity of Marcus Hook, north, do. 2.751 1-2 do. do. do. do. 2,618 Young's Quarry, Chester creek, do. do. 2,700 Clark's do, do. do. 2,764 1-2 Worral's do. do. Greenstone. do. 3 do.. 4 south do. 5 66 Naaman's Creek, south do. do. north do. 2,680 1-2 do. do. 8 9 10 do. do. do. 13 14 Smith's Murray's on Ridley creek, do. do. 2,713 1-4 do. do. do. do. Burk's do. do. do. 2,700 20 "The two straight insulated stone dikes which form the work, are constructing on a clayey anchorage ground, in a depth of water from twenty-seven to thirty-four feet below the lowest spring tides. The principal one is to be twelve hundred yards in length, measuring from a point five hundred yards distant from the line of twenty-four foot water, near the extreme point of Cape Henlopen, and running in a W. N. W. direction from said point. At the distance of three hundred and fifty yards from the westernmost end of this, the other has also been commenced, and is to run W. by S. 23 "J.L.Crosby's do. north 2,664 five hundred yards. These dikes, or islets of stone, are both to have a height of five and one-third feet above the highest spring tides, with a breadth at bottom of one hundred and sixty-seven feet, and at top, twentytwo feet. The inner slope is made to assume an angle of forty-five degrees, while the outer has one hundred and six feet base to thirty-nine altitude, and being covered with blocks of stone weighing from three to five tons, and upwards, from six feet below low water, to the summit, is such as experience as has shown that the sea will break upon, without disturbing the materials. These dikes will in no part be more than about one mile distant from the shore, and when completed, will afford a shelter from the waves over seven-tenths of a square mile, having a depth of water of eighteen feet at lowest springtides. That portion of the compass from E. to W. round by the south, is protected by the formation of the shore. The whole work will constitute an aggregate mass of about nine hundred thousand cubic yards of stone, the largest portion of which is to be in pieces exceeding a ton weight each, and although a smaller work than those of either Cherburg or Plymouth, yet from the comparatively great distance from whence the material is obtained, it is one of necessarily slow execution. south do. 2,649 27 "Hill's do. do. do. 2,786 1-4 Hornblende or "do. (Island Field) do. 2,805 1-4 "Palisades at Fort Lee, Greenstone. do. Hudson river, 2,990 1-2 Claster do. 2,968 3-4 Nyack do. 2,955 1-4 WEST CHESTER, March 21. A western paper speaks of a visiter who breakfasted at the table of Mr. JOHN M'INTYRE, Indiana, where was present a healthy Scotch lady, 120 years old. Her sight was better than it was at 90-30 years ago. She came to Philadelphia, in 1727. On Saturday morning going through our market, at sun-rise, the veteran soldier WALLACE was there, moving about quite alert. He is a Scotchman too, now 102 years old.-Village Record. LICATION OFFICE, IN FRANKLIN PLACE, second door back The country for many miles around being a sandy alluvion, the contractors for supplying the stone commenc- Printed every SATURDAY MORNING by WILLIAM F. GEDed with bringing it from the Palisade rocks on the Hud-DES, No. 9 Library Street. Philadelphia; where, and at the PUBson river; but the tediousness of the navigation, which consumed upon an average, ten days for each trip, retarded the first season's operations very much. Since then, the largest portion has been obtained from quarries of the Post Office, (front room) subscriptions will be thankfully received. Price FIVE DOLLARS per annum, payable annually by subscribers residing in or near the city, or where there is an agent. Other subscribes pay in advancer, REGISTER OF PENNSYLVANIA. DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE. EDITED BY SAMUEL HAZARD. VOL. IX.-NO. 13. PHILADELPHIA, MARCH 31, 1832. SECOND REPORT OF THE COMMISSIONERS APPOINTED TO REVISE THE CODE OF PENNSYLVANIA. NO. 222. to refer them were indicated. We were at that time fully sensible that convenience to ourselves as well as a satisfactory execution of the duties with which we were charged would have been promoted by a connected consideration and simultaneous report of the entire subject of the law of decedents. But our earnest desire To the Senate and House of Representatives of the Com-speedily to accomplish, as far as was practicable, the monwealth of Pennsylvania. ̧ GENTLEMEN-The commissioners appointed in pursuance of certain resolutions adopted by the legislature, on the 23d March, 1830, "relative to a revised code of Pennsylvania," have transmitted to me their second report, which I hasten to lay before the two houses for their consideration and approval. Harrisburg, March 5th, 1832. GEO. WOLF. SIR-We have the honor to transmit to your excellency a second report-prepared in pursuance of the reolution of the legislature of the 23d of March, 1830 -comprising two copies of each of the following documents, viz: 1. A report, in part, on the subjects of the statute law generally, and the administration of justice. 2. A bill relating to last wills and testaments," with accompanying remarks. 3. A bill relating to the descent and distribution of the estates of intestates," with accompanying remarks. 