1832.] CONSTITUENTS OF PRIMARY ROCKS. ENTS OF PRIMARY ROCKS. 191 The following article is extracted from the January | Having personally visited most of the localities mentionnumber of the "Monthly American Journal of Geology ed in this table, we have had occasion to observe how and Natural Science;" conducted in this city, "by G. generally the erroneous designation of trap, is given to some of the varieties of hornblende rocks, and as some W. FEATHERSTONHAUGH, Esq." of our correspondents have also requested information GENERAL REMARKS ON THE CONSTITU- service 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 We have on this continent a very extensive geolo- success for themselves, of the proper names to give gical limit, constituted of primary rocks and their sub- those varieties which fall under their observation. We ordinates. It constitutes an inflected line, commenc- have spoken of felspar as forming the principal mineral ing in the north, and passing southwardly from the in- in granite, with quartz and mica; when it is compounddented shores of Maine, New Hampshire, Massachu-ed with the mineral called hornblende, it constitutes setts, Rhode Island, and Connecticut, to the city of New that class of rocks of which we have spoken as extendYork, of which it forms the base. Thus far, this limit is ing from Philadelphia to Wilmington. Hornblende, bounded by the ocean, and has for its general mineralo- called by the French, amphibole, is heavier than quartz gical character, the rocks commonly called granite and or felspar, and when scratched, gives a light green gneiss. There are many varieties of these two rocks, streak. It contains a great proportion of magnesia, occasioned by the varying proportions in which their which felspar has not; and when the quantity of magnerespective constituents are found together. Granite sia is increased, it passes into serpentine. The Germans has for its constituents; felspar, quartz, and mica, and call these combinations of felspar and hornblende, in general, granites are distinguished by having a much grunstein, or greenstone, especially when they have a greater proportion of felspar, than of either of the other granitic structure. When hornblende forms the printwo minerals. Sometimes the felspar is formed into cipal part of such rocks, they take a greenish black cowell defined crystals, either white or red, it is then call- lour. When it is combined in lamellar grains with felsed a porphyritic granite. The quartz of such rocks is par, it is called sienite. In some instances, as at Quarryusually of a glassy lustre, and in very irregular shaped ville, on the Delaware, near Wilmington, the felspar is grains. The mica is disseminated in it, in small black- in beautiful resplendent lamellar crystals, of an oval -ish or silvery scales. Granite rocks of this character, form, and of a lightish red colour. This in the common although they pass gradually into gneiss, differ remark-language of mineralogy may be called a porphyrytic ably from it in one particular, all granite being massive, greenstone. When the predominating mineral of the granite, fels- We 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 England 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. We despair of a universal nomenclature, and the sooner we have a well considered one, accommodated to our own overspreading language, the better. 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. on the Delaware, between Wilmington and Crum creek, 1 From Christiana creek be- 66 Brandywine, below the lowest mills, 66 3 4 5 88 > Hornblende or 3,020 3-4 Greenstone. Quarryville, north of 2,990 1-2 do. do. do. Naaman's Creek, 2,980 do. south do. do. north do. 2,680 1-2 do. Vicinity of Marcus do. Hook, north, do. 2.751 1-2 do. do. 9 66 "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 19 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. 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. The country for many miles around being a sandy al Young's Quarry, Clark's do. do. do. 2,764 1-2 Hennis' Q. on Ches Burk's do. do. do. 2,700 do. do. do. do. 2,726 "Hill's do. 2,649 Greenstone. do. do. do. do. do. do. do. do. 2,786 1-4 Hornblende or 28 "do. (Island Field) do. 2,805 1-4 "Palisades at Fort Lee, Hudson river, 2,990 1-2 do. Claster do. 2,968 3-4 Nyack do. 2,955 1-4 30 Greenstone. do. Trap. do. do. luvion, the contractors for supplying the stone commenc- Printed every SATURDAY MORNING by WILLIAM F. GED. ed with bringing it from the Palisade rocks on the Hud-DES, No. 9 Library Street. Philadelphia; where, and at the PUB son river; but the tediousness of the navigation, which of the Post Office, (front room) subscriptions will be thankfully LICATION OFFICE, IN FRANKLIN PLACE, second door back consumed upon an average, ten days for each trip, retarded the first season's operations very much. Since by Price FIVE DOLLARS per annum, payable annually then, the largest portion has been obtained from quarries agent. HAZARD'S 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, 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. 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. views of the legislature in respect to this branch of the law, induced us to report only such parts of it as we had then prepared, leaving to a future report those portions of it, which we had not then sufficiently considered. In reference to the bills then presented and the subject ther to remark, that had it not been for the express diwith which they are connected, we took occasion furrections 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 caly 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 in convenience, 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: 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 do cuments, viz: 1. A report, in part, on the subjects the statute law generally, and the administration of justice. 66 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 re marks. 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. ser'vts, T. J. WHARTON, To his Excellency, GOVERNOR WOLF. NO. I. Report, in part, on the Statute Law generally, and the administration of justice, &c. 