CHAPTER LIX.

THE LAWS UNDER THE JUDGES--THE VOICE OF THE PEOPLE--ELECTIONS--RIGHTS

OF THE PEOPLE--CHURCH AND STATE--THE CRIMINAL PROCEDURE.

We next enter into the consideration of the law as it existed under the

Judges, gathering our information from various passages in which it is

directly referred to, or wherein some historical incident is narrated

which throws light on its powers and manner of execution.

From the death of king Mosiah II. (B. C. 91), the governmental

authority was vested in a chief judge and other subordinate judges

and officers, all of whom were elected by the voice of the people,

to judge according to the laws which had been given to and accepted

by the people. Their authority was defined by the law (the code of

Mosiah), but within the bounds therein prescribed they appear to have

held unrestricted powers. This was especially so in the case of the

chief judge. No civil council or parliament divided with the chief

executive the authority to make war or conclude peace, to decide the

terms of treaties, or frame enactments for the regulation of public

affairs. No direct statement is made of the length of the term that a

judge remained in office, but from the historical narrative we gather

the idea that he was elected for life or during good conduct. We have

instances of judges resigning, but none of their removal by the people

because their term of office had expired. Each city or land appears to

have had its chief judge or ruler as well as its inferior magistrates,

all of whom were responsible to the chief judge of the whole nation,

whose seat of government was located in the Nephite capital, Zarahemla,

when the city was not in the hands of Lamanites or traitors.

The manner of conducting elections is not clearly defined. The result

is always spoken of as the voice of the people. The mode of procedure

was uniform, that is, it was the same throughout the land. In the

election of the first chief judge (Alma the younger), the people

assembled in bodies throughout all the land to cast in their voices,

which conveys the impression that they declared their choice _viva

voce_, or by acclamation rather than by lot or ballot. It is quite

possible that the methods were entirely dissimilar to any known at

modern elections; this, however, is but conjecture.

When the sentiments of the people were greatly divided and party

feeling ran high, the opposing factions assembled in separate bodies

throughout the land to cast in their voices, as in the attempt to make

Amlici king. The decisions of the people in these assemblies or mass

meetings were laid before the judges, who proclaimed the result. In

cases where the petition was made for any particular object, or for a

change in the law, the judge directed that a special election (if we

may so term it) be held, and the results were proclaimed according to

the voice of the people, as a whole, or if they were divided, according

to the voice of the majority.

Under the code of Mosiah, the judges received wages according to the

time which they labored to judge those who were brought before them;

and their wages were a senine of gold, or its equivalent a senum of

silver, for each day that they were thus employed. As the Nephites

had changed the names and values of their coins from the old Hebrew

standards, we have no direct way of judging from the record how

liberally these officers were remunerated. Lawyers, also, were hired

and appointed by the people to administer the law at the time of their

trials; it is presumable that these acted in behalf of the republic

somewhat in the capacity of prosecuting attorneys in the United States.

If trial by jury was in vogue among the Nephites, we have not been able

to find any reference to that method; indeed the evidence is altogether

in favor of the idea that the judge decided as to the guilt or

innocence of the accused, and, if adjudged guilty, passed sentence on

the culprit. The corruption of these lawyers and judges early became,

in some portions of the land, a foundation for the destruction of the

government.

When the chief judge was elected he took an oath of office, and it is

presumable that the lesser officers did the same. The nature of that

oath can be easily understood by referring to the case of Pahoran. He

was appointed chief judge and governor over the people, with an oath

and sacred ordinance to judge righteously, and to keep the peace, and

the freedom of the people, and grant unto them their sacred privileges

to worship the Lord their God; yea, to support and maintain the cause

of God in all his days, and to bring the wicked to justice, according

to their crimes.

The punishment of corruption, or malfeasance in office, was specially

provided for. King Mosiah explains the provisions of the law on this

subject in the following language: And now if ye have judges and they

do not judge you according to the law which has been given, ye can

cause that they may be judged by a higher judge: if your higher judges

do not judge righteous judgments, ye shall cause that a small number

of your lower judges should be gathered together, and they shall

judge your higher judges according to the voice of the people. These

safeguards became strong bulwarks for the protection of the rights of

the individual and the preservation of the liberty of the whole people.

