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.