Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

A short time devoted to this twelfth division of our subject, would accomplish our student in one of the most important, yet neglected branches of his legal education.

3. In several states we have observed, that lawyers, otherwise profoundly learned in their profession, have exceedingly disregarded the laws of the general and state governments, and have contented themselves with the gradual acquisition of this knowledge, as necessity urged them in the course of their practice. Nothing can be more objectionable than this mode of study; but particularly as regards state laws, which are usually exceptions to the general law, which general law is the common, and in part, the statute law of England. This method of acquiring the requisite information, is uncertain, hasty, and vexatious. It not unfrequently occurs, both in court and office practice, that opinions on the statute law are required to be given instanter; in which case, if the repeals and modifications, introduced in the general system by our own statutes, be unknown, that which is familiar, viz. the law of the mother country, is with confidence advanced and acted upon, as the rule or law of the case, without a suspicion of the change, or of the serious consequences which may result from such ignorance. We have known these difficulties to occur to intelligent, and, in other respects, well read lawyers. The laws, therefore, of the United States, and of the state in which he practises, must be familiar to the lawyer; and it is to be hoped, that the inconveniences attending the casual and desultory mode of gaining this knowledge adopted by some, together with the injury which must result to the client from this neglect of unlearning, (if the word be allowed,) the general law, or being duly informed of its modifications, will satisfy the student of the necessity of allotting to this title a distinct and methodical attention.

4. In most of the states, not only the common, but the statute law of England, is in part obligatory. It therefore becomes important to ascertain, to what extent the statutes of England are in force in a particular state. In the states of New York, Virginia, and Maryland, this investigation has been made under the sanction of legislative authority. In the year 1808, the legislature of Pennsylvania appointed the judges of the supreme court of that commonwealth, to ascertain the English statutes which are in force in that state, and also those which, in their opinion, ought to be incorporated into the statute law of said commonwealth. The report of the judges to the legislature is to be found in the 3d volume of Binney's Reports, page 595, and in 2d Hall's Law Journal, page 51. Mr. Binney, in his note on this report, remarks, "This important document is here inserted at the request of the judges of the supreme court. In many respects it deserves to be placed by the side of judicial decisions, being the result of very great research and deliberation by the judges, and of their united opinion. It may not, perhaps, be considered as authoritative as judicial precedent; but it approaches so nearly to it, that a safer guide in practice, or a more respectable, not to say decisive authority in argument, cannot be wanted by the profession.' A similar task was imposed by the legislature of Maryland on the late Chancellor Kilty. The work is executed with ability, and would be useful in every state of the union.

(Note 2.) GRIFFITH'S LAW REGISTER.-The original design of this work was an eminently useful one, and, in part, has been faithfully executed. The second and third volumes only have appeared, and they consist of a series of questions propounded to eminent lawyers, in every state of the union, and answered by them respectively, in regard to the constitu

tion, organization of the government, laws, judicial decisions, legal literature, &c. of each state. These volumes are replete with that kind of useful information which would have been in a great degree unattainable, or, at least, with great difficulty, expense, and research, had it not been for the plan adopted, and the meritorious labours of the author and compiler.

The first and second volumes were to have embraced all that respects the Constitution and Laws of the United States. Inadequate patronage delayed, and we lament to add, death. terminated the work in its present form. We advise all students and young practitioners to have these volumes constantly before them, for occasional reference.

(Note 3.) OF THE SOURCES OF LOCAL, OR OF STATE LAWS; AND THE MEANS OF ACQUIRING A KNOWledge of THEM. -As the American States are confederated only for the objects defined, or implied, under the Constitution of the United States, and as the states, individually, are in all other respects sovereign and independent, a homogeneous system of American law can scarce be expected; or if it eventually takes place, it will be at a remote date, or under a form of general government essentially different from that which now exists.

The American lawyer, however, cannot rest satisfied with a knowledge of the jurisprudence of his own state, and of that of the General Government; some acquaintance with the laws of each state is essential. This knowledge will have been acquired, in a good degree, from Dr. Tucker's edition of Blackstone's Commentaries; from Chancellor Kent's Commentaries; from the pages of the American Jurist, especially under its titles 'Legislation' and 'Digests,' from occasional reference to State Judicial Reports; and lastly, from frequently consulting the late Mr. Griffith's Law Register. Most of the

legal bibliography, also, of every state of the union, will be found in the course of our present volume.

The American law treatises have been very generally noted therein, and their reports have been carefully enumerated.

From these various sources, the student will soon become acquainted with the best editions of the laws of each state; and more particularly, with such of their enactments and judicial opinions as are either peculiar, or of special interest in the other states; as for example, the laws relative to foreign attachment; the execution of deeds; damages on bills of exchange; the release of insolvent debtors; the authority of res adjudicata, and generally, of their law de conflictu regum; the operation of judgments as liens; the respect paid to letters testamentary, or of administration, in another state; and finally, the numerous other respects in which the law of one state may readily affect the rights of the citizens of any other state.

(Note 4.) AMERICAN JURIST.-Our great respect for this work is manifested by numerous selections from its pages, which we have recommended as a part of the student's course under the head of 'MISCELLANEOUS,' annexed to most of our titles. The student will also find that we have more than once insisted on the claims of essays and dissertations, to the notice even of the learned, as they often contain, in a condensed form, the substance of much more elaborate treatises.*

*On this subject, vide ante Note 30. p. 286.-365, 366; and post Title xiii. Note 10.

PARTICULAR SYLLABUS.

TITLE XIII.

"How greatly do they err, who suppose Political Economy a stranger to politics, legislation, and government, and judge it possible to have good laws with a bad system of political economy, or a good system of political economy together with bad laws.' Ganilh.

'Political Economy has only become a science since it has been confined to the results of inductive investigation.'-Say.

POLITICAL ECONOMY.

1. Priestley's Lectures on History and General Policy. (Note 1.).

2. Conversations on Political Economy by Mrs. Marcet, author of Conversations on Chemistry, &c. 1817.

3. Boileau's Introduction to the study of Political Economy.

4. Joyce's Analysis or Abridgment of Adam Smith's Wealth of Nations. (Note 2.)

E. 5. Sir James Steuart's Inquiry into the Principles of Political Economy. (Note 3.)

e. 6. Ganilh's Inquiry into the various systems of Political Economy. (Note 4.)

E. 7. Lord Lauderdale's Inquiry into the Nature and Origin of Public Wealth.

E. 8. Arthur Young's Political Arithmetic.

e. 9. Malthus on the Principles of Population.

(Note 5.)

« ΠροηγούμενηΣυνέχεια »