I For the Gazette as the United States. MR. Fekno, a The following copy of an address lately t] presented to the LegiQature of New- p Jersey, having accidentally fallen into c , my hands, and the fu'ojeft being of - general importance to the State, 1 t take the liberty of tianfmitting it to » you for publication in your Gazette A JERSEYMAN. [ IT is sxpefted the Legiltature will, c this fitting, be employed in the impor- i taut business of revising and digeftia'g ' our codr of Statute Lav*. As this a work, if well executed, will be a credit i to the State, as wcH as highly beneficial t and convenient to individuals, it mud be the lincer# wish >f every good cili- 1 icii, to fee it completed as Ipeedily as'. ] pt jflifile. On a fubjeft in which th-y are all so intiiniteiy concerned, eveiy citizen of the State ha* an uiiddii>ted < right to communicate his Ceniiments freely to his fellow-citizens. I fhaii make no apology, therefore, for the freedom I now take in submitting, with diffidence, a few dcfultory obfer vatioos o!i the fubjeft, foi; the conlider ation of the .Legiflattire. The execution ot this business will Con lift of two diPlinft parts. I'irft, In felefting fuc'n Statutes or parts of Sta tute* of Great Britain tir England as have been heretofore adopted as law in this State, or (hall now be judged pro per to be adopted, and enacting tliem into State Laws. Secondly, In revi sing, new modelling and diverting all our acts, of a public and peimanent na ture, into one uniform fyllematic code. The former of these mn!t firft be com pleted, before th; latter can be fully entered upon, as the new code, when finifhed, mull comprehend the whole. There are very few Engli(h Statutes which do not contain some local, tem porary, or cireumftarrtial matters, not admissible into our fvftem of Statijlkal jurifpnulence; consequently, very ftv» or none of them can be wiioily adopted, and of many not more than one o- I*o feftions; all filch paits, therefore, those Statutes as cortftft in pari ma!> '%■ ot relate to the fame fubjeft, may >fery ■ properly be compichentku ui one geiK ral Act. This will render the law more convenient, and be more readily tinderftood, than it can be it detached in unconnected paits, as it now Hands in the Britilh Statute Books.—A na nifell advantage will also result from our adopting the phrafcology, or at least the molt material words, of those Sta tutes, which arc intended to be incor porated with ojr Leijiflstive acts, as we (hall thereby be enabled to avail our selves of the experience and judicial in terpretation of the Englilh Courts of Judicf, in the application of those laws to particular cases in practice. This part of the work will require lels time and labour in its execution, than may seem necefTary on a fuperficial tfew of the fubjeft. The number of Biiti(h Statutes which can, with pro priety, be adopted, in whole or in part, upon critical examination, will be tound to be few, and not vety difficult of ar rangement. The fullowing iieaJs of Bills, with the references to the several Statutes from which they are to be compiled, will, perhaps, comprehend the most material ones. I ft. An Aft concerning admimftra tions, and the distribution of inteflates e Hates ; to be extrsdlcd from 31. E d. 3. c. n. 2i. H 8..c. 5. 22 & 23. Ch : 2. c. 10. 29. Cli. 2. c. 31. Ja: 1. c. 17. and three of our acts of As sembly, viz. The aft refpeftfng grant ing letters of Adminiftialion ; An aft making all buna Jit/n acts of adminiitra tion before notice of a will good; and an aft disposing of the surplus of per sonal eflaies i»f persons cviiig intestate leaving no relations. AH these may be conveniently compteher.ded in one law of a moderate length, and will comprise oar whole Statute law on this fubjeft in one general aft. 2d. Ap Aft for the amendment of the law, and the better advancement of juftice.