Appletons' Popular Science Monthly, November 1898: Volume 54, November 1898Various
Science
Appletons' Popular Science Monthly, November 1898: Volume 54, November 1898
Various
Science -- Periodicals; Technology -- Periodicals
In one southern community certain causes may be tried by
a judge with a jury of four, who will probably rise into assessors,
and in another that important step is possibly on the point of being
taken. The courageous Premier of South Australia, who lately defied the
entire English medical profession, has now taken in hand his own not
less formidable guild. He proposes that "in proceedings under certain
acts the bench is to consist of a judge of the Supreme Court with two
lay assessors, one appointed by each party to the suit"; and counselors
are peremptorily excluded from such proceedings. In certain other cases
litigants may submit statements of their differences to judges who will
adjudicate without the intervention of counsel. Thus the same middle
point may be reached from opposite termini. A series of levelings down
may bring judicatures of royal origin to the same stage as popular
jurisdictions have reached by a gradual leveling up. The courts will
then unite the majesty of the law, whose "voice is the harmony of the
world," with an impartiality and inexpensiveness that will insure to
every citizen the enjoyment of the most elementary of all rights--the
right to justice.
Side by side with the process of differentiation within colonies rose
up an integration of colonies with one another, which also repeats the
history of the mother country. The same principles of authority and
consent, again in unequal proportions, are blended here. It was by
conquest that the seven old English kingdoms were welded into a united
England, Strathclyde incorporated, Ireland annexed. By force disguised
as bribery, aided by the patriotic or interested efforts of a few
nobles and placemen and in opposition to the will of the inhabitants,
Scotland and Ireland were joined to England. Some four or five groups
of British colonies have reduplicated, or are now reduplicating, a
parallel development. In North America it was preceded and accompanied
by altercations among the different colonies. Boundary disputes
repeat old English intertribal struggles. Tariff wars are now waged,
and commercial reciprocity treaties contracted, between contemporary
colonies. New Haven and Connecticut, which consisted of towns federated
by consent, were united by force. Voluntary alliances against the
Indians or to conquer Canada, or involuntary unions under despotic
rulers, associated larger or smaller North American groups from Maine
to Maryland. The loose confederation of 1781 was too voluntary to last.
The final federation that superseded it had a large element of latent
force mixed with consent. It was hardly less a conquest of the North by
the South than that of the Heptarchy by Wessex. The Constitution is a
monument of Southern ascendency. So it was that, for seventy years off
and on, the United States was governed by a Southern oligarchy, whether
under the hegemony of Virginia or of South Carolina. The dominion of
Public-domain text, read in full here on John Shaqi.
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