From these two causes there are always a number of statutes, written or unwritten, in every commonwealth which are inapplicable to the exist ing conditions, or they are relics of religious enactments which never had a sufficient reason. The most cultivated of modern nations are far from having thrown them off.
noting, the milestones which mark the positive advance in legislation we may first mention the abolition of In barbarous conditions of society, as among the Algonkin tribes of the United States, when a person was murdered the duty devolved upon his clan to avenge his murder by slaying one of the clan or tribe of the mur derer—not specifically the criminal himself, but one of his kin. This miscarriage of justice was one of the dissolving elements of early society. No firm government over several tribes could be established with indis criminate assassination going on. For this reason one of the first steps taken by the enlightened chieftain who founded the Iroquois Confederacy was to abolish blood-revenge, and to make murder an offence against the state, punishable on the murderer by the agents of the state.
Gcogrophical Foundation of _Ara//ono/ step was the general recognition of a geographical rather than a consanguine unity of the state. We have seen that the germs of this are found in very rude conditions of society; but it took a long time to secure legislation for areas, such as counties, denies, or wards, instead of for certain families or tribes.
Long after such had apparently been the case, it was so but partially. The laws of the district did not apply equally to all the inhabitants. There were " privileged classes " who were exempt from them to a greater or less degree; and there were abject classes, such as slaves and " adscripts of the glebe," who were deprived more or less of legal immu nities and protection. When the enactments for a legislative district came to be applied without distinction to its inhabitants, when all stood "equal before the law," a signal victory for justice had been achieved. But over what a small part of the earth's surface is this the case! And how recent is its advent there! War.—The usual condition of savage nations is to be in conflict with one another; nor can this condition be said to be confined to the lower stages of culture. Long degree a considerable deree of cultivation was
tr, reached, it was looked upon as a matter in the ordinary course of events for nations to fight and men to be warriors.
Though the cruelties committed and the miseries inflicted by war have been the theme of innumerable writers, and with justice, yet it would be unfair to leave out of sight the powerful element it has been in estab lishing governments, instituting laws, and improving individual and national life.
Nations, like individuals, differ widely in valor and the love of con tests. In some instances their timidity preserves them, as when they submit without resistance to a powerful foe; in others it leads to their destruction, and they are cut to pieces by a merciless enemy. Either of these results may occur also with a notably warlike people, but from other reasons. They may save themselves by a valorous defence of their lives, or their readiness to take up arms may lead to their extermination. The Susquehannocks, whom Captain John Smith saw and admired on the Chesapeake in 1609, were a tribe of fine frame and tireless in war, but they were completely exterminated in a few generations, while their neighbors, the peace-loving Lenape, still survive in considerable numbers.
The Adz:an/ages of II beneficial influence of war is seen both on the individual and the state. The warrior or soldier must subject his appetites to the rigid discipline of the camp; lie must train his muscles and his senses to their highest degree of efficiency; he must task his inventive powers for means to circumvent his enemy; he must accustom himself to act in concert with others in carrying out matured plans; and lie must learn the salutary lesson of prompt and entire obedience to orders. All this is required in the forays of savages as much as in the campaigns of modern armies.
The guerdon of the successful warrior compensates for the toils of bat tle. In all ages he has been the typical hero of the race. His name becomes illustrious, nations and their kings delight to do him honor, the wealth of the world is at his feet.