enactment.

as they are, without explanation, or comment. It would be a task of ability to do this; and would require high talents to draw bills embracing the same thing in a modern style of But to frame such bills adapted to our constitution, and the forms of it, would be a matter of still greater difficulty. But the task delegated to judge Wilson embraced more; it was, to revise and digest the laws of the commonwealth; and this was perhaps a still more important object; and greatly conducing to the convenience of all the officers of the commonwealth; to the legislature; and must be greatly satisfactory to the people themselves. It would be desirable to have a single law on every particular subject, embracing the provisions of the several laws on that head, and contained in other acts and supplements. This would reduce the acts of assembly to a much lesser compass; and if done by a person or persons equal to the trust, might be drawn up with such simplicity and perspicuity of expression as would preclude much litigation. It is the result of much habit of composition to make use of words unequivocal and unambiguous, as well as to arrange properly. It requires clear thought, as well as a perspicuous diction, to frame a law. It is the arrangement alone, in our language, that secures perspicuity. In the ancient languages, or what are called the learned, there is concord or agreement; the relations of gender, number, case, person, &c. enabling to refer one word to another, and to couple, so as to assist the construction, or to ascertain the meaning. But in our language, unless with the most careful attention to the arrangement of words in a sentence, there can be but little more than a guess at the meaning of an act of assembly oftentimes, where words and sentences irreconcilable with each other, will occur. but a conjecture, in many cases, what the construction ought to be.

It is

By an act of March 3d, 1812, the governor was "required to request the attorney general to draught and prepare a bill, consolidating the whole of the penal laws of this commonwealth, and suggesting what additions, alterations, and changes should take place in the system, for the pur

pose of laying before the next legislature." This is precisely what was delegated to judge Wilson, with regard to the laws in general, civil as well as penal; and though the injunction and request to the attorney general, is, under this act confined to the penal laws, yet, from what has been done, and the spirit evinced to improve the legal code, there can be no doubt but that the farther prosecution of the subject will be resumed, and delegated to some person or persons competent to accomplish what had been projected, and delegated to judge Wilson, and which the attorney general has been called upon to do in the case of the penal laws.

It will occur to any one to ask, and it has been often asked, why not compile a system of what is called the common or unwritten law; that the legislature having it under their view, may restrain or abolish as they think proper? It has been already done in the outline of these commentaries ;* but embracing an outline of both common and statute law. But it is but an outline that in any reasonable compass could be given. But the common law, which is called our birthright, became ours in our colonial state, and was carried with us only so far as was applicable to our situation; and hence it would be a more practicable object to ascertain and select what parts or principles of the common law we did not bring with us, not being applicable to our situation. This, cut out of the mass, it would be more easy to show, than to say what had been left behind. In the notes to the outline given in these commentaries, it may be pointed out to the student, what of the common law has been left behind; referring to the contrary usages by which the common law has been changed; and to such parts and principles as are not applicable; at the same time referring to acts of the colonial legislature, or since the revolution, by which they have been abrogated. A more compendious outline of the common or statute law might be given, omitting all that is unknown. to our code; but to the law-student, it would still be requisite to take a general view of the whole system of the English law; and this from the interlacing of the branches of the *Blackstone's.

same stock. A knowledge of the ecclesiastical law, having no church establishment in this state, is, perhaps of all, the least necessary; yet, some general knowledge of it, cannot well be dispensed with. Nevertheless a compend or abridgment of the common law as retained by us, and of the statute law, British statutes introduced, or our own statutes, might be compiled for the use of such as are not of the profession. This, in the hands of the people, would be desirable; for, in that case there would be no great danger that every man would commence his own lawyer; but rather that knowing something of the law, he might use his knowledge to avoid litigation. Where the attainment of office is open to every man, some acquaintance with the common and statute law ought to be possessed if possible by every one. The science of law, says judge Wilson,* "should in some mea'sure be the study of every free citizen, and of every free 'man. Every free citizen, and every free man has duties to perform and rights to claim. Unless, in some measure, and in some degree, he knows those duties, and those rights, he can never act a just and independent part. In a free country, every citizen forms a part of the sovereign power: he possesses a vote, or takes a still more active part in the business of the commonwealth. The right and 'the duty of giving that vote, the right and the duty of taking that share, are necessarily attended with the duty of making that business the object of his study and enquiry. In the U. States, every citizen is frequently called upon to act in this great public character. He elects the legislature, • and he takes a personal share in the executive and judicial business of the nation. On the public mind one great truth can never be too deeply impressed, that the weight of the government of the United States, and of each state composing the union, rests on the shoulders of the peo'ple.'

