The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
The courts of a State have the same right, except that it is not
final. This the original Judiciary Act of 1789 (Sec. 25) fully
recognized. Something like it may belong to a Convention of the
whole people of a State, called to act upon its fundamental
concerns; for that would represent the sovereignty of the State
as a whole in the fullest manner. It was from such a convention
that the nullifying ordinance of 1832 proceeded, but the vice of
its action was, not so much that it pronounced the protective
tariff Acts unconstitutional and void, but that it assumed to
deny any right of appeal in litigation growing out of these Acts
and the Ordinance of Nullification, from the courts of South
Carolina to the courts of the United States. This liberty of
appeal in the regular course of judicial procedure is the one
thing which keeps the United States in existence.
The law governing the ordinary transactions of life is that of
the State where they may have their seat. This was affirmed in
the original Judiciary Act,[Footnote: U. S. Revised Statutes, Sec.
721. As "equity follows the law," State legislation creating new
equitable rights or varying those formerly established also
affects causes in equity in the Federal courts. Brine _v._
Insurance Co., 96 U. S. Reports, 627; but see James _v._
Gray, 131 Federal Reporter, 401.] as a general rule for the
courts of the United States in trials at common law. By another
Act of Congress,[Footnote: _Ibid_., Sec. 914.] the practice,
pleadings, and form and mode of proceeding in civil causes, other
than those of equity and admiralty jurisdiction, in the Circuit
and District Courts are to conform as nearly as may be to that
followed in the State within which these courts may be held.
The State laws which are thus made a rule for the United States
courts are the law of the State as it is understood and applied
in its own courts. Hence the construction of a State statute, or
the doctrines of the common law in a particular State, if
definitely settled by the courts of that State, must be followed
in subsequent litigation in the federal courts. Where, however,
a State court has taken a certain position as to what the law is,
and afterwards changes its position, the federal courts are not
compelled to change with it, if this would do injustice to one
who has meanwhile acted on the faith of the original
ruling.[Footnote: Burgess _v._ Seligman, 107 U. S. Reports,
20, and see argument of Daniel Webster in Groves _v._
Slaughter, 15 Peters' Reports, 449, 489.]
Nor are the federal courts, in large questions of a commercial
nature, bound always to accept the opinion of a State court as to
what the common law of the State may be. The manner in which
this doctrine has been evolved is an interesting example of the
manner in which law develops by litigation, and new points are
struck out in a single case as the joint product of lawyer and
judge.[Footnote: See Chaps, XVII, XVIII.]
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