The national era. [volume] (Washington [D.C.]) 1847-1860, 1851-01-16
For the National Era.
Relations SubsiSting Between Governments,
AND THE
Propr Mode Of Establishing Justice among than.
BY JOHN b BEACH.

No. 1.-The Private Wars Of the Middle Ages.
Few persons are accustomed to consider that
the States composing the Christian world rest to-
gether upon basis little surer, and no more
rational than that upon which the plundering
hordes Of Tartary or the warlike tribes Of Amer
lea exist Yet who is prepared to maintain the
contradictory of this proposition For, however
much civilization may have done for the citizen
as an individual, or the State as a body, it evi.
IDENTIFY has not greatly altered or impyored the po-
litical relations of State to State. Undoubtedly
its benign influence may be discovered in the So
cial and mercantile intercourse of the members Of
different Governments with each other, and per-
haps even in the somewhat softened rigors and
asperties of that relic Of barbarism, war. But
pray tell u.s. Jurisconsult, when it has given to
mankind any other basis for the establishment
and perpetuity of National rights and interests,
than that which our barbarian Anglo-Saxon an
cestry recognised IL did indeed, some seven
centuries ago. give the citizen the right Of trial
by jury, thereby sacredly guarding his inalienabe
rights against tho ha nh Of social vinenca Init the
| day is yet to dawn when it shall stand recorded
that the political powers of the earth acknowledge
the supremacy. of one common law and that
| Christian civilization has extended trial by jury
from the citizen to the State.
Perhaps, at this point, glimpse Of the political
condition of Europe from beneath the penumbra
of the dark ages, may assist us in developing our
subject
Government, laws, and manners which, from
the commencement of this gl0Ty epoch, had been
on the rapid decline, toward its close had reached
their ultimate point of depression. The Feudal
policy whereby the disjointed and dscordant
communities which at this period, constituted the
society Of Europe were consolidated into vast
military establishment was found TO be better
calculated for defence against foreign invasion
than for securing domestic order and tranquility
Ambition and jealousy often led the influential
vassas of the throne to unite in efforts for self
ACKNOWLEDGEMENT at the expense of the royal au-
thority and prerogatives which in the end, re-
| suited in the dissolution Of the union that had
subsisted between the most powerful Barons and
the Crown. Hence, in process Of time, there
sprung up vast number of independent Baronies,
each distinguished by its appropriate lord vassals
lands, and fortresses. The prerogatives Of the
monarch having been appropriated by the mobiles,
no power remained to enact or execute salutary
and general laws; no magistrate bore the sword
to defend the innocent or to punish the guilty.
From the perpetual clashing of these petty dy-
nasties, which subsisted only by conquest, state
bordering on anarchy arose, in which nearly every
vesige of law and social order soon disappeared
Thus in the dissolution Of that gigantic system
of feudaism, was also dissolved the only efficient
civil government which the European world then
knew or enjoyed Accordingly says Robert
son. "a greater number Of those atrocious actions
which filled the mind Of man with as'onishment
and horror, occur in the history of the centuries
under review, than in that Of any other period Of
the same extent in the annals of Europe"
Now two usages universally prevailed about
| this time, which, more than all other occasions,
| impaired 80 strange and wild an aspect to Eu-
ropean society | refer TO the customs Of pirate
war anil Of trial by judicial combat. Although the
minute history Of these practices, and the accu-
rate detail of all the various regulations by which
| they were directed, are quite essential TO full
comprehension OF the state Of society during the
middle ages yet they are not necessary to our
present purpose, as the sequel will declare. Both
manifestly originated in those crude ideas respect
ing justice which appertain to society In its most
simple state. When the old civil code fell into
| desuetude, and the administration Of justice
| passed from the magistrate into private hands
each most powerful lord in maintaining questions
Of personal right or honor, felt the necessity and
advantage of relying uniformly upon his own
sword. by this means, also, family quarrels, and
disputes respecting the validity Of titles TO real
estate, were generally decided Courts of law
existed for slaves vsssas, and persons of inferior
rank only. To refer their personal discussions TO
umpires, or civil Judges, for amicable adjustment
was considered by the mobiles as a positive rclin-
punishment Of the most sacred prerogative Of their
rank-a concession too great for the pride of aris-
tocracy, and too hazardous for times Of civil
| tumult
The regulations in accordance with which this
custom Was conducted are numerous, and form q
very considerable part Of the system III such 1t
may be csled) Of medieval Jurisprudence Had
we time TO lay them side by side with the rules
which now direct the exercise Of the kindred
| right Of international war, We should observe so
| many points Of resemblance as to induce the con-
clusion that the latter were derived from the
| former.
The magnitude and inveteracy Of the evil under
review may be estimated after considering how
various and active were the measures employed
during several centuries for its extinction, and
how imperfect was the success with which they
we're attended. Neither the vigorous adminisra-
ton of Charlemagne, nor the compromises Of his
less efficient successors, nor the powerful CO.
operation Of the church with the civil arm, nor
the DEGREES and anathemas Of councils, nor the
influence of supcrstitous fear, nor the strength OF
voluntary associations, could induce the warlike
mobiles to lay down their arms, and permit the in
PRODUCTION Of a regular administration Of justice.
Century after century the enormous evil fingered
on IL had become thoroughly organized; and mn
had come 10 regard as primitive ordnance Of Ma
ture, founded IN an mdlieaaLle right Of hrnanity.
Indeed, II was only after the revival Of the know
ledge Of English law, and the introduction Of more
liberal aud just ideas respecting government, that
this barbsrous custom gradually fell into disuse
no BIZ CONTINUED