The Bottineau pioneer. (Bottineau, N.D.) 1885-1895, 1895-03-02
A COMPARATIVE STUDY
Of Jewish and Angle. Saxon law.

CONTINUED from last week.
Written for the Pioneer.) 4
During ,the period Moses was in exile
the Jews had perfected their organization
in Egypt, the tribes we're reformed and
some sort of system adopted calculated to
bring into unity the immense swarm the
Jews had become AS far Eas laws we're
concerned, there seems to have been an
entire absence of a judicial system-in
fact. it was unnecessary They we're a
subject people and under Egyptian law.
1t is mistaken idea, however, to suppose
that all the people experienced the cruel
ties popularity presumed-it twas only a
certain portion. but anyonelwas liable to
be drafted. When the Jews. left Egypt
they possessed large herds oflcattle. They
had lived by themselves in certain prov
inces as separate as the black and white
races of the south today. Their position
was rather that of tributary people SUBJ
ject to levy on their able-bodied men for
work on public buildings. As the public
works of Egypt constructed during this
period required an immense amount of
manual labor, on account Of the want of
labor saving machinery, the levy would
be large, and thus the reference in the
Bible to oppression would be sufficiently
explained in the light of these facts.
The irrupeion of the Jews was not alto
gether like the irruption Of the various
Celtic and Teutonic tribes. The latter
in a great many instances made their
raids in bands gathered round the stand
ard of some famous leader. conquered and
settled down by marrying females among
the conquered peoples The Jews, on the
other hand, moved zen masse," tarrying
in the wilderness a sufficient length of
time to adopt and put in good working or
der perfectly formed national govern
ment. They landed in Canaan thorough
ly equipped-Moses putting the finishing
touches on the government and supplying
a new code constitution. The Jewish
form of government, in its purely polite
al aspect, was republican. but taken as
planned by Moses, was Theocracy-the
latter form going one step further and
placing the religious element foremost.
But the Divine form being beyond our
horizon, we consider Israel as the first
great republic, or in certain sense, the
first federation, being composed of twelve
republics Each tribe, weak or strong,
was one perfect unit. Whether the tribal
divisions as adopted. contained only the
lineal descendants of Jacobs sons whose
names they bore, is dificult to state. 1t
would seem rather as if the organization
formed in Egypt had been more of an at
tempt at something like ordA-. and that
the taking of the names of Jacobs sons
was due more to feeling of pride in
their great ancestor. The Bible, however.
is silent on such point, while the old
Egyptian records and cuneiform inscrip-
tions are untrustworthy, being hazy.
The fundamental law of the nation was
the constitution as embodied in Moses
law. and was unchangeable: The laws
might be altered, but the form and spirit
must be retained. The Jewish Federation
portant feature. In our government to-
day the u S. Constitution must be con-
suited by congress for grant of power
given by the states before it may act, but
with the Jews their central government
might do anything not forbidden it - more
like the position of state. The Jewish
congress was representatives elected by
the families in each tribe, and had the
power to enforce its rules on the people.
1t passed laws, regulated treaties and per-
formed other such acts consistent with
sove' eighty. Its sessions were held annu-
ally at the seat of government. and until
the election of king, the high priest. a
hereditary position, performed all the du-
ties of the executive, at least SO far as car
rying the laws into effect was concerned.
The high priest had not the veto power,
nor could he grant pardons nor use other
similar powers usually regarded as the
prerogatives of an executive. After the
return from Babylon, such powers we're
conferred upon the priest and during the
rule of kings they held these powers. The
high priest had council of chief priests
to assist him in the affairs of state-these
positions depending more upon length of
service than birth, and correspond to the
Curia Regis of early English history.
The high priest, or whoever occupied
the executive chair. presided at the meet
ing, of the congress, but had no voice in
its deliberations outside of decisions of
matters pertaining more to the legal line.
This feature will be more apparent when
we discuss the judicial system. After the
election of David as king the throne be-
came hereditary and the powers of maxi
ing war and peace. negotiating treaties,
ETC., became attached to the executive
The judicial system at first aPpointive at
the hands of the executive, became ent;ye-
ly confined to the Levites. The only
questions brought before the national
courts we're those which arose between
two or more tribes, and explanations of
the constitution. From these courts, ap-
peals could be taken in all questions ex-
cept constitutional ones. to the congress.
thus making it the court of last resort.
II was thus the famous Sanhedrin obtain