The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-05-15
GROWTH OF AMERICAN LAW.
From the Seeds of Jurisprudence Trans
planted From Other Lands.

From the Seeds of Jurisprudence Trans-
planted From Other Lands.
Written for The HELENA INDEPENDENTLY
To obtain an adequate idea of the law Of
any country, one must travel to its sources
and follow its growth from it's very begin
ming. Let us pursue this method in a few
studies on the growth of our law. In the
first place the seeds OF American iuris-
prudence were transplanted from the old
world. The nayigators, explorers. mission
aries, reforners, gold seekers of the very
earliest days, brought to our shores along
with their intense desire for conquest, for
individual gain, for the glory of sovereigns,
and for religious freedom, the customs and
laws Of the homes they left and adopted
them in the new world so far as they were
fitted to their circumstances inc their
environment. The English brought with
them the priceless heritage of the common
ish brought the principles and codes built
Iii on the foundations Of the civil law--the
law of Rome.
OF the early explorers succeeding Col
umbus there was Juan Ponce do Leon, who
landed in 1913 near st. Augustine, in Flor
ida. in search Of the fountain Of youth; in
1920 Spanish ships touched the coast OF
Carolina; in 1921 the territory now known
rs Texas, New Mexioo and California be-
came q part of a great province attached to
great explorer, cortez. Dc Soto. an
other Spaniard, led a party from
Florida across the country to the Missis-
sippi in 1912. In 15s4-5 Sir Walter Raleigh
sent two expeditions to North Carolina. A
Spanish settlement was made at st. Angus
tine 1865. Jamestown. Va. became tho
first English settlement in 1907. New York
New Netherlands), in 1643, WAS settled by
the Dutch. inc Plymouth, Mass, by thu
English in 1920. La Sale explored the
great lakes and the Mississippi in 1859. the
French establishing settlements at Kas-
kaskia and Arkansas Post in 1856. and Mo-
bile and Vincennes in 100. Thus England,
Spain and France divided among them
selves the great continent of North
America, Spain got the Southern. England
the central, and France the northern por-
| ton.
The discoveries thus made vested the new
lands in the sovereign. His title WAS that
by discovery grounded upon the three fol-
lowing ideas: The Christian nation hat
discovers 4 heather land owns it to the ex-
olusion of ali other Christian nations. This
nation to complete its title must within \
reasonable time, occupy and use this lnnd.
! Tho native inhabltanta are only the occu-
pants of the land and not it's owners.
For over one hundred years from the dis
oovery by Columbus no settlements deserv-
ing Of more than passing mention was made
in the new world by the English. Many
aud feeble attempts were made, fearful
hardship endured, heroic efforts put forth,
but in vain. Raleigh's and Drake's efforts
were unsuccessful. The Spanish settle-
msnts were more successful, and for
a clear reason. Spain looked upon hur
explorations as means toward extending
her dominion. She looked forward to an
other great Roman empire. Her explora-
tions were. in a sense, official, and once a
post was planted high officers of state with
large salaries were annexed to it, thus
drawing patronage. wealth and population.
Ii was otherwise with the English. In
nearly every case colonization and e1plora,
ton WAS private enterprises; ii unsuccessful
drawing in itH wake individual suffering
and loss. but if successful, resulting in lit
tie indeed to the individual, but everything
to the CROWN. Left thus to their own re-
sources, English colonies in America had a
precarious existence for the first 100 yeara
| to 200 years, leading one writer to say of
the British oolonists as late rs the end of
| the seventeenth century. they were rob-
bers and pirates on a large scaie.p
VIM, y. SrHAouE.