—lf the framcr of any law ever deserved tc be immortalized for it by his countrymen, that great and good man who penned the Statute 4 arW 5 Ann c. 16, certaialy 'is entitled to it. Nearly the whole of this coffiptekcnfire Statute may be adopted, together with detached paragiaphs from fuudry other Statutes relating to the fame bcneficial objects ; ns 8 and 9, W3. c : 11, con cerning afttecs and covenant* ; 9 ami to. W 3. c: 15, making fubmiilioos to arbitiation a rule of Court ; 17 Ch. 2. c: 8 and 8, and 9. W3. c : 11, of the death of parties before final judg ment, laying actions in their proper counties, See. 7 Geo. 2. c. 2 o. for niorccafy redeeming &c. mortgages &c. 3d. An Aft to remedy mi lakes o- 1< nifilons and defects in the form of pro- n eedlngs In Courts of law. r l o an r 'Jtap'tan Legislator, u'nhaakneyed in the I ,£t« of forenfic fojJhidTy and prevarica- a ion, this will appear ufelef*, and much v jraife is due to the liberal and enlight- a :'Tcd Jiidges of the present day, for the ittle countenance tiiey /how to mere r crmal exceptions : But a proper atten- f ion to the iiiltory of law altercations, a *ill, notwithdanJiiig, soon convince him r jf the necrffitv of this aft. The Bri- a tifh Statutes of Amendments and Jeofails, r j3 they are commonly called, are namer- C bus, and contain a farrago of words and j obsolete matter, of no life to us. The i fubdance of such parts of them as are c applicable to the psaftice of our Courts f of common law may eaGly be reduced t to one ihort act 1 4. An act regulating didreffes, te- t plevins, the recovery of rent, and to prevent frauds by tenants. This aft e will be compiled from sundry- parts of I t PandMc. 2—17 C!i 2c. 7 —2W3 i c : y —B Ann c : 14 —4 G2,c: 28 < and 1 1 G 2, C 19. 5 5. An aft to prevent Frauds and , I Pcquries .9 Ch 2, r : 3 —as our aft res- < the atteilation of wills, agrees in fubrtance with the statute of Frauds, i though it differs a little in word*, it de- ] serves consideration, whether it will not 1 be mo ft proper to repeal thai feftion in oar law, and adopt the Englilh one, or let our* stand and omit that of the i£ng- ' liHi Statute. The difference between them is so small, that, I believe, we , have generally followed the British ad judicatious in practice, if so it would perhaps be mod eligible to adopt the precise words of that Statute. 6. An aft to prevent forcible entries and detainers; from 8 H 6, c. 9 Ji EI, c: 11 —31 Ja: 1, c 15, and our aft. It will be necessary that this aft fliould vary a little from the Englilh Sta tutes, to it more effectual, and better adapted ji n practice. 7. An atl fciWhe limitation of civil md criminal profecut;ori*; ; j ■ ted from 21 Ja: 1, c iC. lc ' , t : 14 —4 A. c: 16, —ainj Acts limiting suits iefpefting tta of land, for civil action* ; End 3 V £1. c : 5, and lad feftion of our aft for the pjmifhmto: of aertain crimes, for ctimiual pic.fecut!«ns : and all redu ced to one aft. 8. An Aft refpefting apprentices ; Part of s EI. c : 4 —»2o Geo. 2 c ! 19, and 6 Geo : 5, c : 25. 9. An aft -concerning Baftards—s El: c: 3—i6 Ch : t, c: 4 — 1 " and ■14Ch, I, e : 12—6 G:2, c: 3 1.1 1 t An act eonccriiieg projejilar, Notes ; 3 and 4 A : c : 9. It will probably be a beneficial addi tion to this Aft, to mfake bond, and other fpccialtiei for the pcyment of mo ! ney, only negociable a« promissory Notes. This is done ia some of our filter (tates and daily practice feeus to indicate the utility of it. 11. An aft to enable the father to dispose of the Guardianlhip of his child or children, untiil the ageoj 21 years ; one Section of 12 ch : 2, c t\. 