Berrien Springs Journal Era Columns

The Past Is Always Present

By Brian E. Strayer

Mugwumps

Many who read Dr. Lyndon (“Jerry”) Furst’s columns years ago remained unsure whether he was a Republican or a Democrat. Sometimes he leaned toward the liberal camp; at other times, he expressed conservative viewpoints. It is entirely possible, of course, that he was registered as an Independent—and if so, then he was a Mugwump!

Mugwump, according to Panati, is an old Algonkian Indian word meaning “chief.” In his famous Indian Bible of 1663, however, the Puritan missionary John Elliot used it as an equivalent term for an English noble of the rank of duke.

The word first entered the American political lexicon in 1884 as a term of derision. During the presidential election campaign that year, some wealthy, influential Republicans refused to support James G. Blaine, their party’s candidate for U.S. President. Their fellow Republicans rebuked them for their independence and labelled them “Mugwumps.” Today, if you hear the term used at all, it describes someone who thinks or writes independently of party loyalties—like Jerry Furst used to do. Google a good website about Mugwumps this week!

Philadelphia Lawyers

I have several good friends who are lawyers, and despite all the nasty lawyer jokes circulating today, the attorneys I know personally are men and women of integrity. But for more than three centuries, the really smart lawyers in America have been called “Philadelphia lawyers.” Why is that?

This phrase originated in Colonial America when Boston, New York, and Philadelphia were the leading urban centers in the northern colonies. The Philadelphia bar was distinguished for its acuteness and professional skill. In the first great contest in America over freedom of the press, the German-American NYC newspaper editor John Peter Zenger (1697-1746) was sued for libel by William Cosby (1690-1736), the colonial governor of New York, because Zenger had harshly criticized his greedy and high-handed policies in the New York Weekly Journal. The governor had, in fact, accumulated considerable wealth in New York through gambling, appropriating ships’ cargoes, rigging elections, stealing taxes, and grabbing Indian lands.

Andrew Hamilton (1676-1741), then attorney-general for Pennsylvania, defended Zenger in court on a pro bono (no charge) basis. His assertion that the truth of Zenger’s accusations cancelled the charge of libel (a novel argument for the era) persuaded the jury (but not the judge) that the criticisms offered, while slanderous to the governor’s character, were actual facts about his words and actions. This case aroused a great deal of attention because the people were amazed that a young lawyer from Philadelphia could actually win a case in NYC.

Over the long run, the Zenger case promoted freedom of the press. It also gave rise to the statement, “It would take a Philadelphia lawyer to get him off.” Being called “a Philadelphia lawyer” today is a compliment to an attorney’s brilliance and skill in the courtroom. Google a good website about John Zenger, Alexander Hamilton, or William Cosby this week!

Next week: The Liberty Bell

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