The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
When the Revolution broke out it also became important in helping
to explain the practice in prize courts. These were set up (or
existing common law courts invested with admiralty jurisdiction)
in all the States, and American privateers gave them not a little
business. In order to secure uniformity of decision in matters
so directly affecting our foreign relations, the Continental
Congress claimed the right to exercise appellate functions,
through a standing committee of its members, and in 1780
organized a formal court for the purpose, styled "The Court of
Appeals in Cases of Capture." Three judges were appointed and
provided with a register and seal. They held terms at Hartford,
New York, Philadelphia and Richmond during the next six years.
On an average about ten cases were disposed of annually, and the
decisions were generally conceded to have been fair and well
supported by the rules of admiralty and the law of
nations.[Footnote: See Jameson, "Essays on the Constitutional
History of the United States," I; J. C. Bancroft Davis, "Federal
Courts Prior to the Adoption of the Constitution," 131 United
States Reports, Appendix, XIX.]
The influence of French ideas was strong in shaping constructive
work in American politics, as the colonies passed into States;
but aside from the separation of the judicial department from the
executive and legislative it had little effect upon the courts
until the opening of the nineteenth century. Then the principles
of the Roman law, particularly as presented and illustrated by
the French jurists, were seized upon by Kent and Story, and
served greatly to expand and enrich our jurisprudence.[Footnote:
"Memoirs and Letters of James Kent," 117.]
The course of events which has been sketched left certain ideas
in regard to the position and powers of the judiciary with
respect to the other branches of the government firmly imbedded
in the American mind. These may be thus summarized:
Judges were to proceed according to established rules, so far as
established rules might exist.
They were to proceed in analogy to established rules as to points
which no established rule might cover.
They were to look to the common law and political institutions of
England to determine what rules were established, as to points
not covered by local usage or legislation.
Local usage or legislation might, within certain limits, depart
from the common law and even from the political institutions of
England.
There were limits to such departure, and a colonial statute or
judgment which transgressed them could be annulled or set aside
by a higher authority.
This higher authority might be judicial or political, or one
which shared both judicial and political functions.
* * * * *
CHAPTER II
THE SEPARATION OF THE JUDICIAL POWER FROM THE
LEGISLATIVE AND EXECUTIVE IN AMERICAN
CONSTITUTIONS
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