12. There arc parts of sundry Sta tutes relating to the practice of the Law, which ha#e been, in some mea sure, adopted by onr courts ; as 13. Ed: 1. c : 31. concerning bills of ex ceptions; 23. H 6. c : 9, concern ing Bail Bonds, 4 and 5 W : 3 c : 21. declaring againd prisoners iu cultody ; 43 El: c : 5, and 21 Ja : 1. c : 23 removing caal'es by Habeas Corpus, or Certiorari,< and several modern datutes for ft 1 iking special juries, ordering views, directing who (hall pay Cofti &c :—all these particulars, a* they relate to the lame fubjeft, may with propriety be thrown together into one Aft : or ra ther, as our Statute Book, eontains fe veml aits on this fnbjeft, when the re ■viuon of that is takeit np, it will, per haps, be more eligible to reduce them all to 0111 general law, adding thereto such feftion* of the British Statutes as are here alluded to. The practice of the law has afforded matter for much popular censure and declamation, and has often engaged the attention of the Legislature. It is ge nerally supposed that usneceffary forms and delay* attend the prosecution of civil suits, in our common Law Courts, and it mud he acknowledged that neay initsjicce in practice, have afforded too much groond for fucli an opinion. The Legislature have frequently attempted to semedy those evils. Their efforts, thoajjh laudable, have not always prov ed fuccefsful. The late practice Law isfufficient evidence of this, by aiming at too much, it has not ooly, in a great maafute, defeated itfelf, but hasdeilroy cd the efficacy of prior regulations, twhich on experience had been fr.und ve ry beneficial in practice. Intlead of fhbrtemng suits it has manifeftlv pro trafted them, by authorising the frivi lousplea in Bar, as it i* improperly caj- r in ftl . I Ed, in all cafc whatever. The amend- f< ments in the practice of the La\v> c made before this a£t was paficd ; in al- a owing the Plaintiff to commence lus 1 i&ion by Suthmdns lnftead of Chpms, e which saves the expence and delay of f< arret, appearance, Bail, and all their 1< L-onlcquences : in taking away, in com- a man cafcs, the expeufive t fume proceeding on writs enquiry p after interlocutory judgments :in author rising Sett-ofs in cases of mutual debts i und dealings, and other similar improve- t roents, had rendered the prosecution of f Civil aflions as fiaiple, periiapsj and ei- 1 peditious as the nature of solemn forenfic b adjudications would tfell admit: and v every attempt te reduce them below that 1 Randard; will probably weaken p: por- v lionably the solid basiS of rational jiiiT prudencei and thereby lessen the ftcilri ty of the citizen. Alterations in the fixed and eftaWith- J td formd of adminirtering justice ought to be iriade with can: ion. They are founded cn the wisdom and experience cf ages. Innovations in practice have ' i tendency to fnal* the foundation of fubilantial jullice, and weaken the fabric , of legal science: , Thecifential forms only, of judiciary proceedings; ought to be regulated by t law. The rcll ought (• be referred to i the judgeS of the courts, who have an ' undoubted right to make luch rules and ' regulations in pra&ice, as fliafl conduce to the great end of adroiniftaving jus* tice, in the e.-ifieji, faftH* and in oft exft- Jitiott: manner. They will then be , more immediately refpoaiibk for their - effects to their fella w-cititnis, and their feeling* will be interested in fetidly ad hering to rules and regulations of tneir awn fabi Lit ion. Hut m o» dif fident* iu rtie judges nr.ay We hitherto occafiened a too great 3iicfs in re guliiiogthe piaCtice of their refpectrre courts ; it * i", perhaps, be adviiabie for tlve kj>fia(urc explicitly t» authorize and drrtt then) to do- it, by requiring' thcjujfgt* of the fupre-ne i\«<it, in rh firtt pi:«e, to frame a .id efubinn ««om -p'ete-fyftetn of rules, orders and regu lation! for the pra&ice of the fuprcroe court ; to fend a copy to ewy aounty court, the judges of which then to form rules and regulation# f or their respective courts, aa nearly as may be agreeable to those of the fwpreme court ; the . ales to be hung up publicly ip ifcc clerk's of fice aad court-tioafe ot every couaty. The binds as bills which I have ir.cn tiuced, will <»>npreh:nd the pr'.ncipri a<?.» of parliament proper to be irrewgo ratcd iiit» ou; hue todc, except crirthiia; law, which. i We waived for a leparste coafderartion bereaftci\ But 1 pre tend rut to have beea very accurate, ci ther in