Mountain Home bulletin. (Mountain Home, Idaho) 1888-1889, 1889-05-04
LAW ADMINISTRATION.

A Glimps, Mt some of the Peculiar In.
stitutions OF Colonial Life.
The sentiment against lawyers was
at this time nearly rs strong in Vir-
ginia as in New England, although in
the former it had sprung more from
experience than from doctrine. Epis-
copacy. unlike INDEPENDENCE, was not
hostile in spirit to the legal profess
sion. But Virginia, it would seem, was
broken-down attorneys from England;
and the extent OF the affection appears
from the legislation on their account.
In 1913 an attempt was made to reg
nlate the practice OF law by system
Of fees. licenses and oaths, but without
avail; and two years later it was en-
acted that 'mercenary attorneys be
wholly expelled from such Office" AS
in New England, the expedient was
adopted OF allowing a magistrate or
some one from among the people to as
sist parties in pleading causes. This
plan, however, was soon found un-
! satisfactory, ana a second attempt was
/ made to regulate, rather than exclude,
the practice OF law, but, as before, with
out avail. In 1858 all persons, attor-
neys or others, who should assist in
pleading causes for a compensation
were made liable to fine OF five thou
sand pounds of tobacco.
| Fortunately, these worthless adven-
turers confined their attention to Vir-
ginia The middle colonies, at this
time, were not subjected to such visit
alton. In an account Of Pennsylvania
and West New Jersey, by Gabriel
Thomas, published in 1893. and dedi-
Gated to Friend William Penn, is the
following naive observations: "Of
Lawyers and Physicians ! shall say
nothing, because this country is very
peaceable and healthy; long may it so
continue, and never have occasion for
che tongue Of the one nor the pen OF
the other. both equally destructive to
mems estates and lives" Against the
attorneys. the lawgivers, apparently,
deemed some special precaution neces-
sary; for the Fundamental Constitu-
tons Of East New Jersey provided that
all parties might plead their causes
either in person or by friends, no COM
pensation being allowed.
With this practical exclusion from
the colonies OF men educated and de-
voted to the law. there was OF course
, much crudeness in the early judicial
: systems. From devotion to particular
religious theories, or from the ten
dency in new communities toward cen.
tralized government, the colonists dis.
regarded an important English prece-
lent-the separation of the judiciary
rom the executive and the legislature
The highest court was identical, il
Massachusetts, with the Legislature
and, in the other colonies, generally
with the executive. The very mer
that sat on the bench sat also in the
executive council and in the legisla
ture. AS result. the distinctions be
tween law, morality and religion were
constantly overlooked. Not merely
mans relations to his fellows, but ever
his relations to his God, were placed
within the province of the Legislator.
and the courts. TO take striking ex
ample, blasphemy and idolatry wer,
capital crimes at the same time il
Massachusetts and in Maryland. Ii
Virginia. one neglecting the daily serv
ice OF the Established Church nigh
find himself sentenced to the galley
for six months. If he did not attend
the Sunday service. he might need t.
!, prepare for the next world.
The men who presided over thes
early tribunals were rs much a produc
Of tho times us were the laws they ap
:, piled or the justice they dispensed
Legal training was. indeed. u rare quail
ity. But usually they were liable an,
iudicious persons according to tn
requirement of the Virginia statute
. They came chiefly from the ruin,
!. class-the Independent oligarchy i
New England, the gentry or plante
class in the South. Their deficiencie
ard eccentricities were overlooked b.
: the people. The judgments of Johl
Winthrop, the Puritan Governor o
NluSStiCLuSGlUS, till vi tOIlldS OllSG
the Quaker Governor of West Jersey
were equally acceptable. though deliv
9 sred in the one case from the platform
Of the Boston meeting house. and il
The other from 1.-THE stumps in hi
meadow" 1t was reason and common
sense, not legal precedents. that tn,
J judges consulted. considering each cas-
as OF novel occurrence. When thes
. simple expedients did not suf1iee-il
: cases of doubt or OF other perplexity-
: application was made, at least in New
England. to the ministers Frank Gay
. lord Cook, in Atlantic
Novel Bridge lest