When Alma, the first chief judge, resigned that office, so that he

might devote all his time and energies to the work of saving the souls

of men, he nominated or suggested his successor; but whether this was

simply a courtesy extended to him by the people on account of their

great love for his person and respect for his judgment, or whether it

was a provision of the law, is not plain. The passage states that Alma

chose Nephihah as his successor, and gave him power, according to the

voice of the people to enact laws according to the laws which had been

given, and to put them in force according to the wickedness and crimes

of the people.

The rights of the people were:[12]

_Personal Liberty_:--It was contrary to the law of Mosiah that there

should be any slaves among the Nephites.

_Equality before the Law_:--No privileged classes. All men to enjoy

their rights and privileges alike.

_Uniformity of Taxation_:--The burden of supporting the government fell

on all the citizens, that every man might bear his part.

_The Elective Franchise_:--Whether the suffrage was confined to men, or

universal, or limited by any particular restrictions, does not plainly

appear.

_The Rights of Petition_:--As examples of the exercise of this right

we introduce the following: At the time when Pahoran was chief

judge a part of the people desired that a few particular points of

the law should be altered. The chief judge refused to alter the law,

whereupon a portion of the people petitioned him, and he directed that

an election be held, or rather that the voice of the whole nation be

appealed to. This being done, the result proved that the majority of

the people objected to a change. Again, Moroni, the commander-in-chief

of the Nephite armies, sent a petition to the chief judge for power

to compel certain dissenters to help defend their country against the

national enemies, or to put them to death. His request being according

to the voice of the people, the desired power was given to him. Here

we have instances of the right of petition exercised, in one case

by a large body of the people, and in the other by a single, though

important, individual. Both were extraordinary circumstances, and in

the latter case it appears to have required the all-powerful _vox

populi_ to give validity to the action of the executive.

The statement is frequently made, though in slightly different phrases,

that the law had no power to punish a man for his belief; for it was

strictly contrary to the commands of God that there should be a law

which should bring men on to unequal grounds. If a man believed in

God it was his privilege to serve him; if he did not believe in him,

there was no law to punish him. * * A man was punished only for the

crimes he had done; therefore all men were on equal grounds. Unbelief

was handled by the church, not by the civil law. The names of those

whose hearts were hardened were blotted out and they were remembered no

more among the people of God. During the days of the Judges there was

no church established by law; when the people served God they elected

righteous men for their rulers; when the masses fell into unbelief and

transgression they chose Gadianton robbers and such like to administer

their laws.

If the rights of women, under the law, were any different, more or

less, than those of men, we have no information; in fact, the inspired

record is entirely silent on this subject.

The criminal law inflicted the death penalty for murder, rebellion and

treason; for robbery, theft, adultery, sexual abominations, fraud and

lying, lesser punishments were inflicted.

The first recorded case of execution for murder under the rule of the

Judges is that of Nehor, for killing the aged patriot, Gideon. Another

noteworthy case is that of Paanchi, the son of Pahoron, of whom it is

written that he was tried according to the voice of the people, and

condemned unto death; for he had raised up in rebellion, and sought to

destroy the liberty of the people.

No high priest, judge or lawyer had power to inflict capital

punishment. When a man had been tried and condemned to death by the law

his condemnation had to be signed by the governor of the land, before

the sentence could be carried out. The mention of governor in this

relation, with other passages in which the chief judge and governor

are spoken of as different persons, suggests the idea that as the

Nephites grew in numbers and spread over distant regions, the duties

of the chief judge became excessive, and a separation was made between

the executive and judicial responsibilities, and divided between two

officers.

The mode of inflicting the death penalty is not stated, but we incline

to the idea that hanging was often resorted to. Military offenders

were, as a rule, put to death with the sword. Of Nehor it is said that

he suffered an ignominious death at the top of the hill Manti, and

that, before his death, he acknowledged between heaven and earth that

he had taught false doctrine. Zemnarihah was hanged upon the top of a

tree until he was dead, and then the Nephites felled the tree to the

earth. Many of the martyrs were burned to death by unjust judges, or

stoned, as was Timothy, afterwards one of the Twelve Disciples; but we

regard this last act as resulting from the violence of a mob, rather

than from any pretended execution of the law.

