The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-03-22


Vcrsal in the olden times. For centuries
prior to the reformation the custom OF
.Beneht OF Clergy, ma been !rss1cognized.
Mine anointed and do MY prophets no
HARM This is a very credita able IN
stance, by the way. Of tho facility with
which the devil can quote Scripture. tn-
der il a dissOlute monk, when accused ana
convicted OF crime, had merely TO plead
his ecclesiastical exemption to be releas,,
ed. His superior was usually sent Tor AMI
asked this question: "Leglt us ClericusT
or course, the answer always was 'Le-
git" After "A while this privilege was
as learning became more common, II was
granted once only. the culprit receiving
brand on the hand 10 expose him In case
OF a second offense. As this precaution
was generally taken with cold iron II
was not OVer-eflicacious.
The expression going through fire and
water" is a reminder OF another old legal
custom; the testing OF guilt or innocence
through ordeal In The time OF the Plantag-
many are the instances of those who vindi-
Gated themselves by walking bare-footed
over heated plowshares. by swallowing an
incredible amount Of water or by emerg
ing though helpless and bound. from the
deep. A trace Of this choice of evils can
be still found In the plea, by God and my
country" which is a corruption Of the
ancient form, by God or my country"
Sometimes where the accused managed to
break away and to escape he was hanged
in efllgy. This childish revenge was more
ence in England Is still proved by the
annual burning Of Guy Fawkes.
1t is a fact, but little known, that I'm
the time of Elizabeth criminals were con-
demned to the galleys. The roCghness OF
the surrounding seas, however, prevented
the custom from growing, and II seems to
have been overlooked by romance writers.
This is not so with the law forbidding the
drawing Of swords within the precincts of
the kings palace as readers of Ainsworth,
James and Scott can attest. The penalty
for this nfractiOn was the cutting off Of
the eulprit's right hand. and all the hide
Gus fOrmalities are accurately described
in The Fortunes of Nigel by the malici-
Gus Scotch knight to that rather unheroic
hero. Nor was mutilation confined to liv
ing bodies. The corpse of a suicide was
transfiXed with slaves and then buried at
the crossroads. And II is but little over
century ago that the heads of traitors were
biackening over Temple Bar.
In the new world too, drastic punish
ments were prescribed though the in
creasing sentiments Of freedom soon anne.
liorated them. In 1865 the grand jury pre-
scented the town OF Wells. Me-. for not
having provided pair Of stocks, a cage
ana ducking stool. In Massachusetts
witches were burned, women were driven
naked through the streets for non-confor-
nifty, and contumacous defendants press
ed TO death, as is shown in Miss Wilikin
little play. The procedure set forth In
The Scarlet Letter Is founded strictly
on tact, except that the letter could be OF
any color distinct from that of the YES
ture. In New York the negroes convict
ed on plotting to destroy the city were
burned alive Criminals were sold into
slavery in most of the colonies. An in
stance Of how indurated people were to
the rule Of Draco is the case OF the bur-
glar in New Jersey, who, IN 1856. when
sentenced to five years penal servitude
under new law. begged pitiously that he
might be punished under the former
statute. Its penalty was death by hang
ing.
Connecticut. by the way. seems to have
attained the highest eminence for harsh
and unreasonable laws, and yet the fol-
lowing enacted in New Jersey, can hard
ly be surpassed: "All women of what
ever age, rank, profession or degree,
whether virgins maids, or widows. who
shall after this act impose upon, seduce or
betray into matrimony any of his majes-
tvs subjects by virtue Of sceRts cos
metics, washes, paints. artificial, teeth.
false hair, or high heeled shoes, shall In
cur the penalties or the law now in force
against witchcraft"
But all such abuses of judicial and legis-
/ latiye powers were abolished In this coun-
try long before they were even modified
in England. They were exOtics brought
from that land, and soon found our soil too
vigorous, ana our air too clear and brisk
for their nurture. In the Dutch settle
ments they never caught root. In general
ii may be said that the chief fault with
American laws is the carelessness with
which they have been passed. Their oddi-
ties are comic. rather than tragic. Nor are
these all ancient For instance, in the
Revised Statutes of Indiana Q88D, regard
ing the unlawful crossing Of railroad
tracks there is the provision that 'ff any
person shall be injured or killed by reason
of such crossings he shall be imprisoned
in the state prison for not more than four
teen, nor less than two years" This re-
calls tha Irish statute book, which be-
gins: 'An act that the kings officers may
travel by sea from one place to another
within the land Of Ireland" So, too, there
Is a Nebraska statute, which makes IL
unlawful for any person to fire off any
pistol. revolver. shotgun, etc, on the
highways, except TO destroy wild fero-
cious beast, or an officer I'm the discharge
of his duty" Where lawmakers are I'M
trained, much ridiculous legislation must
be expected. But the limbo of dead-let-
ter laws is limitless, and it Is a matter
worthy Of pride that even the vast ma
jority of these are humane.
There Is a strong fascination about an
cient law reports. Within them Is con-
tanned history impartial and unexpurgat-
ed. AS a source of romance they are in
exhaustible Abductions, duels, treason
lines or italics. They furnish the material
without the thrill, the body divorced from
the soul. Often the text, like that of a
merchants letter must be translated: but
then, similarly. its business is at once
manifest Even the tales and puzzles of
childhood are often found to have been
facts in their origin; and Bluebeard is
proved a reality and that amazing prob
lem of a penny for the first horseshoe nail
and so on In arithmetical progression a
question that had to be equitabIy settled
by a Judge. Human nature is dilineated
without blur or shading. and with ali
the accuracy which Hawthorne ascribes
10 the sunlight IN the House Of the Sew
en- Gables" And though one Is often put
to shame yet. even as the undeVout as
tronomer IS mad, so one must be insensate
who cannot divine. within, the steady
rroerraae Of the human raco