RESOLUTION AND SPEECH IN THE SENATE, DECEMBER 12, 1861.

April 8, 1852, during his first session in the Senate, Mr.

Sumner brought forward a resolution for a revision and

consolidation of the national statutes, which was duly referred

to the Committee on the Judiciary.[1] Though the resolution

attracted attention at the time, the committee did nothing.

Early in the next Congress, December 14, 1853, he presented the

same resolution a second time, which was duly referred,[2] and

again neglected.

In the succeeding Congress, February 11, 1856, he offered the

same resolution a third time,[3] and with no better success

than before.

Absence from the Senate and protracted disability prevented

the renewal of this effort until the administration of

President Lincoln, who was induced to make a recommendation

on the subject in his annual message of December 3, 1861.[4]

Mr. Sumner followed, December 12th, with his oft-repeated

resolution:--

“_Resolved_, That the Committee on the Judiciary be

directed to consider the expediency of providing by

law for the appointment of commissioners to revise the

public statutes of the United States, to simplify their

language, to correct their incongruities, to supply their

deficiencies, to arrange them in order, to reduce them to

one connected text, and to report them thus improved to

Congress for its final action, to the end that the public

statutes, which all are presumed to know, may be in such

form as to be more within the apprehension of all.”

Of this he spoke.

MR. PRESIDENT,--It is now nearly ten years, since, on first entering

this Chamber, I had the honor of presenting this identical resolution.

Several times afterwards, at succeeding sessions, I brought it forward;

but there was no action in regard to it, either by the Committee on the

Judiciary, to which it was referred, or by the Senate. At last we have

a positive recommendation from the President in his Annual Message,

calling attention to the necessity of a revision of our statutes, and

of reducing them to a connected text. I desire to take advantage of

that recommendation, and to revive the proposition which ten years ago

I first introduced.

Something in earnest, Sir, must be done. The ancient Roman laws,

when first codified, were so cumbersome that they made a load for

several camels. If this cannot be said of our statutes, nobody will

deny that they are cumbersome, swelling to at least eleven or twelve

heavy volumes, besides being most expensive. They are to be found

in few public libraries, and very rarely in private libraries. They

ought to be in every public library, and also in the offices of

lawyers throughout the country. That can be only by reducing them

in size so that they will form a single volume, which is entirely

practicable,--thus rendering them easy to read and cheap to buy.

I have reason to believe, Sir, that such a work would be agreeable

to the people. I am not without assurance that the people value such

reading. Certainly I am justified in this conclusion, when I think

of my own State; for it is within my knowledge that the statutes of

Massachusetts, reduced to a single volume, as they now are, have,

during a very brief period, been purchased by the people at large to

the extent of more than ten thousand copies.

I hope, Sir, there will be no objection founded on the condition of the

country. I do not forget the old saying, that the laws are silent in

the midst of arms; but I would have our Republic show by example that

such is not always the case. I am sure we can do nothing better for

the honor of the Administration that is ours. Indeed, should we not

all look with increased pride upon our country, most cherished when

most in peril, if, while dealing with a fearful Rebellion, Congress

turned aside to the edification of the people in objects that are

useful, among which I place that I now propose? It will be something,

if, through the din of war, this work of peace proceeds, changing the

national statutes into a harmonious text, and making them accessible to

all.

The resolution was agreed to.

* * * * *

This was followed, January 28, 1862, by a bill, introduced by

Mr. Sumner, for the revision and consolidation of the statutes

of the United States, which was referred to the Committee on

the Judiciary. May 31, the Committee, on motion of its chairman

[Mr. TRUMBULL], was discharged from the further consideration

of the resolution. At the same time the bill was postponed to

the first Monday in December, and expired with the Congress.[5]

December 15, 1863, Mr. Sumner renewed his original resolution

on the subject, and on the 23d introduced another bill with

the same object, on which Mr. Trumbull, from the Committee,

reported adversely, June 28, 1864.[6]

January 5, 1866, Mr. Sumner renewed his effort by a bill, which

was also referred to the Judiciary Committee. February 7,

Mr. Poland, from the Committee, reported the bill favorably.

April 9, it was considered in the Senate and passed without

debate, substantially as drawn and introduced by Mr. Sumner.

In the original bill the salaries of the commissioners were

$3,000 each. On the report of the Committee, they were

changed to $5,000 each. June 22 the bill passed the House of

Representatives without amendment, and was approved by the

President June 27.[7]

Under this Act, President Johnson appointed as commissioners

Hon. Caleb Cushing of Massachusetts, Hon. Charles P. James of

Ohio, and Hon. William Johnston of Pennsylvania.

The period of three years, within which the revision and

consolidation were to be completed, having expired, leaving the

work undone, a supplementary Act of Congress was passed,[8]

continuing the original Act, and under it President Grant

appointed as commissioners Hon. Benjamin Vaughan Abbott of

New York, Hon. Charles P. James of Ohio, and Hon. Victor C.

Barringer of North Carolina.

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