The national era. [volume] (Washington [D.C.]) 1847-1860, 1851-01-23
For the National Era.
RELATIONS BETWEEN GOVERNMENTS,
Propc1 Mode Of ESTABLISHING Justice among them
BY JOHN B. BEACH.

No. 2.-Ordeals by Fire and Waterfall by Judicial
Combat, and the Modern Trial BY Battle.
When the arts of reading and writing were
almost universally unknown, and the laws Of evil
dence entirely undeveloped, great scope for fraud
aud falsehood existed at the judicial tribunals. To
adjust the conflicting claims of litigant parties by
carefully sitting and accurately balancing the
contradictory testimonies of witnesses, was pro-
cess too subtle for the courts of the middle ages.
Neither the jurists had ability to master, nor the
people civilization to appreciate the trial by evil
dence Hence, various methods less intricate
were resorted to for determining justice between
individuals. Such were the famous oTdeals By fire
and mater, which formed so prominent part of the
Jurisprudence Of our ancestors. Thus innocence
was frequently tested, according to prescribed
forms, by making the accused walk blindfOld and
barefoot nine red-hot plowshares, laid at un-
equal distances, or plunge his naked arm to the
elbow in boiling cauldron. IL he escape unhurt,
he was pronounced acquitted By the Judgment Of
God
These were the legitimate fruits of the super
stiious notions then universally prevalent, that q
formal appeal to Heaven will invariably secure q
decision of the question at issue in accordance
with unerrDg and impartial justice. Moreover,
dogma to establish the tral BY combat in every
kingdom of Europe In treating of this antiquity,
cannot do better than to follow Robertson, to
whose able View Of the State of Europe" refer
- on,S7slsy for most of the statements made con-
corning both this custom and that Of private War
He observes: "Not only questions about IN
certain contested facts but general and abstract
|5ul,ts ia law. we're j~serUsjned blythe iasne Of q
combat and the latter was deemed a method OF
discovering truth more liberal, as well as more
satisfactory than that by investigation and ar
gument.
"The solemnities Of a Judicial combat were
such as were natural in an action, which was con-
sidered both as formal appeal to God, and as the
final decision Of questions of the highest moment
Every circumstance relating to them was regu-
lated by the edicts of princes and explained in
the comments of lawyers, with minute and even
superstitious accuracy
I" By this barbarous custom, the natural course
of proceeding both in civil and criminal ques-
tions, was entirely perverted forcs nsurped the
place Of equity in courts Of judicature and justice
was banished from her proper mansion Discern
ment, learning integrity, were qualities less ne
cessary to a judge, than bodily strength and dex-
terity in the use of arms. Daring courage, and
superior vigor or address, were of more moment
towards securing the favorable issue of q suit,
than the equity Of cause or the clearness Of the
evidenced
From the commencement Of the twelfth century
We date the origin and successive sdvancements
Of modern civilization Hence, it is now some
what more than seven hundred years since the
human mind first awoke from the slumber of ages,
and began anew to travel the road Of progressive
improvement. During this comparatively long
period, Jurisprudence has been steadily develop
ing into system; the petty baronies Of Europe
have been slowly consolidating into powerful
States, which have extended their arts and man.
ners over both hemispheres men have gradually
adopted new maxims concerning the redress of
private injuries and the maintenance Of personal
rights; egual and general lam, have been found to
operate more happily than the caprces of passion
and tho Wild ontbursts of rs~engsi cysity has
propedto be better arbaer than force citizens, their
personal and reciprocal rights having been tho
roughly defined and established, have been placed
on a better footing in respect to each other; and
those customs, which formerly were considered tC
be the happiest efforts Of wise poicy,n the high
est privilege Of nobility and the Distinguishing
mark Of personal independence hare been hunted
om Of ChriStendOm by omaipresent Law, and Uetoed
for all time By e still more terrible voice of PUBLIC
OPINION.
But whilst through successive centuries The
public mind has been gradually moving over the
great field of jurisprudence, tracing out in it,
movements labyrinth extremely difficult fol
even Juriss at present tc retrace, hardly the frs
step has get BEEN taken IN the march of international
c,riizmioa. The great Christian Powers of tn,
nineteenth century stand to-day upon essentially
the same footing with respect to each other as die
the old Feudal barons q thousand years ago
Like the latter, they claim 20 be bdtpsndent, anC
scorn submission to any legal tribunal Like thu
latter they consider force better arbIer than
and generally submit their controversies to the
trial By battle Like the latter, they solemnly ap
peal to Heaven 10 aid their arms, superstitiousy
deeming this to be certain mode of discovering
Justice Like the latter by the issue of a combat
they determine, not only uncertain or contested
facts" but also general and abstract points in
law J" and this form of trial they "conduct with
many devout ceremonies the ministers of religion
being employed and the Almighty being called
upon to interpose" for the adjustment of the con
troversy. Furthermore, that contending parties
should be judges in their own cause, that the law
of honor requires its subjects to maintain with
the sword whatever their lips have affirmed, that
it is necessary for each to redress his wrongs
and defend his own liberties, are maxims which
disappeared from the judgement seat when reason
became arbiter in the place of force; yet false and
harbarous rs they are, they constitute important
canOns in that system, according to which, the
mutual acts and intercourse Of Governments con.
tinue to be regulated.
TO Re CONTINUED