The law with regard to debtors seems to have been somewhat severe. On

this point it is stated, Now if a man owed another, and he would not

pay that which he did owe, he was complained of to the judge; and the

judge executed authority, and sent forth officers that the man should

be brought before him; and he judged the man according to the law and

the evidences which were brought against him, and thus the man was

compelled to pay that which he owed, or be stripped, or be cast out

from among the people as a thief and a robber. If a man desired to

pay, but from misfortune could not, doubtless the law contained some

merciful provision in his behalf.

It is more than probable that the mode of procedure in all criminal

cases very much resembled the one cited above, and from it we can

gather a very clear idea of the practice of their courts, which differs

but little from that of our own day. The complaint was first made,

the proper officer was then authorized by the court to arrest the

accused and bring him before the judge, the trial next took place, the

witnesses gave their testimony, the law and the evidence were examined,

the opposing lawyers were heard, the judgment was given, the sentence

pronounced and lastly carried out. In times of war the military code

seems to have varied according to the exigencies of the situation.

As a rule, the Nephite armies were composed of volunteers. In times

of great danger to the republic, enlarged powers were given to the

commander-in-chief. In one place we find the statement that Moroni,

having been appointed by the chief judge and the voice of the people,

had power according to his will with the armies of the Nephites, to

establish and to exercise authority over them; also, he caused to be

put to death those of the Amalickiahites (rebels) who would not enter

into a covenant to support the cause of freedom and the rights of their

fellow-countrymen.

Prisoners of war were evidently treated much the same as in modern

civilized nations. Indeed, in one place, the fact that the necessities

of his position compelled Moroni to set his Lamanite prisoners to work,

is referred to in somewhat of an apologetic tone. When such prisoners

attempted to escape, they were slain by their guards. We have numerous

instances where prisoners were released on parole, or on their giving

such promises to the Nephite general as were thought necessary.

It frequently happened, during the days of the Judges, that the

Nephites, in some of their periodical spasms of apostasy and

wickedness, would clamor for changes to be made in their just and

wise laws, in a manner to better suit their degraded habits and

course of life. When the majority of the people were on the side of

righteousness, these attempts were in vain. When wickedness abounded,

the corrupt majority carried their points. The record of their history

shows that in the sixty-second year of the Judges (B. C. 30) they had

altered and trampled under foot the laws of Mosiah, or that which

the Lord had commanded him to give unto the people; and that their

laws had become corrupted, and they had grown wicked like unto the

Lamanites. Seven years later the corruption of the people had become

pitiable. The Gadianton robbers were filling the judgment seats,

having usurped the power and authority of the land: Laying aside the

commandments of God, and not in the least aright before him; doing no

justice unto the children of men; condemning the righteous because of

their righteousness; letting the guilty and the wicked go unpunished,

because of their money; and moreover to be held in office at the head

of government to rule and do according to their wills, that they might

get gain and glory of the world; and moreover that they might the more

easily commit adultery, and steal, and kill, and do according to their

own wills.

Such a condition of affairs, in the course of time, wrought national

disintegration, and would have brought about that result much sooner

than it did, had it not been that, influenced by the mighty preaching

of the inspired servants of God, the Nephites (or portions of them) had

now and again returned to the service of heaven. But such happy periods

were short-lived, and matters went from bad to worse until thirty years

after the birth of Christ, when the republican form of government was

entirely broken up, and the people split up into numerous tribes, each

tribe caring only for its own interests, and giving obedience to its

own particular chief. This state of things only continued for about

four years, as during the terrible convulsions at the time of the

crucifixion of our Lord Jesus Christ, the more wicked portion of the

people were destroyed.

FOOTNOTE:

[12] The people had doubtless other rights which we have failed to

notice, or that are not mentioned by the writers in the Book of Mormon.

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