4. A bill "relating to executors, administrators and collectors," with accompanying remarks. We beg to assure your excellency that we shall continue to give to the important subjects of our commission our earnest and united attention. And we remain with great respect, your obd't. scr'vts, W. RAWLE, T. J. WHARTON, To his Excellency, GOVERNOR WOLF. NO. I. Report, in part, on the Statute Law generally, and the administration of justice, &c. views of the legislature in respect to this branch of the then prepared, leaving to a future report those portions law, induced us to report only such parts of it as we had of it, which we had not then sufficiently considered. In reference to the bills then presented and the subject with which they are connected, we took occasion further to remark, that had it not been for the express directions of the legislature to report at that time, we should probably have reserved the subject to the last and have given it the utmost deliberation that our limits would allow. This sentiment (expressed in reference to the difficulties attending this part of the revision) we have seen no occasion to change. No portion of our law presents more obstacles to the successful execution of the intentions of the legislature in respect to the revision. It would be easy to show the causes to which they are to be ascribed; but we pass to observe that in addition to the inherent difficulties, it was impossible by reporting that part only of the subject which was thus expressly required, to exhibit fully in every instance the scope of the new provisions which were suggested, nor the manner in which it was intended they should in all respects operate. We were obliged also to depart in some degree from that strictness in classification which we deem it important to observe. To obviate this inconvenience, however, we have taken care so to frame these several bills as to admit of recompilation without any material alteration of the text and with a strict regard to systematic connexion and dependance. The three bills now reported are entitled: An act relating to last wills and testaments. An act relating to the descent and distribution of the estates of intestates. An act relating to exccutors, administrators and collectors. These bills, together with those before reported, contain all the provisions of the acts of Assembly and British statutes in force, which relate to the disposition and settlements of the estates of deceased persons, with the exception of a small number, which may be advantaTo the Senate and House of Representatives of the Com-geously referred to other titles, with which they are almonwealth of Pennsylvania, in General Assembly met: We the undersigned commissioners appointed to revise the Civil Code, respectfully submit herewith our second report. In the communication which we made in this behalf to the Legislature at the last session, we took occasion to say that it had been our intention, if time should allow, to prepare and submit with the bills then reported, other bills containing a revision of all those acts of Assembly which are commonly considered a part of the system of law relating to the Orphans' court. We also stated in explanation of what might seem omissions, that such a course was necessary to a full development of our views of arrangement: some of the omitted acts were specified and the titles to which it was intended VOL. IX. 25 so connected. We have compiled them from about sixty different acts and statutes. We have bestowed much time and careful consideration in preparing them, and although we do not flatter ourselves that they will be found in practice free from imperfections, we cannot but hope that they will be thought to contain some improvements, not only in the form, but in the substance of the acts, which they are intended to supply. In the recompilation of statutes, the value of method in the distribution of the subject matter and of precision and conciseness in expression, is, as we have intimated, too great to be overlooked. We have endeavored constant ly to keep these objects in view. It should be remark. ed, however, that it is impossible in all cases, unless we adopt the method of a code, to render the scheme of an act in respect to the arrangement of its provisions statute in relation to the general system of legislation and the jurisprudence of the courts. The whole is one texture, one frame work, in which apparently small matters must not be unwarily altered. Not only must the import of isolated expressions be considered, but their import also in the connexion from which it is proposed to remove them and the effect which may be expected to result from the new combination. It has not unfrequently occurred to us in the compilation of bills to vary expressions or transpose clauses in one bill or one section of a bill, for the purpose of controlling the effect of provisions contained in another. perfectly obvious. Many of the English statutes relating to the same subject, have been enacted at long intervals for the purpose of amending the common law or supplying particular defects, and must be considered in connexion with it, to discover the just medium of dependance. As we do not suppose it our duty to