Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-07-08
Some Changes for the Better This
Century Has Witnessed.
SOFTENlEG INFLUENCES OF THE AGE
Effect Upon the Old Rigor of
the Criminal Law.
WELFARE OF THE PUBLIC
From Attorney General Grigrs' Address to the
Graduating Glass; at Yale.

From Attorney General GrtggS' Address to the
Graduating Class at Yale.
Substantially our system of juriSpru-
dence remains uraltered from that which
cur fathers obeyed and administered when
the nineteenth century first dawned- with
forty-fve state legislatures annually or bi-
ennially engaged in enacting. amending.
experimenting and revising ard constnn tly
issuing vast volumes OF new statutes IL is
remarkable how little alteration has been
made in the substa initial system Of English
law which we Inherited from the mother
country. and which still remains a stead
fast system OF Justice. the foundation OF
our civil rights and liberties. Changes, in
deed. there have been, some for the bot
ter. some. perhaps Tor The worse. Most OF
| them have been in procedure rather than
in the matter of substance or principle.
There has been vast acceleration OF legal
process, from summons to execution. that
is In keeping with the more rapid business
requirements OF the times. The reflnements
and complica tions of practice. both in the
law and chancery courts. which formerly
prolonged to unreasonable lengths the pur-
suit of Justice. and made ii more prudent
for many to bear the ills they had than to
fly to others that they knew not OF. have
given way to more direct, more simple and
expeditions courses Of procedure whereby
Jcstce has been made not only more Ger
tain. but more speedy, thus Increasing gen.
eral confidence In The courts, and adding
immensely 10 the respect and authority in
splred by system OF just and equal laws
efficiently administered.
AboIfshnent of Debtors Prison.
This century has witnessed the practical
adjustment of the evils and horrors OF
poor debtors prisons. out OF a more re-
fined spirit Of humane sympathy. under the
modifying influences of general prosperity
and a larger of aal &
among the population. came an Intolerance
of the idea that any one, guiltless of crime
or fraud. should lose his liberty merely be
cause of his poverty or misfortune. Those
who are familiar through literary works,
with the pitiful condition OF those confined
in the poor debtors prisons of Great Brit
ain must not assume that such system
was peculiar to that country, and that we
in America have always been free from
similar reproach. Such is not the case. on
the contrary until about the end Of the
first half CT the century imprisonment for
simple ceot was the prevalent law In every
state Of the Union In one year during the
second term Of President jefferson. / i5o
persons were confined for debts of So or
less in New York city alone; and we viii
appreciate The poverty Of the time. as well
as the general hardness OF heart among the
so-called creditor class Of that day when
We further learn that OF these |. 1J0 cases
5:fh were for debts under $40. Imagine the
cutlery of horror and Indignation which
would arise AT such condition in our day.
Indeed. one can hardly point to single
modification made either in substantive
law or in judicial procedure during the CEN
fury that has not been in line with the
humane spirit and more generous instincts
that characterize the upward trend OF So
Getty and social life.
Care of the Community.
The general health and safety Of the
community have become. within proper lin
its. objects Of public concern and statutes
sonal safety from accident, water supply
and pollution. are now an important part
Of the statute law of every state. In the
exercise OF police power the government
has become very active in regulating many
things which used 20 be left to the unre-
strained and reckless control of individual
judgment or caprice. IL not only takes
charge Of the public drainage of our cities
but compels well each householder 20
conform the sanitary arrangements of his
dwelling to an approved scientific standard.
IL Furnishes by fine or Imprisonment acts
that tend TO poliute the air we breathe. the
water We drink and the streets in wfr3ch
We walk. II exacts compulsory vaccination
II establishes and maintains quarantine. IL
lorbids The sale OF adulterated food IL reg
ulates the height of buildings and the
thickness Of their walls. IL subjects to in
spection places of amusement and buildings
where crowds assemble. 1t ordaius fire
escapes. 1t has abolished the car stove.
compelled the use of the safety coupler re-
quired dangerous machinery TO be fenced
and guarded. 1t has interfered. on grounds
OF humanity and public welfare, in behalf
OF the children who work in the mines and
the factories. shortening their hours Of la
Dor, and requiring unusual c3re TO be ex-
errciSed for their protection and safety
Contrary to the doctrine OF the common
law. we have now given an action for dam
ages for the death of a human being by
wrongful act To married women the law
has been generous IN extending fun control
of their property rights. and in aDOlshlnR
the ancient feudsl restraints which made the
wife subject TO the domination Of the hus-
band in all affairs Of business nature.
Criminal Law.
The softening influences OF the age have
operated with benefceut effect upon the old
rigor of the criminal law. A hundred wears
ago the law Of England embraced more
than thirty crimes to which the death pen
atty was affixed. Now. both here and there
with the exception of a few rare instances
such as treason. murder is the only capital
onense against the criminal law 1t was
not until near the close of the first half of
the century that the long efforts of the hu-
name reformers were crowned with success
in securing for persons accused OF felony in
the courts of England the right to have
the assistance of counsel I'm their defense
although in cases of inferior crimes and In
prosecutions for treason. by a strange
anomaly, that right had long been accorded.
1t illustrates the obdurateness with which
old customs once withstocd the assaults of
reform to recall that bill to allow persons
accused of treason the benefit OF counsel
was only passed by parliament after seven
sessions of unsuccessful effort
Any review of the century's ameliorations
would be incomplete indeed il il failed to
include that one Of all others the most far
reaching and stupendous in effect and in
volving I'm its establishment the most gigan-
tic struggle that our uation has ever known
between the adherents of two different the
cries of personal right as applied to a par
ticulSr race.
| refer to the overthrow of the system.
originally recognized by our fundamental
law and approved by the Judgment of our
highest federal court. which gave TO one
man the right to take the person and the
services OF another, not as a matter OF
contract, but as a matter of authority and
ownership: to that class OF persons who
In the language of Chief Justice fancy. for
more than century had been regarded as
beings of an inferior order, and so inferior
II at they had no rights which the white
man was bound to respect, and might be
Justly and lawfully reduced to slavery for
the white mans benefit
Slavery Discarded