Muscatine journal. [volume] (Bloomington, Iowa) 1849-185?, 1853-06-10
Law.

ulrectly from O0u>S own mouth, the nations
of the earth have engrafted into their insti-
tutions plan of government based on laws
of both divine and human enactmen Since
that time no people, however barbaric or
heathenish, have existed any length Of time
without some laws and some form of gov
eminent. The untutored savage of the wild
wilderness have their legal restrictions and
their penalties. The poor benighted heath
en- have always had settled rule of action
to observe, and to depart therefrom was an
offence punishable according to the injuri-
ousssxample such a departure would exert
upon others. In all ages and among all
people there has been laws established, and
always penalties affixed for disobeying them;
but in the primitive ages they were all in
tended for the protection of the person,
having no regard for property.
We can al! perceive the reason of this,
for in the antedeluvian ages property in
lands did not vest in a single individual or
a company of individuals. If we 60 to that
country made holy by the sacred teachings
of the book of inspiration, we find that the
people were tenants in common to what was
to them the whole earth. They cultivated
sufficient amount of soil to procure the
necessaries of life, choosing wherever they
would, providing it was not occupied.
As the population increased and villages
and cities sprang into existence, people be-
! gan to lay claim to more of Gods earth
than was essential to their support. Others
! wishing to occupy tract of land not cult
waited, but claimed by another, would enter
forcibly and with us ct armis take posses-
sion. Then men were appointed to settle
Such difficulties, the decisions of some of
whom arc found recorded in Holy Writ.
Soon these things came to be of so frequent
occurrence that men were chosen by the
people for the express purpose of hearing
and settling such claims those men after
receiving diversity of appcllations are
known in our day as judges and juries.-
The increase of population and the propor4
tionate lrcrease Of land-holders, has nee
essarily led to quarrels and difficulties
and the decisions and verdicts have been 80
! complex and numerous, as to demand the
establishment of profession, consisting of
learned men competent to examine and un-
derstand complexities and technicalities
arising from such diversity of opinion.
7. The human heart is prone to do evil
Since
Mans first disobedicnce, and the fruit
VI that forbidden tree, whose mortal taste
! Brought death into the world, aud all our woe"
crime has been as legitimately connected with
mortal existence, as has been mans desire
to exist and sin is as necessary to our hap
piness as health. Crime, then, being an
essential ingredient Of our created nature,
and as humanity unrestrained grows inhu-
man, it became necessary for civil tribunals
to create different grades of offences ard
penalties for committing the same. Thus
/ we perceive that both civil and criminal law
have been received in an imperfect form
| from nature and raised from an imperfect
condition to their present state of almost
perfection. Some may avow that this last
Idea is contrary to- nature, but such must
understand that nature does not create all
her works perfect she ereaes many imper-
feet and firms unto perfection.
Having thus very briefly glanced over the
origin Of law, we have reached that point
which We, particularly, wished to in
yite attention. Law, as administered In
the courts Of our country to day, has re-
ceiyed the anathemas Of both Pulpit and
Press. Men Of genius, talent, and high
standing in the worlds estimation, have Ia
bored to tear up the silken fabric which is
SO ingeuiously and artfully entwined around
the moral institutions of our country. That
fabric has been woven so near their vision
as to disable them from perceiving the
beautiful structure it cnfolds, and they seek
to remove this soft but potent net work that
they may examine what lies beyond. Now,
what consumnnte ignorance of the principles
both religious and civil--of our govern
ment do such men display. Would the cler-
gyman order the demolition of the beautiful
edi6ce erected for the worship Of God, be-
cause some sacriligious knave had unlaw-
fully entered therein and marred with his
big jack-knife the beauty of the pulpit /?
Would the Editor clear his press-room Of
both compositors and type, because his
'sdevip' purposly knocked the sGform'' into
''pi?" Such cannot be the case. Yet they
will labor with their whole strength to de-
molish the temple of justice, because few
unprincipled villains have gained entrancd
and carved strange and unnatural figure
upon its otherwise pure and untarnished'
walls. This, too, is done by men who,
above all others, should labor to support
and sustain tho laws Of the land. This
support can only be of influence when it de-
tends tho legal profession. We know as
well as one could desire to know anything,
that the profession of the law has its pro-
portionate share of black-legs, cut threats
and chicanery, and we also know full well
that the Theological and Medical professions
have their quota of the worlds rubbish and
offals, land why there shouldbe such contin-
ual outpouring of ychemence and ridicule
upon the law moro than the two other lib
eral professions, we do not presume to know;
it may possible be because these illiberal
denunciators have at some time had justice
melted out to them for