reduce the common law to the text of statutes, we have been content in such cases to collect and collate all concurrent statutory provisions, and to reduce them according to such method as seemed to us most obvious to one clear and uniform act. In the phraseology of statutes there are difficulties of serious import. Language is not adapted to the expression of thought with rigorous This method is not new, nor are its results impercepexactness, and in many cases the connecting link be- tible or even obscure. It is essential, not only to extween the expression and the intent, must be left to be actness, but also to perspicuity and brevity, and is one supplied from the general scope of the provisions. Yet of the most effective means of dispensing with qualify. much and perhaps most of the verbiage of statutes and ing clauses in the form of provisos. This last remark acts of Assembly owes its origin to an attempt at abso- is submitted with a view to suggest the principles upon lute precision. Conciseness in expression and brevity which many clauses in the bills now reported have been in the enactment have been lost sight of or designedly adjusted. We beg leave most respectfully to add that sacrificed to this important but unattainable quality. the substitution of clauses apparently synonymous, may Yet it may be doubted whether the verbose and parti- not in all cases, be in their general bearing and effect excularizing style of modern statutes has not contributed act equivalents. We do not wish to be understood howrather to obscurity than to clearness, and much more ever, that this remark is referrible to every portion of whether the most verbose of our laws are the most clear. these bills, nor that every section or provision is essenWe have, however, retained substantially, the style of tial to the integrity of the system. Many of the new former legislation, believing it preferable to the senten-provisions may be expunged without impediment to the tious method of some modern codes. In this particular successful operation of the residue; in short, we have we conceive, we had not entire discretion, yet we have endeavoured so to combine, whatever may be newly not hesitated to omit whatever did not appear requisite proposed with the existing provisions of the law, that to precision, according to the ordinary and approved the former may be extracted, without marring the latter: usages of language. This operation is often connected we intend by the remark, merely to suggest the general with a more difficult and responsible one, viz: that of views by which we have been guided, as a just rule or blending the provisions of the different acts into new medium of interpretation. In the remarks annexed to expressions, retaining as far as possible the very text, these bills, we have been careful to point out such porand the entire body and substance, with such alterations tions of them as are new and briefly to assign the moonly as are essential to its new form and arrangement. tives upon which they are grounded. In this place we It has been said that the exposition of a statute is one of will say, however, that it has been our intention to avoid the most difficult efforts of the mind. This is to us a material alteration in the principles of the law. It is constantly recurring duty. No statute or act can be an extraordinary case, we think, in which a radical alrecompiled in the method directed by the legislature, teration in a rule of property would be expedient. until we have performed in relation to it a duty not "These are very sound and ought not to be touched." very dissimilar from judicial exposition, when it is re- We do not say that such cases may not exist, "for there collected that the revision proposed, comprizes English are some things that are really and truly parts of the statutes from the reign of Henry III, to George II, as law which are as necessary to be reformed as the errors well as the whole extent of our own legislation, that and abuses of it." We do not think that such parts many of the statutes relate to subjects, not now entire- will generally be found to concern the rules of properly familiar to the profession of the law in this country ty or the theory of the law as a science. We can sce or in England. That many of our own early acts of no advantage which will be likely to result from recastAssembly have not, so far as the reports of the judicial ing the law upon different conceptions of first princidecisions show, received a construction. It will be easi- ples, or from abolishing theories, because they owe ly conceived that this part of our duties is not incon- their origin and principal significancy to a different considerable. In regard to the English statutes, there is dition of society. besides this, a previous duty to be performed, viz: to decide which of them are actually in force in this commonwealth. Here it is true, we have a useful guide, in the very valuable report of the judges of the supreme court, made in obedience to a resolution of the legislature adopted on the 7th day of April, 1807. This report, however, has not been considered as conclusive, and indeed was not so considered by the learned judges, who made it. In the progress of our