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Some years ago, in this state, a current set strongly against the common law of England; and it was within a point of being abolished by the legislature. This was owing * Lectures on Law, part 1. chap. 1. 9.

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to a total ignorance of what it was.

Editors of papers, who

had been prosecuted for libels, raised this hue and cry, as it may be called, against the common law. It may contribute therefore, as the prejudice has not altogether subsided, nor the misunderstanding been removed, to give some idea of that law; and this I shall do by a quotation from the preface to Rolles' abridgment, said to have been written by Sir Mathew Hale. There is contained also in this preface some idea of those parts of the law which, even in England, have become antiquated; but much more so here.

'The common laws of England are not the products of 'the wisdom of some one man, or society of men in any one age; but of the wisdom, counsel, experience, and observation of many ages of wise and observing men: where the subject of any law is single, the prudence of one age may < go far at one essay to provide a fit law; and yet, even in the

wisest provisions of that kind, experience shews us that 'new and unthought of emergencies often happen, that ne< cessarily require new supplements, abatements, or explanations; but the body of laws, that concern the common justice applicable to a great kingdom, or commonwealth, is vast and comprehensive; consists of infinite particulars; ' and must meet with various emergencies; and, therefore, requires much time, and much experience, as well as much 'wisdom, and prudence, successively, to discover defects ' and inconveniencies, and to apply apt supplements, and re'medies for them; and such are the common laws of England, namely the productions of much wisdom, time and ' experience.

'The common laws of England are settled and known; every entire new model of laws labours under two great 'difficulties, and inconveniencies, viz.. That though they 'seem specious in the theory, yet when they come to be put

in practice, they are found to be extremely defective; ei'ther too straight or too loose, or too narrow, or too wide; and new occurrences, that neither were, or well could be, at first, in prospect, discover themselves, that either dis'joint, or disorder the fabric; and therefore such new mo

dels, continually, stand in need of many supplies, and a*batements, and alterations, to accommodate them to common use and convenience, whereby, in a little time, the original is either wholly laid aside or in a great measure lost in its amendments, and become the least part of the law. Again, were such new entire models of laws never 'so good, yet it is a long time before they come to be well 'known, or understood, even to those whose business it 'must be to advise or judge according to them; so that even 'a more imperfect body of laws well known, at least to those 'that are to advise or judge, is more of use and convenience to the good of society, than a more perfect and complete 'body of laws newly settled, and therefore to be newly learn'ed.

'The common laws of England are more particular than ' other laws; and this though it render them the more nume'rous, less methodical and takes up longer time for their study, yet it recompences with greater advantages; namely, it prevents arbitrariness in the judge, and makes the law 'more certain, and better applicable to the business that comes to be judged by it. General laws are indeed very 'comprehensive, soon learned, and easily digested into me'thod; but when they come to particular application, they ' are of little service, and leave a great latitude to partiality, 'interest, and variety of apprehensions to misapply them; 'not unlike the common notions in the moralist, which when 'both the contesting Grecian captains most perfectly agreed, 'yet from them, each deduced conclusions in the particular 'case in controversy, suitable to their several desires and 'ends, though extremely contradictory to each other. It has 'therefore always been the wisdom and happiness of this law, 'not to rest in generals, but fitted almost to all particular 'occasions. But usage and disusage hath antiquated much * of the law, and statute also hath taken off or abridged many 'titles; and the various xcesses, and alterations in point of commerce, and dealing, hath rendered some proceedings, 'that were anciently in use, to be no more useful; and 'some that were anciently, useful to be now less useful:

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