The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-06-26
falls far short Of the system which obtained in


Of the American system under which each
county has Its own public officer who con.
| ducts all criminal cases.
| In Holland " person accused of crime was
| always confronted with the witnesses against
him. and allowed the liberty OF cross exami-
nation. In English prosecutions for high
treason no such rights as those we're guaran-
| teod. There the witnesses were examined out
OF court and in secret by the law officers OF the
| Grown, often under the torture OF tho rack.
and tho written dispositions thus obtained. but
! garblei so as to omit everything favorable to
the prisoner, wcro read upon tho trial. Nor
was this tho only outrage prnctised in Eng
land upon persons accused OF crime Holland
always permitted to u prisoner the services Of
q counsel. and. II he was too poor to defray the
cost. one was furnished at the public
charge. In England. until after the fall
OF tho Stuarts. this right. except for the
purpose OF arguing moro questions Of law.
was denied to every one placed on trial for his
life. In 1885 it was finally conceded TO pcr-
sons indicted for high treason. Even then
persons accused OF felony wcrc not only do.
MED counsel. but they were not even allowed
to produce auy testimony at oil In their behalf,
except their own statements. When their wit
nesses were finally admitted. it was not until
tho reign Of Anne that they were examined UNI
der oath. Nor was 1t until 1896 that England
finally adopted the law laid down in republ-
can Holland three centuries before. that pris-
oncrs accused Of felony might compel tho at
tendance OF their witnesses by subpoena and
might employ counsel for thor defence.
Turningto America Mr.. Campbell marks the
influence Of Holland IN this direction. Will
liam Tenn granted charters to Pennsylvania
and Delaware in 1701. guaranteeing to all
prisoners the right Of counsel Tho States OF
p..tty,r N,l,,nsx
mont. and Massachusetts in their first Con-
stitutions Incorporated the same provision.
and in 1I01. by the first amendments to the
Constitution Of the United States. this right
was guaranteed to evory person in the Ameri-
can republic nearly half n century before its
establishment in England.
1t is noteworthy that all the rights of nc
cusod Persons hero Gnumerated were secured
to the Hollandors before their separation from
Spain. and. Of course. were never lost there
after. The establishment Of tho Dutch repub-
lie brought another safeguard Of liberty and
justice. This was the complete Independence
OF the judiciary. There is scarcely anything
in English history more lisgraceful than tho
servility OF the Judges during tho reigns Of
the Tudorsand the Stuaris. The cause OF their
subscrviency was the fact that they held Office
during the pleasure of the Crown. 1t was not
until after the revolution OF 1853 that any
lasting check WIS placed upon tho power
Of removal and it was not until the reign
OF George III. that the present system was
introduced under which Judges hold Office
during good behavior. All this was settled
in the Dutch republic nearly two centuries be-
lore. Tho Supreme Judges Of the High Court
of Appeals Of The Hague. nominated by the
Snn pf Ia
crcised their functions for lfo or 30 long as
they conducted themselves uprghtly in Office.
Whom. in 1874 William of Orange was ap-
pointed Regent OF Holland. the estates OF that
province provided that the judges Of the |
Supreme Court and of tho EXchequer should he |
appointed by the Regent with the consent of |
the Estates This principle. entirely un- |
known in England even at the present |
day. has been incorporated in our Federal |
constitution. Passing from criminal to civil |
matters. Mr.. Campbell points out two i'm
rortaEt features Of our land system which are
derived not from EnGl land hut from the Meth
cr!ards. The first is tic law under which
land il equally divided among the children of
nm jntestate: tho second Is our system Of re-
ro:tlina ,ieods and mort cages In Holland all
property both real and personal Of persons
dying interstate leXcopt land held BY feudal
tcnurcs) was equally divided among tho chill
dren under tho provisions Of an act passed in
1850. Tho Puritans who settled New England
adopted the Dutch idea Of the equal iistribu-
hon OF property in case there was no will. and
thence it has spread over tho whole United
States. Tho next popularity in the laws OF
Holland relating to land is that all convey
aEces and mortgages Of real estate were re-
lufred to be recorded in n public Office in order
to give them validity Sir William Temple at
i{as tGn int ,ys q
into Holland and Flanders to tho Emperor
Charles ", but the registry system far ante.
lates his time. Tho charter of Mildelburg.
granted in l2l7. contained the provision that
Ill alterations Of real estate must take place
before the schepens. 1t was u system al
'eaay in existence which Charles Y.
perfected and rendered general. and
which was nftcrward extended by the
Estates or legislature OF Holland SO as
% cover all instruments affecting land in
order to give them validity To this day the
landowners and lawyers Of England have re-
listed the introduction Of q registry system.
IN this side of the Atlantic. on the other hand.
t took root from the first. Tho earliest
settlers Of New York. coming from Holland.
Jrought the institution with them. In 1896
he Pilgrims of the Plymouth colony who had
'lso como from Holland. passed n law re-
luiring all conveyanccs. including mortgages
md leases. to be recorded. Connecticut fol- |
owed in 1899: tho Pnritans Of Massachusetts
n 1911: Penn introduced it into Pennsylvania
subsequently cvery State Of the Union estab-
ished substantially the same system.
VII.
Such are tho leading institutions. political
nd legal. for which tho American republic Is
Indebted. directly or indirectly. to tho Dutch
epublc. which itself inhcrite ed the civilization
II Rome Tho author OF this book. who is the
lrst to offer complete sketch of their history,
rings them all together in n paragraph in
rider that wo may appreciate their combined
Importance. First wo have our Federal Con-
tituton. q written instrument as opposed to
ho unwrtten English Constitution. Next arc
hose provisions Of this instrument which place
hecks on the power of the President in do
laring war and rcaco and in appointing Judges
nd all the higher executive officers. Then
ONES tho Who'll" organization of tho Federal
nnate-a mutu Llo and vpL n nprmunout hldv |