duties, it will, however, be incumbent on us to act definitively, and with the expectation that the report which we may ultimately make upon the subject, will be followed by a repeal of all statutes of a foreign origin, we beg leave to refer to that report, for some observations relative to this branch of our duty. It would be comparatively easy to recompile the statutes in the very words, or, if it were compatible with the intention of the legislature, and the due execution of the trust reposed in us, to digest the subject matter of them without a very scrupulous regard to their precise import and bearing: This would be an effort of a different kind, both in respect of the performance and of the result. The injunctions of the legislature, are however, explicit. The due execution of them requires us to consider each act and The changing relations, customs, and intelligence of communities, exert an irresistible force in operating a change upon their laws: the change therefore is in the substance the names and theories remain by a force equivalent to the force of language. We might specify many examples, but we choose rather to close this portion of our remarks, with expressing in general terms a doubt of the expediency of disturbing matters of theory, or any of those deeply laid principles of the law upon which the modern as well as the ancient structure was reposed. The bills now reported do not indeed bear so intimate a connexion with the portion of law just alluded to, as some which remain, and the alterations proposed in them, relate rather to the administrative portions of the law than to primary or abstract principles. In these, the public at large have not the same kind or degree of interest; yet it is due to those who are principally concerned in the administration of justice, to make no change without sufficient motive, nor then, except in such method as shall produce least inconvenience. The alterations suggested, it is believed, are in accordance with these views. We beg leave to add one other remark: extensive alterations in the law, although such alterations consist merely in the ex 1832.] It is impossible from the nature of things, and of lanternal form and arrangement, cause least inconvenience when gradually and successively promulgated. The re- guage, to pen a body of laws, which will speak unammark is more emphatically true, when alterations in sub-biguously their intent under all combinations of circumThe courts must be called in as interpreters, stance or in the forms of proceedings, however slight, stances. have been made. In regard to the revision generally, even if there were no other occasion for their interpowe have to state that considerable progress has been sition. But add to this the ceaseless activity of socie made. Many draughts of bills have been prepared for ty; its multiform relations and ever varying emergencies joint consideration, in pursuance of the distribution of bid defiance to the tady progress of legislation. Mulsubjects made by his excellency the Governor. It was tiply positive rules to any extent, it is also to multiply believed that the whole of this portion of our duties, occasions for judicial interpretation; and to whatever might have been performed by us in the time limited limit legislation may be carried, beyond will be found However large the sphere by the resolution. Experience has taught us, however, an undefined region, which must remain open to the octhat our separate efforts are far less arduous than those cupancy of the courts. which must be performed jointly. Many of our duties which may be filled by positive laws, the common law cannot well be attempted until after a careful examina- is an exterior and circumambient medium: it also pertion and full debate. We beg leave to mention some of vades the very body of them, and is the agent which them. The judges of the supreme court in the report gives vitality, activity, and energy to their provisions. before alluded to, have specified nearly twenty statutes It is equally essential to the life and spirit of the constirelating to disseizin, and the remedies by assize. In re- tution as to an act of assembly. The stat. 13 Ed. 1, That stapeated instances have the judges of the same court de- Chap. 24, concerning writs in consimili cusu, was a leWe will refer gislative acknowledgment of this doctrine. clared this ancient remedy to be in force. only to the emphatic language of the late Chief Justice, tute forms the very basis of no inconsiderable portion in the case of Witherow y. Keller, 11. S. & R. 271.) of the jurisprudence of the common law courts. Before Are these statutes then to be revised? Are they to be this enactment, the case of any known writ was a legal But in the action on revised without amendment? Or with such explanatory cause of action, and this was conclusively evinced and supplemental provisions as shall render them simple by the mere existence of the writ. and convenient? And if so, what method or expedients the case, (the principal fruit of that statute,) the suffifor simplification shall be adopted? This is not a pro- ciency of the case alleged has always been a subject exblem for extemporaneous solution, nor one that can be clusively for judicial