New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-05-24

conditions that is but slightly dealt with
by the general historian.
We learn, for instance, from Mr.. War
rem that, contrary 10 a cherished ira
dition, the common law Of England was
far from generally accepted in the colo
MES:
1t was never historically true that either
in Massachusetts, Connecticut or Rhode
Island the cOlonists recognized the Eng
lish common law as binding tpso fdcto. SO
far from being proud Of 1t "as their birth
right" they were. in fact, anxious TO
escape from IT, and from the ideas con
nected with It in their mind. The
real fact IS that during these years. 1870
1900. the colonists were making common
law for themselves; and their usages and
customs. and the eXpedients to which they
were forced I'm order to adapt their rules
of life TO the surroundings and the times.
gradually hardened into positive rules Of
law.
The lawyer was, moreover, held In low
esteem by the colonists In New Eng
land the theocracy ruled by the light OF
the Bible, in preference to that OF man
made law; in Pennsylvania the Quakers
opposed all contention and in New York
and the South merchants and land own
ers iealously sought 10 protect their
own exercise Of power. Royal governors
interfered whenever they saw At; in brief,
conditions did not encourage the evolu-
ton Of a trained bar until the middle OF
the eighteenth century, when commerce.
shipbuilding, fisheries. the rapidly grow
ing complexity Of life, created a need Of
lawyers versed in law as a science.
Many new contingencies arose, unpro-
vided for by statute or local custom, and
necessitated recourse to the common
law for decisions. What precedents ex-
listed grew numerous and confusing. At
the time Of the War for Independence
each colony had developed its bar ot
trained lawyers. They rendered impor.
tant patriotic services, furnishing TWEEN
ty-fve Of the ffty-five Signers Of the
Declaration Of Independence and thirty
one Of the fifty-fve members Of the Fed
eral Constitutional Convention. while in
the first Congress ten Of the twenty-five
Senators and seventeen Of the siXty-five
Representatives were members Of the
bar.
StiI. on the conclusion Of peace the
prejudice against lawyers as class re-
vived. partly on account Of the great
number of eminent loyalists the profess
sion had produced, but also because Of
the popular hatred Of everything Eng
fish. including the English common law.
The chief obstacle in the way Of the
development Of the profession in the
Republic was, however, the lack Of any
distinct body Of American law, owing T.
the non existence Of American law books
and law reports. Independence from
English decisions must be had, and thus
came into existence the body Of Amcri-
can law reporters and law writer's.
Connecticut was the first state TO pass.
in 1855 a statute requiring the judges
Of the Supreme and Superior courts to
file written opinions. in order that thus
might be laid "a foundation for a more
perfect and permanent system Of COM
mon laws" in the state. Four years
later Ephraim Kirby made the first col
lection of cases, and published It as
"Kirbys Reports"
The first American law professorship
In America, and the second in any Eng
lsh speaking country. was founded by
Thomas Jefferson in William and Mary
College. in 1779-the "professorship of
law and police" The first man TO hold
the chair was George Wythe. One Of his
first students was John Marshall, of
whose decisions as Chief Justice It has
been said that
The decisions Of no other eminent
judges have so few citations Of authori-
ties. II used TO he said OF him that when
he had formed his conclusions he would
say to one Of his colleagues There.
Story, Is the law. Now you must find the
authorities" Story himself said. When
j examine a question | go from headland
10 headland from case TO case. Marshall
has a compass, puts out TO sea and goes
directly 10 the result"
The period OF 10000 was marked by
a development in state and federal law
far Qrpater than that of any other ora