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 executors, administrators and collectors. These bills, together with those before reported, con tain 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 constantly to keep these objects in view. It should be remarked, 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 perfectly obvious. Many of the English statutes relat- statute in relation to the general system of legislation ing to the same subject, have been enacted at long inter- and the jurisprudence of the courts. The whole is one vals for the purpose of amending the common law or texture, one frame work, in which apparently small mat supplying particular defects, and must be considered in ters must not be unwarily altered. Not only must the connexion with it, to discover the just medium of de-import of isolated expressions be considered, but their pendance. As we do not suppose it our duty to reduce import also in the connexion from which it is proposed the common law to the text of statutes, we have been to remove them and the effect which may be expected content in such cases to collect and collate all concur- to result from the new combination. It has not unfrerent statutory provisions, and to reduce them according quently occurred to us in the compilation of bills to vato such method as seemed to us most obvious to one ry expressions or transpose clauses in one bill or one clear and uniform act. In the phraseology of statutes section of a bill, for the purpose of controlling the efthere are difficulties of serious import. Language is fect of provisions contained in another. 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 ex tween 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 essen We 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 with a more difficult and responsible one, viz: that of views by which we have been guided, as a just rule or we intend by the remark, merely to suggest the general 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 asre 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 see 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 com- communities, exert an irresistible force in operating a The changing relations, customs, and intelligence of monwealth. Here it is true, we have a useful guide, change upon their laws: the change therefore is in the in the very valuable report of the judges of the su- substance—the names and theories remain by a force preme court, made in obedience to a resolution of the equivalent to the force of language. We might specilegislature adopted on the 7th day of April, 1807. This fy many examples, but we choose rather to close this report, however, has not been considered as conclusive, portion of our remarks, with expressing in general and indeed was not so considered by the learned judges, terms a doubt of the expediency of disturbing matters who made it. In the progress of our duties, it will, how- of theory, or any of those deeply laid principles of the ever, be incumbent on us to act definitively, and with law upon which the modern as well as the ancient structhe expectation that the report which we may ultimate-ture was reposed. ly make upon the subject, will be followed by a repeal deed bear so intimate a connexion with the portion of The bills now reported do not inof all statutes of a foreign origin, we beg leave to refer law just alluded to, as some which remain, and the alto that report, for some observations relative to this terations proposed in them, relate rather to the adminis branch of our duty. It would be comparatively easy trative portions of the law than to primary or abstract to recompile the statutes in the very words, or, if it principles. In these, the public at large have not the were compatible with the intention of the legislature, same kind or degree of interest; yet it is due to those and the due execution of the trust reposed in us, to di- who are principally concerned in the administration of gest the subject matter of them without a very scrupu-justice, to make no change without sufficient motive, lous regard to their precise import and bearing: This nor then, except in such method as shall produce least would be an effort of a different kind, both in respect inconvenience. The alterations suggested, it is believof the performance and of the result. The injunctions ed, are in accordance with these views. We beg leave of the legislature, are however, explicit. The due exe- to add one other remark: extensive alterations in the cution of them requires us to consider each act and law, although such alterations consist merely in the ex 1832.] SECOND REPORT ON THE CODE OF PENNSYLVANIA. 195 stances. The courts must be called in as interpreters, even if there were no other occasion for their interposition. But add to this the ceaseless activity of socie ty; its multiform relations and ever varying emergencies bid defiance to the tardy progress of legislation. Multiply positive rules to any extent, it is also to multiply occasions for judicial interpretation; and to whatever limit legislation may be carried, beyond will be found an undefined region, which must remain open to the occupancy of the courts. However large the sphere which may be filled by positive laws, the common law is an exterior and circumambient medium: it also pervades the very body of them, and is the agent which gives vitality, activity, and energy to their provisions. It is equally essential to the life and spirit of the constitution as to an act of assembly. The stat. 13 Ed. 1, Chap. 24, concerning writs in consimili casu, was a legislative acknowledgment of this doctrine. That statute forms the very basis of no inconsiderable portion of the jurisprudence of the common law courts. Before this enactment, the case of any known writ was a legal cause of action, and this was conclusively evinced by the mere existence of the writ. But in the action on the case, (the principal fruit of that statute,) the sufficiency of the case alleged has always been a subject exclusively for judicial consideration, to be decided as well upon principles of natural equity, and considerations touching the well being of society, as upon rules of antecedent institution by legislative authority. Hence this action has been denominated an equitable action and we need not say how large a