the htuiwoktl or trimmer* ion, of ail the particular fctuci from which they ought to be compiled* I have designedly omitted the habeas corpus aft, 31 cli. 2, c. from the genius • .iod circuwftances of our government, the common law writ of habeas carpus fetsis iuificient; Jje caufe the federal constitution, having expiefsly recognised its priaefpfcs, the objefl of it will becair.c matiemal; aad lallly, because the provijion* of that fa-- mous liatute are calculated fokly for the meridian of Great-Britain, and, there fore, if fu.ch a law be necefiary, it ought to be framed to answer the Itcal pnrpo fes of our own government. I likewise oinit the iiatute 13. Ed. 1, c. t. De Donit Condiiioimlums, as very exceptionable in its policy,and as virtu ally fuperceded by our statute barring entail*. The establishment of oui republican form of government has detlroyed the foundation of the ttatutes of sT. 8, con cerning devises. An absolute title cr estate in land, tlio* fti'l called a fee, or fee Jimyie, has now become, properly speaking, aa Allcdun'.. The owners or proprietors of the lards of Neiu-Jerfey, know no sovereign but the people, no lords but themselves. They aic seized of the foil which they poflefs, abfolulelj and direßly, in their own right, and con sequently, on principles of plain rational law, as well as of the ancient common law (before feudal tenures were known ) may dilpofe of it absolutely, or witli such conditional limitations, as consist with the nature of real property, and the general interests as society. The state can uu* be seized of land only as a cerporate body, oracthe ultimate heir of all its citi/ens. Dnifmg by will is aa natural and ucceffsry an incident of the right of property, aa convlyir.g by deeJ, and it ia so«> as unueceffary to e uatt a law to authorile the Allodial pro prietor of land to transmit his estate by as it would be to authorize him to transfer it by deed. The flatutcs 13 and 27 Eliz. con cerning fraudulent fijes a.id conveyan ces, being' only in affirmance of the common law, enafled at a period when the principles of tfi.it law were not so j fully elucidated and fettled as at pie- | feat, are now, perhaps, become unne- < ceflary; and a fitrtila'r observation will c apply to several other ancient flatntes. J It is untieceflary to be particulai in their ( enumeration. I (hall only farther ob serve, that ir. cases where the common law has made reasonable provirion, it is always advifabfe to attempt no altera- t tion by llatutes, as ten dilpute* arise is j prafttce upon the conftruftiou of (la- t tutes, to 01 eon the common law. And, E in adopting British iUiutes, ii will be , better to omit some ttf ■ ones at pre- c sent, than to introduce ore vnnecsffcrily ; ( because they may at any time hereafter . j be adopted .without inconvenience, I . whereas enacting or repealing vj.lefs t always tends to ettdangetfi and _ weaken the efficacy o(good one*. (to be Gam hided to-morrow.) I j i ■ ■ ■■ i , Fereigri Intelligence. ] PARIS, Cel. J We are now able to form a judgment on ! ■ toe diveriit" of principles, \vn;eh appeared i ] !V the addrcfles prcfeiited to the Conven- I •i. It derives its origin from two dif- J ' tinfl opinions, cue tent's to -call the days 1 of terror and fright, we ire hardly del.ver- 1 rr\ of, md de des, that there cannot be ; ton much done, in order to euro the e- , liemis. of liberty : the ot' er that juftiee ajone is lufficii ril, ajig will create more partiaaiii oi Rs publican prin ciples, thin die belt caltulatrd mean* of tyranny andj>ppreuicn. , Ali thole, wno have the moil reafori to fear that tie h**d of juftkc wiliat iatt reach them, declare ifl ' the firfi opinion, and endeavol by ail means, to eoufcrvc then rank aiaong the ehfs of op prelfors it. order tcpr-ve*. beiifg facrific -d to thejiui - , * t ' ot die qjjpre&ck [ li t- Jiuri.ai'il;", *\ e ought to ohfcrve that the cumber of ihote aioi.iiers ikb»t l'm»U j all hope how ever u lo*,to coiiVtrt tkem it wui