General History of Connecticut, from Its First Settlement Under George Fenwick to its Latest Period of Amity with Great BritainPeters, Samuel
History
General History of Connecticut, from Its First Settlement Under George Fenwick to its Latest Period of Amity with Great Britain
Peters, Samuel
Connecticut -- History -- Colonial period, ca. 1600-1775; Connecticut -- History -- Revolution, 1775-1783
Other laws I have occasionally animadverted upon in the course of this
work; and a specimen of the Blue Laws, and of various courts, is
inserted.
Nothing can reflect greater disgrace upon the colony than the number
of suits in all the County Courts, amounting in the whole to between
20 and 30,000 annually; the greater part of which are vexatiously
commenced from expectations grounded upon the notorious instability of
the judges’ opinions and decisions.
The spirit of litigation which distracts the province in general is,
however, a blessing to the judges and lawyers. The court has one
shilling for every action called, and twenty shillings for those that
come to trial; and the fee to each lawyer is twenty shillings, whether
the action be tried or not, besides various other expenses. There are
as many suits of conscience before the justices of the peace, and
ministers, and deacons; so that the sum annually expended in law in
the whole colony is amazing. It was not without reason, therefore,
that the judges, the lawyers, the ministers and deacons, the sheriffs
and constables, opposed the stamp-act with all their might. They told
the people that, if this act took place, their liberties would be
destroyed, and they would be tried by King’s judges without jury.
The singular nature of some of the suits entitles them to particular
notice. When the ice and flood prevail in the great river Connecticut,
they frequently carry off large pieces of ground on one side, and
carry them over to the other. By this means the river is every year
changing its bed, to the advantage of some persons and the
disadvantage of others. This has proved the source of perplexing
lawsuits, and will most likely continue to produce the same effects so
long as the demi-annual assemblies remain in the colony; for the
judgment of the Assembly in May is rescinded by that in October, and
so _vice versa_. Thus a lawsuit in Connecticut is endless, to the ruin
of both plaintiff and defendant.
The County and Superior Courts, also, in different years give
different judgments; and the reason is the popular constitution of the
colony, whereby different parties prevail at different times, each of
whom carefully undoes what the others have done. Thus the glorious
uncertainty of the law renders the possession of property in
Connecticut extremely precarious. The question, however, touching the
lands being removed from place to place by the floods and ice,
requires the skill of both juries and casuists. The most simple case
of the kind that has been communicated to me is the following:
Public-domain text, read in full here on John Shaqi.
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