portion of modern litigation is carried on in that form. We might vouch also the very existence of a court of chancery, in proof of our position, and many interesting considerations occur to connect it with the purpose named. But to resume: we do not suppose the statute law to be imperfect, because its wants the completeness of a perfect code, for such completeness is not a part of its design; nor do we consider the reposing of large discretionary powers in the courts an evil, (if it be one,) that can be perfectly remedied. Judicious reform must'in all cases, we think, assume these conditions, (however they may be denominated) to be characteristics, if not essential attributes of every system. ternal form and arrangement, cause least inconvenience It is impossible from the nature of things, and of lanwhen 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 circumstance or in the forms of proceedings, however slight, have been made. In regard to the revision generally, we have to state that considerable progress has been made. Many draughts of bills have been prepared for joint consideration, in pursuance of the distribution of subjects made by his excellency the Governor. It was believed that the whole of this portion of our duties, might have been performed by us in the time limited by the resolution. Experience has taught us, however, that our separate efforts are far less arduous than those which must be performed jointly. Many of our duties cannot well be attempted until after a careful examination and full debate. We beg leave to mention some of them. The judges of the supreme court in the report before alluded to, have specified nearly twenty statutes relating to disseizin, and the remedies by assize. In repeated instances have the judges of the same court declared this ancient remedy to be in force. We will refer only to the emphatic language of the late Chief Justice, in the case of Witherow v. Keller, 11. S. & R. 271.) Are these statutes then to be revised? Are they to be revised without amendment? Or with such explanatory and supplemental provisions as shall render them simple and convenient? And if so, what method or expedients for simplification shall be adopted? This is not a problem for extemporaneous solution, nor one that can be decided upon separate examination or research. Or, are these statutes to be rejected, and the whole of this portion of the remedial law to be expunged from our system? The authority of the supreme court is an impediment to the adoption of this course:-At all events, before we could adopt it consistently with fidelity to the public, it would be incumbent upon us accurately to survey the space which it fills and to provide the means of supplying any chasm which might be thus created by more simple and convenient equivalents. It is not our object at present to intimate which course in our opinion would be judicious and proper. We are concerned merely to say, that the question must be met, and that no method of disposing of it will afford a way of escape from arduous and responsible effort. We might specify others of these statutes and apply to them similar remarks. We will only add that very early in our operations we took a general survey of all these statutes for the purpose of ascertaining their bearing According to other opinons, the imperfections of the 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 judicial proceedings 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 of the subject committed to us. The resolutions direct our attention to the contradictions, omissions and imperfections which may exist in the law, and require us to suggest the mode in which they may be reconciled, supplied and amended. We are required also to report, whether it would be expedient to introduce any, and if any, what change in the forms and mode of proceeding in the administration of the laws. These investigations form a distinct class of duties. They require a minute survey of the whole law and accurate comparison of its correlative parts. extensive with the co-ordinate and principal branch of the law, and adapted to carry into effect its various provisions by direct methods. These views appear to us to be more just. The modern law, however preferable in other respects, is entitled to less praise for simplicity and directness in the application of remedial means than the ancient; it would be easy to assign the reasons, but the result is, that while some portions of this branch of the law have been suffered to fall into disuse, other parts have been amplified beyond their original limits. Fictions have been resorted to, and upheld as a sort of homage to principles, and upon the whole, much more has been done by existing means,than was originally intended. The origin of fictitious ejectment is familiar. It was a bold act of judical innovation. The action of Trover is essentially fictitious, and as a form of action, owes its origin also to the courts. The action of Assumpsit may be mentioned in this connexion, and also the action for seduction. These are instances of judicial ingenuity in the application of the remedial law. No doubt the motives which have induced the courts to extend their forms were highly commendable, but it is perhaps to be regretted that they did not rather uniform. What are the imperfections in the laws? Some diversity of opinion upon this subject exists among the best informed men. It arises in a great measure, from the different standards of judgment which they adopt. It is a great imperfection in the law, according to some opinions, that so much is left to the discretion of the tribunals, to remedy which, it has been proposed to form a code, which shall contain a precise and unequivocal rule for every case. This, it is supposed would not only make the law better known to the public, but it would prevent judicial legislation, as it is called, and restore its prerogative to the constitutional and real legis-ly lature. We fear that imperfections of this nature must inevitably forever remain. Positive laws can never supply the use of natural reason.” make such an exposition of their powers and of the remedies at their disposal, as would have exhibited their real defects. It is not necessary to add to these instan |