be to t-ricli-r them. There & brides a large number of citi zens endowed whk iefs widere udifVg tban yood hfuentioas <riao, bei<xg habituated to '..cu'ric principle, **iffaice txc«C( for rriiV V triotifui, Kke thefit bigot* who arc dir-- ieti bv e'.lßOiV" prk o «xprei« attachment io rdi*k« ratljtr by austere »nd rijoroii" rnusu y than by pra&ifing jt»four.d jj*a*i«ns. The iatter a:e oalv the <iup« •■/the fcri cl*fs. 1; tie and if frruct-.ou wiljfoon convince thrfri of their ewers, for tlirv sincerely wi(h <he lafety of the Republic. The other •pinion is supported by a inainrity of the chhtcits. wfeo, hanng Wen the":»feß*.? witnvf cs, or victim* of tV op p> *<!■ .-ru, we : filing down th: heads ot ine patriots, be* eve that the .oncer -,'ySf-ri ir ; ro-* "ital toth; rt p».L:':c : .i .wild be l e-eiibß ' -ed ; th»ckf» e* citivxns, t. Eo a! .-. ;vs *ir.tr.hied thernfe!*eti' the height of true princlplW, are raliyirp in cro»/d* round the O' nvendor., and embrace with tfeeir ?epref«itatiw juSiic as the firft oi ir.diyieuak ai d of govefnmeot.— The above tircutnfiancet.are the moving fpringi of the opposition which mari . eft e«i itfelf m the diacrcnt of the day. The ciCentifis w.uia ecafe, i the bait genius <ir iatrigneji and the passions permitted men to l:fter>. to ;rgamenu, and each other. What do tou aim i a ; nnight be alked cf esch parr\-, to watch aud retain all the enemies of the lilierty, to maintain the i«volutiou» y government till the war is over, to tciiib.t all icLids of tyranny, to operate by ail poflible means the welfare ot the Republic. This is the general wifi. and the <iury of every ir.divi dual worthy to bewailed a citizen. The ei-dL-fant Abbe Girauit-Soulavie, rtfidert of Franc-.- at Geneva, againfl whom the Torir-er Republic has made se vere complaints; was conduced by the national Gendarmerie to Paris, r.rifoned. It is rcj.vited, that a corref iiondencf with Rob :lp:eiTt wb.ofe princi ples he eagerly propagated, was found among his papers NATIONAI. MTION. September l i. Cambon, in the name of the Commit tee of finances, proposed and tbeCenven- Ood decreed : t'lai the Fsertch Republic ffiall in future neither pay the expences nor the falarks of any t'< m of religious v orfljip. [By tills decree the Republic fcves ?. sum of more thai) Ho millions of livrcs per annum ; it :> U 1 be -aiihed that this measure insy not >rve at the lame tin e as a Ggi.s! for the iuperftitious. and royalists to raile /reft: 'Hiurbances in the interior of the Rfpihl.'.j The lame decree also regulates the ecclefiallical pensions. 1 fore, presented interesting and explicit observations on some iucon\ enlcnces, which rt-fult from the lav. of the maximum, to merchandizes fabricated n i tir manufacto ries; he conelutlcd v itluf-ropolmg the tr bolition of that liu. )hr ailemhly or dered the project to be printed and adjoonn l.ed. The poular forietv ofTavargue, depart ment of Ardethe (in tf -. fini h of France) informed the Convention that the brigands of that cotin'rV; had defi;: tied to eltabjifb a new Vendee '.here, aJSilbid already tried to render them eives rr afters ot the chateau d' Alaisi-'it t!.e plot bad keen discovered and frustrated; four of the principal chiefs \v. re ar; cfted; among these one Doit »■;<■ Aiiici, iio hati invit ed in the name oi le.sXVil, all the va gabonds like him, to up arr. s a eainit the republic ; .Ley ■ ad be fides ;r ---refted a new Catherine tt 'i 1.-Uk, v, lio act y • 7 % * • tvj » ed the part of a propbetefs in the ten'™, cy. The National guard of Joyeufe, hii vallly contributed to crush the region by arresting the above mentioned Indl.L duals. The denunciation of that new r l ot gave rife to different propositions. Berie attributes the cause of the dif. turbances to the fanatical priests, .wl have retreated to the mountains, whne the)- beset the ciedulouj people. }-' le accused at the fame time the ex-nohl-j who were kept in public Rations, as a . ■»"' complices of the difaffe&ed clerpy. He demanded, that the refrafloiv ■ t ;elU fliould be transported out of Fu.., c and the nobles excluded fiom all public employments. Joordan of the Nievre, exprefied hi* surprize, that the fucker (the S n) ®f Capet, (hould ft ill serve at a point of rallying, and offer a pretext to ct tors against the republic. " QSSr"u?i.!y, he said, there mull vxift ftifl some plo-i, when we iee individuals preaching in the ftieets, and poflmg up ox\ the walk c f Paris, infurreClit.n against the n.