The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-08-27
A Century OF American Law.

Mr.. DAVID DUDLEY FIELD may we'll be
called the old man eloquent OF the Amer
lean bar. This distinguished lawyer. now
in the eighty-ninth year OF his age, has
recently prepared for the Columbian Expo
sition in Chicago paper on American Prog
ress in Jurisprudence. which contains a
brief but striking account OF the main fea-
lures Of the development Of the law in this
country from the time OF the origin OF our
Government.
Mr.. FIELD writes clear and vigorous Eng
lish. in style which younger members OF
the bar would do well to study. and his
paper Is not only instructive but interest
ing. In the progress OF American juris-
prudence he finds many things to rejoice at
and commend, and also a few which rem
der him apprehensive as to the future
welfare OF the nation.
The declaration Of the sovereignty OF the
people. according to Mr.. FIELD. was the
first great step in the development Of
American law. By sovereignty. he means
the right to make and to unmake forms Of
government. In this country the sover-
eign power is delegated in part to the Con-
gress. President. and judiciary OF the Fed
eral system Of government, and in part to
the Governments OF the several States: but
the ultimate sovereignty belongs to the
people themselves.
Mr. FIELD points out that a notable
change has taken place in the political sig
MITIGATION Of the word people" in this
country. 1t meant only adult white men
at the time OF the Declaration of Indepen-
dence in 1776. 1t came to include black men
at the end OF the civil war. Now. in one Of
the States OF the Union at all events.
it comprehends adult men and women.
white or black. In Wyoming. women no
less than men are entitled to vote for their
representatives in the government OF the
country. And why should woman not have
this right ?" asks Mr.. FIELD. "She counts
in every enumeration OF the census: her
name Is on every tax roll: she Is the nurser
and instructor OF youth; she forms. more
than man. the habits. tastes. and manners
OF all the living: she Is as deeply
interested as man in good laws well
administered she suffers as much
from bad administration, and profits as
much by good one. l repeat why should
she not vote as well as men? Certainly it Is
not because she is not as capable to rule. In
modern times three Of the greatest rulers
OF the world have been women: MARIA
THERESA of Austria. CATHERINE Of Russia,
and VICTORIA OF England 1t does not be-
come man to say that any Of these great
perSonages was not at least his equal in the
capacity and art Of governing. And in
these States. who will pretend that it is just
and decorous to give the right Of voting to
ignorant blacks. when it Is refused to intel
ligent women"
In the domain Of international law the
influence Of the United States has been no
tably manifested in the successful asser-
ton OF the right Of every person to e1patri-
alton. that is to adopt a new nationality
for himself. irrespective OF his place OF birth:
and in inducing the great Governments
OF the world to settle their differences by
arbitration instead OF by war. Thus far
In the nineteenth century. according to
Mr.. FIELDS enumeration. there have been
fifty-eight instances OF international arbi-
tration. in thirty-five Of which the United
States have participated; and of these one
OF the most important is that relating to
the Behring Sea controversy. in which a
decision has just been rendered.
In national. as distinguished from inter-
national law. the most significant feature
Of the American system OF government Is
the paramount position Of the judiciary.
In this country. the legality of the action Of
the Legislative or the executive department
is finally determined by the courts. Never
before" says Mr.. FIELD. lin any constitu-
tional government, was the organic law
put under the guardianship OF the judiciary.
This is feature purely American. and Of
value incalcuable for the protection OF in
dvidual rights"
Even more advantageous to humanity.
in the opinion Of the learned writer OF this
paper, is the total separation OF the Church
from the State. which has been brought
about in this country. III we had moth
ing else to boast Of" he writes, 1--WE
could claim with justice that first among
the nations, we OF this country made it an
article Of organic law that the relations
between man and his Maker were private
concern into which other men had no right
to intrude."
Other legislative changes in the same
direction include the emancipation OF the
wife from the domination OF the husband,
the abolition OF the possibility OF perpetual
Imprisonment for honest debt the prohibi-
ton of the enactment OF any law that will
make crime Of an act which was not crlmi-
nal when it was done. and the preservation
of the inviolablity Of contracts by forbid
ding the States to pass laws which would i'm
pair their obligations. In respect Of prop
erty rights, the feudal land system has
been practically abolished throughout the
Union; homestead exemption laws have
been enacted in many States an the law Of
personal property and contracts has been
slowly developed through the decisions OF
the courts on substantially the same lines
as have been followed in the jurisprudence
of England.
In respect, however OF procedure In the
courts. this country was the first to break
away from English tradition. and the prac-
tice of the law has been smplied by codes
regulating judicial proceedings in more
than half OF our States and Territories So
advantageous was this change found TO be,
that twenty years ago England herself imi-
tated our example. and adopted what is
known as the Judicature act. for the pur-
pose OF simplifying the practice OF the
British courts.