The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-10-18
OUR LAW BETTERS ENGLAND'S
PROF. BRYCE THINKS so, BUT
SEES SOME SHORTCOMINGS.
We Can't Constitutionally Pass Laws Pre-
venting Private Persons From Treating
Forest rs Private Property--A Sum.
mary OF Our Laws Good Points.

mary OF Our Laws Good Points.
The Right Hon James Bryce, NJ. p, LII. D.,
D. &C. L., continued yesterday his lectures on
Law In It's Relation to History" at Column
bia University, and dealt at some length
with the law Of the United States.
Comparing legislation here and in Eng
land since l778, he said II showed how
given two bodies OF law that are substan-
TALLY identical, and given two peoples OF
different soil, but practically identical as
to mind habit, intellect and ideas, as Colo
NAL England and home England were In
1778, what difference is made by environ
ment, and how conditions, economic, ma
terial, political, intellectual and mental,
can make law differ and make the tracks
Of the two bodies OF law diverge just as
two ships issuing from the same port
and taking different courses cross the
ocean and yet lose sight of each other.
1T Ia a remarkable fact" said Prof.
Bryce. that slavery left practically no
trace In your law, but the explanation is
quite simple. Slavery was always ex-
traneous, and hadn't anything to do with
the substance Of the law Of the country.
The common law Of England didn't recog-
nize slavery. It never found Its way into
the common law; and the statute law OF
the Southern States didn't appear to affect
the statute law of the United States gen.
orally, because. owing to the Federal sys-
tenn, the statute law Of the Southern States
had nothing whatever to do with the statute
law of the Middle, Northern or Western
States. In certain number of States
there was passed Fugitive Slave act, and,
% ha lok pf q
was either repealed or abolished or died
out because there was no use for It,
The sentiment OF equality existing here
before the Revolution. and which became
still stronger after your Revolution, has
tinted or dyed our law, he said, The anx-
iety for rapid development and economic
causes were also factors. Because the
people were anxious for the development
Of virgin soil they voted in hurry, often,
to afford the greatest possible facihty TO
man who wanted to develop the natural
of this was a disposition to enlarge the
sphere of the law.
He noted that we have given a very mar
row field for administrative control your
local authorities, he said, have some power
but it is restricted You don't 7, let ~, them en-
We allow them to engage in all sorts OF
enterprises and undertakings which you
don't generally trust to them"
@Yo,l also got rid Of the distin ctive priv
leges belonging to particular churches
and all religious bodies were put upon an
equal footing. You made far better pro-
vision for education than we did. You
amended the criminal law, and changed
the penalties, and gave better treatment
to the prisoners. / don't say that Is 80
now. but YOU were ahead Of us in carry
ing forward the spirit Of humanity.
and it was largely the spirit OF free
dom and OF letting everybody do what
they please that induced you. to make
80 many experiments as are made IN your
marriage law and divorce law. particularly
the divorce law. And much OF this legisla-
considering what the ultimate effect would
be upon the community In the long run.
"There is another important point. You
restrict your legislatures In their powers,
which in England has never been done
You drew the very proper distinction tnat
did not occur to our minds, that Legislation
may not always be properly expressive OF
the will of the people, and very naturally
certain powers were reserved to the peo-
pie, and certain acts can only be done by
the direct vote of the people
at is a curious thing that the Australians
have lust made a constitution which shows
evident traces OF the effects OF the infiu-
ence OF your Constitution. but the AUS
tralans have not restricted their legls.
lature in the way you did. They are still
under the influence OF English ideas.
Az a result OF these differences We have
In England however, legislation that you
can't have here in America. You couldn't
have passed the moorland act, for instance,
which prevented owners OF mountain
and moorland not used for agriculture
from closing 1t to the people.