The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
The equitable jurisdiction of the courts of the United States
enables them to interfere in disputes arising out of State
elections in certain cases in which the claim is set up that
rights held under the Constitution or laws of the United States
have been violated. Actions for such relief are rare, and
instances have occurred in which the remedy has been abused for
political purposes.[Footnote: See the proceedings in the case of
Kellogg _v._ Warmoth in the United States Circuit Court in
Louisiana in 1872. McPherson's "History of Reconstruction,"
100-108.]
The centralizing and nationalizing tendencies which set in early
in the nineteenth century and were so greatly strengthened by the
course of events during and following soon after the Civil War
have greatly weakened the position and influence of the State
courts. They have thus rendered the State bench less attractive.
In 1791, John Rutledge, an associate justice of the Supreme Court
of the United States, resigned that office for the Chief
Justiceship of South Carolina. During the last half century,
several Chief Justices of States have resigned to become
Associate Justices of the Supreme Court of the United States.
Associate Justices of Supreme Courts in the smaller States have
also frequently resigned to accept the position of District
Judge, attracted by the life tenure, larger salary, and retiring
pension.
* * * * *
CHAPTER XI
RELATIONS BETWEEN THE COURTS OF DIFFERENT STATES
Every State has all the rights of an independent sovereign,
except so far as its sovereignty is limited by the Constitution
of the United States. As respects each other the States are for
most purposes in the position of foreign governments. The courts
of one are regarded by those of any other as foreign courts,
except so far as the Constitution may have prescribed a different
rule.
No legal process from a court can have any inherent force outside
of the territorial boundaries of the government in which it is
issued. The law of that government may attach certain
consequences to the fact of its service in a foreign country, but
it can do so only with reference to the effect of the proceeding
on persons or property subject to its own jurisdiction. Courts,
as a general rule, can act only when they have jurisdiction over
the person, the subject-matter, and the cause.
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