The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1871-08-24
rTom The New York Nation RadicaD July "a.

was said: 1.-The growth, TOO, OF tnat
almost unique character, the Anglo@
Saxon Judge, who has played SO i'm
portant part both in English and
American political progress, is due
to the total rant of familiarity both
of the governors and governed auth
the arbitrary processes Of military
rule A recent decision of the
Court Of. Claims, in the case Of E. M.
Brown q. the United States, abounds
NTH what may be termed English
Illustrations of this remark, some of
which will be novel and even startling
to many well-informed American cit
liens. Indeed, the decision, discus
sing questions of law not often before
courts, and dealing with English aisi
priats reports that rarely find their
way into an American lawyers libra
nv, seems to have startled lawyers,
the Washington bar having requested
its immediate and separate publica~
ton. The opinion shows by repeated
contrast how the American Judiciary
and the American Judicial sentiment
alike have been drifting back toward
barbarism; while in nearly all Euros
pean countries they have been advan-
cling toward higher civilization.
That our elective Judiciary has fallen
far from the standard of Kent and
Spencer no one will dispute; but that
our Federal Judiciary, and more es-
pecially our national views as to
judicial duties, have receded from our
own standard, few Americans, not
chronically despodent, will be dis
posed to admit. Still more difficult
would it be to convince the mass of
our countrymen- that, while the best
portion of our judicial system has
been at the utmost standing still and
holding its own, the judicial system
of England has been steadily and
rapidly advancing, so that it is now
doing more for human rights and
liberties than our own ever did; and
that, for the protection of the weak
against the strong, and the citizen as
against the government-albeit the
government is in part monarchy
and in part an aristocracy--it now
speaks in language so courageous and
SO elevated as might we'll shame every
American court. The United States
started nearly three-quarters of a
century ago much in advance of 9th
err nations in things relating to per-
sonal rights and civil liberty; but
the past generation-that is, the
men of the last thirty years-haVe
done little for the improvement of
civil government beside Boosting and
Dragging of what their fathers did
for mankind. During these same
thirty years, most European states
have been moving, and particularly
England, so that about the year 1850
she caughtup with our most advanced
State governments in matters of law
reform, and at present IS so far ahead
that for some years to come we shall
have little to do beside copying Eng
lish statutes. Fortunately, one can
hardly rouse the American con-
science into healthy action better
than by saying that the American
citizen docs not now stand as high
before his government and before the
law as does the British subject. But
to recur to the illustrations Of the
Court Claims.
What would be thought of one of
our citizens bringing a personal ac-
ton against the Secretary of State
because he neglected to act upon a
certain paper? And what would be
thought if this citizen should summon
the Secretary as a witness and COM
pei him to come into court and take
the stand, and be examined
and cross examined by lawyers? Yet
In 1862, such a suit was brought
against Sir George Gray, Secretary
of State for the Home Department,
Sand the plaintiff actually called the
Secretary as witness, who came
into court and testified" and none of
the judges of the Common Pleas
doubted ''that if the Secretary of
State had neglected his duty and
done nothing, he would have been
amenable at LAW for his negligence. +"
The idea that public servant who
has neglected his duty by doing nos
thing should be amenable at Jaw for
his negligence to private citizen,
undoubtedly will strike many of our
advanced thinkers" as civil service
reform run mad. General Logan will
be very likely to denounce it as be-
longing to the aristocratic govern
ments of Europe, and not at all con-
sonant with the free and liberal
institutions of great republic. Mr..
Dawes will probably be pleased with
it as an abstract idea, but unable to
approve of any particular measure
toward bringing such state of things
about, and especially doubtful of
those measures that have been tried
elsewhere and found thoroughly
effective.
But take another case, and, as our
advanced thinkers" will say, a much
more visionary one. What would be
said if a citizen, late a regimental
officer In the United States service,
should bring his action against the
Secretary of War (the late Mr.. Stan
ton, for example) for having illegally
and from improper motives summa~
rily dismissed him from the service
What would be thought of the auda-
city of such suit, albeit that the
commission had been fairly earned by
heroic service, by broken health, and,
moreover, furnished to a WORKOUT
man as his only means of support
And supposing the case to be tried