-.'iu j i representation. I demand that the | committees make such a report, on the i tnemhers of the Conv. tion, that ev;'» 1 body may afterwards be able to fav, litre ate the men, who deserve out coi.fi dence ; there are the individuals, (in. worthy to be trnfted ; (murmurs) did not the Jacobins affirm yeftcidar, tfiat many deputies were unworthy o; littinr in the Convention? (some members i claimed it was Vadier.) Let him mount the tribune and fortify them. 1 demand that th.e conjmittccs occHpy themselves in prcfenting such meafuu , a* will psevejit in future, the Capet" family from causing us the least uneali uefs. Mafiieu, I afflfled at the Jacobins, and heard indeed some words, 1 k.c those mentioned by Jc urdaa ; they o;preff<d the opinion of _ou?. membct,' but not of tl*e kciety, litch vrilhei n hinjr iror* than to continue cliHeiy ui it«l with th< Convention. |t :h» bcilJei a little ' irai jje that-Vadier Crjuld be aecufrd, sot having supposed at th« Jacobin , what Jourdaa himftlf f med wi inn ta confirm at the t: ijjune ot the Convei.tiu: Duhem fecor jtd the mu :inof J dsn, as far u it eonLewed.tke ..A--. £ point of the royjl'r.i. He den i:,d i be£de», as in expert ; 1e ■, t t comwittces (huul J esar.... e the <j ■ *.m , whether it would' not he > vomit out of the territory ot ' • liic, not only the ch'S <but e . "cr&il family of G pft a; da 1 r . adherent*. Tie p«^ioSf»as.s«r-. ferrrd to the committee* of public aid general fafety. UNITED STATES. NORFOLK, Decen.ber i, 1754. In the report of the debates of the Ja cobin Club, those who had exprefied an attachment to the Convention were con fide red as unfriendly to the Club : Dnhtin particularly denounced those who w c n. the habit of making u.e of the eiclamati oa u Vive la Convention!" The Jacobin* pofieis io much influence in the Committee of General V> a ' to obtain an order from {he Comtnit'.ee ll> trreft two member# of the Convention* Real and Dufpurny. i hey leem even o consider therifrives as jov c.- ful to dictate to the Convention ; ant!. this purpole they came to a >! :tion, on the 9th September, to present ai :oßgaci drefg to the Convention. Several events, however, have prevcr. - ed the Society from obta ning much in? flucnce over the minds cf the per; c.— Tailien, who was expelled from tr.e J bins on the id, was aflaiunaftS J r (i *■ V j 1 inft. and thii 3ilafSiiat:o»Jia» hen a tri buted to the Jacobins. TU i oit.l !e aial facre of thirty-eight of the prisoners ( kaiVd from the prison >'-t Xantes; by r of tlie Revoiilticnary Committee or 8 ha#dawn much odium on the - )l Cfcb ; for it will be recoflr<shd, that « e Club poiTefletl tv.uch nh-.icrce in tne a pointnent o: the memo's J r ~. volutionary in the d M — r imer.ts. . The Convention m he mean tin* feescs to have a-iltd v. th ccnii l Merlin a Thiortville» denovn e- • c ~ icobins the coiftinualors of Uie tyraiu-f 1 of Robespierre : and Thibiu.t, even v tured in the pr» us he j*-? 0 ;ns ° move that the Soc ety fiuuld be effn* of its funSlcm. i l oircrl: thk motion » « not carried, it was only ccnfiit" ■ prudent; and we ye Jturr ;.o prcG:ct, - the cxtiiu :i,i:i > t .he Sotiety is an ' that Willi ipeedily occur. New-fifty, Voi-fi of Dtc - 3» '°94- ■, ' ' •i : tychfJ, Tin**. brace the prrfn-t tit< «■»< their approbativn , '' c furf.% tW Prcfek-l of Stat«, fi>r >^ffSE£fc it! the four V'cltrrn . 1v a n«, tude and fare i»r,aJfvc _ : laws and support •/ |- Rejoined, Tta
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