consideration, to be decided as well Or, upon principles of natural equity, and considerations decided upon separate examination or research. are these statutes to be rejected, and the whole of this touching the well being of society, as upon rules of anportion of the remedial law to be expunged from our tecedent institution by legislative authority. Hence system? The authority of the supreme court is an this action has been denominated an equitable action We might vouch alimpediment to the adoption of this course:-At all and we need not say how large a portion of modern litievents, before we could adopt it consistently with fideli- gation is carried on in that form. so the very existence of a court of chancery, in proof of ty to the public, it would be incumbent upon us accurately to survey the space which it fills and to provide our position, and many interesting considerations occur the means of supplying any chasm which might be thus to connect it with the purpose named. But to resume: created by more simple and convenient equivalents. It we do not suppose the statute law to be imperfect, beis not our object at present to intimate which course in cause its wants the completeness of a perfect code, for We are such completeness is not a part of its design; nor do we our opinion would be judicious and proper, concerned merely to say, that the question must be met, consider the reposing of large discretionary powers in and that no method of disposing of it will afford a way the courts an evil, (if it be one,) that can be perfectly We remedied. Judicious reform must' in all cases, we think, of escape from arduous and responsible effort. might specify others of these statutes and apply to them assume these conditions, (however they may be denomsimilar remarks. We will only add that very early in inated) to be characteristics, if not essential attributes of our operations we took a general survey of all these every system. According to other opinons, the imperfections of the statutes for the purpose of ascertaining their bearing upon our appropriate legislation, and the importance law exist chiefly in the administrative portions of it. We which they sustain to the whole body of our laws. want, it is said, a system of judicialproceedings more simThey appear to us to form an important and a very in-ple and convenient,one which shall in all respects be coteresting, though by no means the least difficult portion extensive with the co-ordinate and principal branch of of the subject committed to us. The resolutions di- the law, and adapted to carry into effect its various prorect our attention to the contradictions, omissions and visions by direct methods. These views appear to us imperfections which may exist in the law, and require to be more just. The modern law, however preferable us to suggest the mode in which they may be reconcil-in other respects, is entitled to less praise for simplicity We are required also to and directness in the application of remedial means than ed, supplied and amended. report, whether it would be expedient to introduce any, the ancient; it would be easy to assign the reasons, but and if any, what change in the forms and mode of pro- the result is, that while some portions of this branch of These inves. the law have been suffered to fall into disuse, other parts ceeding in the administration of the laws. tigations form a distinct class of duties. They require have been amplified beyond their original limits. Fica minute survey of the whole law and accurate com- tions have been resorted to, and upheld as a sort of homage to principles, and upon the whole, much more parison of its correlative parts. The action of What are the imperfections in the laws? Some di- has been done by existing means,than was originally inversity of opinion upon this subject exists among the tended. The origin of fictitious ejectment is familiar. It arises in a great measure, from It was a bold act of judical innovation. best informed men. The action of Asthe different standards of judgment which they adopt. Trover is essentially fictitious, and as a form of action, owes its origin also to the courts. It is a great imperfection in the law, according to some opinions, that so much is left to the discretion of the tri- sumpsit may be mentioned in this connexion, and also bunals, to remedy which, it has been proposed to form the action for seduction. These are instances of judicial a code, which shall contain a precise and unequivocal ingenuity in the application of the remedial law. No This, it is supposed would not on- doubt the motives which have induced the courts to exrule for every case. ly make the law better known to the public, but it tend their forms were highly commendable, but it is would prevent judicial legislation, as it is called, and re- perhaps to be regretted that they did not rather uniformstore its prerogative to the constitutional and real legis-ly make such an exposition of their powers and of the lature. We fear that imperfections of this nature must remedies at their disposal, as would have exhibited their inevitably forever remain. Positive laws can never sup-real defects. It is not necessary to add to these instanply the use of natural reason. |