The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-03-17
HARR1soN's LAW LECTURES.


When it was announced that ex-
President Harrison was to deliver a
course of law lectures at the Leland
Stanford University at Palo Alto, Cali
fornia. much interest was at once eX-
cited among the legal fraternity and
also in the educational world. This,
not only ON account of the high posi-
ton held by the lecturer in the affairs
of the nation but also because of his
legal talent which was recognized
apart from his political influence and
liability. The San Francisco Examiner
in addition to giving a summary of the
lecture also published an abstract con-
tanning its chief points as approved by
the lecturer, and for the benefit of his
admirers we copy it as follows:
| 1t is not my purpose to enter into much
detail. but it is important to notice
some general aspects of the charters
under which American settlements
were made and to outline the develop
ment in the colonies of those unwrit-
I ten constitutions which came by use
to be treated, though not so accepted
by the English crown, as expressing
I the fundamental civil rights of the in
habitants.
The colonists demanded all their
charter rights, but never accepted
these as all their rights. The earlier
charters were chiefly land grants for
1 commercial purposes. The Parliament
| did not participate. They were made
/ n 1ieae- Iy-cr1 ny cd hni
money, but not their persons. Later
political interests came to have fuller
consideration, and finally to be of first
! Importance. There were three general
| classes of colonies. Massachusetts,
| Connecticut, Rhode Island and Virgin
ia until 1924 We're charter colonies.
Large legislative powers We're given in
most OF these to the colonists. 1t is in
teresting to note that Connecticut and
Rhode Island continued their charters
las their state constitutions, the first
until 1918 and the latter until 1872
In the royal colonies representative
assemblies were organized and a large
measure of popular control assumed,
! but the Crown, through his governors,
had supreme executive control.
| The proprietary colonists constituted
the third class. In these grants We're
made to private individuals, who ex-
ercised executive control through their
appointed governors; but in these also
the people were given or assumed
large legislative control
J The colonists did not accent Black
stones view, that the American colon
les We're principally Conquered or ced-
I ed countries; that the common law
| OF England had no authority in them,
ana that acts Of Parliament particu-
larry naming them were binding.
The Massachusetts colony. under the
= "a
| OF the most plenary executive Iegisla-
tive and judicial powers This char
ter was annulled i'll 1864 and a new
one granted in 1881. Under it they still
retained legislative control, subject to
the veto of the royal governor. The
charters of Rhode Island and Connec-
tlcut gave practically complete local
control to the colqnists.
The Virginia charter of 1909 gave
somewhat larger control to the com
pany than that in 1906 In 1919 the
| governor was authorized to Summon
representatives. Their assembling was
me rfst eXemplification of the legisla-
tive principle in America.
IN prelude to his frame of govern
ment Tor Pennsylvania, Penn said,
ANY goVernemnt is free to the people
unoef 1t (Whatever be the frame)
where the laws rule and the people are
la party to those laws He described
the end and purpose of civil govern
ment to be: ITO support power in rev
lerence with the people, and to secure
the people from the abuse of power
that they may be free by their lust
obedience, and the magistrates honor.
able for their just administration: TO,
liberty without obedience is confusion
and obedience without liberty is sla.
very
Before 100, representative assemble:
had become part of the constitution
Iof every state except Georgia, and OF
ina That colony in 1854. In all, except
pennsylvania and Delaware, these bod.
les were bicameral, following the En-.
glish system.
AT the time of the revolution in al
1.-THE colonies a custom of small civil
Subdivisions had been established fol
the control of local affairs. Speaking
Iof this local control. Mr.. Frothinghan
says; They tested their own decl
isions and could correct their own judg
ments." They all had legislative bod
les, one branch of which, at least wa.
chosen by the people. They possessed
the night Of petition, Of free speech, o.
public assemblage, trial by jury anC
habeas corpus. The supreme exeeu
tive power was exercised by a gov
ernor In Connecticut and Rhode Isl
and he was chosen by the people; il
Pennsylvania, Delaware and Mary
land he was appointed by the proprie
tors; in the ether colonies by tn,
Crown. In the latter colonies he wa
an alien element. His lot was an un
happy one. He could not please boil
the people and the King. Each colon
had its own judiciary. Except in Con
necticut and Rhode Island. where the,
were appointed by the legislatures, TIL
judges We're generally appointed b,
the governor, and their salaries pait
out of the colonial treasures. Thei
} Judgments were final, except when ap
pealed to the privy council of the King
for which express provision was mad
: in some of the charters. The suprem
!, lcourt of New York, in 1854 held tina
this appeal did not involve re-exam
nation of the facts, but was rather il
Z the nature of a writ of error.
Sir Richard Sutton said, in the Gle
bate on the Boston port bill: eff yol
: ask an American who is his master
he will tell you that he has none-no
any governor but Jesus Christ"
At the conclusion of the lecture TIL
z students loudly applauded.
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