Civilization in the United States: An inquiry by thirty Americans
General
Civilization in the United States: An inquiry by thirty Americans
United States -- Civilization
Where there is smoke, there is fire. Underneath all this agitation
is a deep-seated suspicion and dissatisfaction aroused by the legal
profession and the whole machinery of justice. It exists despite the
fact observed by Bryce, that our system of written constitutions has
created a strongly marked legal spirit in the people and accustomed
them to look at all questions in a legal way--a characteristic
exemplified when other peoples judged the Covenant of the League of
Nations as an expression of broad policies and the aspirations of a
hundred years, while we went at it word by word with a dissecting knife
and a microscope as if it had been a millionaire’s will or an Income
Tax Act. Moreover, although lawyers as a class are unpopular, they are
elected to half the seats in the legislatures and in Congress. The
profession which cannot boast a single English Prime Minister in the
century between Perceval and Asquith, has trained every President who
was not a general, except Harding. Perhaps this very fact that lawyers
receive public positions out of all proportion to their numbers
partially accounts for the prejudice felt against them by men in other
professions and occupations.
Hostility to lawyers and case-law is no new phenomenon in this country.
Puritans and Quakers arrived with unpleasant memories of the English
bench and bar, who had harried them out of their homes. To them, law
meant heresy trials, and the impression that these left on the minds of
their victims has been set down forever by Bunyan in the prosecution
of Faithful at Vanity Fair. The Colonists were no more anxious to
transplant some Lord Hate-good, his counsellors, and his law books to
our shores, than Eugene V. Debs would strive to set up injunctions and
sedition statutes if he were founding a socialistic commonwealth in
the South Seas. The popular attitude toward lawyers was re-inforced
by the clergy who were naturally reluctant to have their great moral
and intellectual influence disputed by men who would hire themselves
out to argue either side of any question. The ministers who ruled
Massachusetts and Connecticut by the Law of Moses, wanted no rivals to
challenge their decisions upon the authority of Bracton and Coke. And
everywhere, except perhaps on the Southern plantations, the complicated
structure of feudal doctrines, which constituted such a large part of
English law well into the 18th century, was as unsuited to Colonial
ways and needs as a Gothic cathedral in the wilderness. Life was so
pressing, time was so short, labour so scarce, that the only law
which could receive acceptance must be so simple that the settlers
could apply it themselves. Although Justice Story has spread wide the
belief that our ancestors brought the Common Law to New England on
the _Mayflower_, the truth is that only a few fragments got across.
These were rapidly supplemented by rules based on pioneer conditions.
Much the same phenomenon occurred as in the California of 1849, where
Public-domain text, read in full here on John Shaqi.
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