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“The Genius of the Common Law” they raised fresh difiiculties almost at
every turn, and in the first half of the nineteenth century the confusion of common law pleading had become, as
Sergeant Hayes found it, more intricate than ever. I have not heard that in any Ameri can jurisdiction there was any judicial or other regulation whose effects were as disastrous as those of the New Rules made by the English judges in 1834, but
I suppose that on the whole complaints of the same kind were pretty common, as otherwise it would be hard to account for the existence of modern codes of procedure in New York and other states,
habitual, do not undertake at this day to subvert the law, but only do their best to thwart or evade it in their own particular interests. Various modern theorists, political or economical, are hostile to particular
legal institutions or their existing forms; and hence it is easy for their opponents, and sometimes profitable, to charge them with conspiring against the very exist
ence of the law.
Concerning Socialism
in its many forms there is plenty of room for legitimate criticism, but the antino
main heresy seems to be about the last kind that it can be reasonably accused of.
For the one thing in which all
and for various alterations short of actual Socialistic plans agree is in requiring not code pleading. from the simple and al less legal compulsion than is imposed by most patriarchal method of Vermont. existing civilization, but a great deal which Mr. Phelps described to me many more. Herein we may note that some persons years ago, to the more elaborate scheme of Massachusetts, resembling, in a general who have been called, or have even called way, that which satisfied our courts in themselves, Socialists, were really An England under the Common Law Pro archists; William Morris, for example, as shown by his "News from Nowhere,” cedure Acts, from 1852 to 1875. which, whatever else it may be, is the
IV. ENEMIES IN THE GATE So far we have spoken of the dangers to the common law within her own house hold. Before we can understand the
limits and the difficulties of possible remedies in the Middle Ages we must consider the outside foes which had to
most delightful exposition of pacific anarchism in our language. Our Lady does not care much by what name the Chief Magistrate is called, whether his office is elective or heredi tary, whether he has as much active discretion of his own as the President
be fought at the same time. One kind of these, as they were the most shame
of the United States or as little as a
less, were the most formidable. namely, men who were strong enough, in parts of England remote from the central authority, to defy legal justice and legal
she does care for is ‘that government, whatever its forms, shall be lawful and
modern king of Great Britain.
What
not arbitrary; that it shall have the essential attributes for which Chief process openly. We find the danger of Justice FOI'tCSCUC'S word was "politi great men defying the law not only cal" as far back as the fifteenth century. She looks for trusty servants who recognized, but prominent in the dooms will stand by her in the day of need. She of the Saxon kings. Next we have to consider the enemies
demands fearless and independent judges
of the law and legal order in modern times. We do not mean ordinary crimi
drawn from a fearless and independent
nals,
straight path to the right hand for any
for
lawbreakers,
occasional
or
bar, men who will not swerve from the
