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TEXAS' STATE LIBRARY
globe. Mankind are so constituted that when placed under similar .circun1stances they look --through different· me_diums at the same -0bject.-This is nowhere made more apparent than by a reference. to the records of judicial desisions. "\Ve there learn that in the most ,enlightened nations where the laws were originally framed with the utmost precision, that human wisdom and sagacity could devise- .where there have been no jarring regulations unskilfully blended, .but where one uni~or:m system has been ripened, a1id improved by the prescience of .suecessi:ve ages, the votaries of the science have .differed so··widely •in their, interpretations, as to produce the most .disastrous conse.quences to the,.community at large, and if such .results follow the most favorable circumstances which the ingenuity of·man could .suggest, niuch .more,,11nfortunate.mustr.be the fate .of 'rexas, if left to struggle with her present overpowering difficulties. The admirers of the Civil.Law will regard its rules, as based upon the principles of equity, and will look .to it, as the most. correct .standard by which their decisions can be made, while the advocates .of the Common Law will regard its more certain, rigid and inflexi- ble rules, as far better adapted to the genius of our people, and to -the situation and circumstances of our country. Thus it may not unfrequently occur, that upon the same question of law, we shall have the most conflicting judicial decisions throughout the Republic. The judicial annals of the civilized world most clearly show that the uncertainty of the law has invariably given rise to endless litiga- tion, more blighting to the prosperity and happiness of a country than any other calamity whatever. vVe are the only people who have adopted a system of laws of which the great body of the people are entirely ignorant. It would be a task of extreme difficulty for .the most learned in the science even to enumerate the various Mexi- can authorities now in force in this Government. l\Iost of these authorities have never yet been imported into the country, and with a few exceptions they are written in a foreign language unknown to our people; and to a large majority of the profession as well as to a majority of the legal tribunals appointed by Congress to interpret and administer them. Nor is ther.e a reasonable hope, that at an early period we can be relieved from the painful perplexity; for it would be entirely impracticable for the government to procure at this time, the translation, publication, and general distribution of these authorities.- And until this is done, or the system changed, we shall be doomed to the painful necessity of having the titles to our property tried, and all our contracts interpreted by laws unknown to our Courts, and unknown to the community. But while the present situation of Texas in this particular must be a source of deep regret to her friends they can nevertheless console themselves by the reflection that the Constitution of the Country has provided a salutary remedy, by which she may be extricated from the diffi. culty. Congress is required by that sacred instrument at a period as early as practicable to introduce by statute the Common Law of England with such modifications as the circumstances of the country may in their judgement require. The period here contemplated by the Constitution in the opinion of the Executive has now arrived; and the speedy execution of this provision, it is respectfully believed
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