REVISION AND CONSOLIDATION OF THE NATIONAL STATUTES.

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. 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, and again neglected.

In the succeeding Congress, February 11, 1856, he offered the same resolution a third time, 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. 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.

1 Senate Journal, 32d Cong 1st Sess., p. 339.

2 Ibid., 33d Cong. 1st Sess., p. 43.

3 Ibid., 34th Cong. 1st Sess., p. 100.

4 Congressional Globe, 37th Cong. 2d Sess., Appendix, p. 2.

MR.

R. 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 dis charged 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.1

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, 1864.2

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,

1 Senate Journal, 37th Cong 2d Sess., pp. 147, 549.

2 Ibid., 38th Cong. 1st Sess, pp 28, 47, 667

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 27.1

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,2 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.

1 Statutes at Large, Vol. XIV. pp. 74, 75.

2 Act of May 4, 1870: Ibid., Vol. XVI. p. 96.

DENIAL OF PATENTS TO COLORED INVENTORS. RESOLUTION AND REMARKS IN THE SENATE, DECEMBER 16, 1861.

MR. SUMNER offered the following resolution, and asked for its present consideration.

"Resolved, That the Committee on Patents and the Patent Office be directed to consider if any further legislation is necessary in order to secure to persons of African descent, in our own country, the right to take out patents for useful inventions, under the Constitution of the United States."

R. PRESIDENT,- If I can have the attention of

MR. PRESIDENT, Committee on Patents, I will

the Chairman of the

state to him why this resolution is introduced. It has come to my knowledge that an inventor of African descent, living in Boston, applied for a patent under the Constitution and laws of the land, and was refused, on the ground, that, according to the Dred Scott decision, he is not a citizen of the United States, and therefore a patent cannot issue to him. I wish the Committee to consider whether in any way that abuse cannot be removed. That is all.

The resolution was considered by unanimous consent, and agreed to.

The Committee made no report on the resolution. It was a case for interpretation rather than legislation, and the question, like that of passports, was practically settled not long afterwards by the opinion of the Attorney-General, that a free man of color, born in the United States, is a citizen. Since then patents have been issued to colored inventors.

1 Opinions of Attorneys-General, Vol. X. p. 382, November 29, 1862.