The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
A palpable mistake, violating justice, reason and law, must be
corrected, no matter by whom it may have been made. There are
cases in our books which bear such marks of haste and
inattention, that they demand reconsideration. There are some
which must be disregarded, because they cannot be reconciled
with others. There are old decisions of which the authority
has become obsolete, by a total alteration in the circumstances
of the country and the progress of opinion. _Tempora
mutantur_. We change with the change of the times, as
necessarily as we move with the motion of the earth. But in
ordinary cases, to set up our mere notions above the principles
which the country has been acting upon as settled and
established, is to make ourselves not the ministers and agents
of the law, but the masters of the law and the tyrants of the
people.[Footnote: McDowell _v._ Oyer, 9 Harris' Reports,
423.]
Generally, overruling a former decision is due to a change of
circumstances, which has given the court a new view-point. A
marked instance of this occurred in 1851, in proceedings before
the Supreme Court of the United States. More than a quarter of a
century before, a suit in admiralty for seamen's wages on an
inland river had been dismissed by the District Court of Kentucky
for want of jurisdiction, and on appeal this action had been
affirmed. Mr. Justice Story gave the opinion of the court, and
said that a court of admiralty could only take cognizance of such
a claim when the services were rendered at sea or upon waters
within the ebb and flow of the tide.[Footnote: The Thomas
Jefferson, 10 Wheaton's Reports, 428.] This was undoubtedly a
true statement of what had always been the doctrine of both
English and American courts. But out of what did this doctrine
spring? From the fact that in England there were no navigable
waters except those in which the tide ebbed and flowed, and that
in the United States, up to that time, there were none of a
different kind which had been largely used for commercial
purposes. Twenty years passed. Steam navigation had opened the
great lakes and the great rivers of the country to a profitable
carrying trade. The day was dawning when the bulk of American
shipping was to be employed upon them. A suit in admiralty was
brought against a ship for sinking another on Lake Ontario. The
defendants put in an answer relying on the doctrine laid down by
Story. The District Court overruled it. The case came by appeal
to the Supreme Court, and in an opinion by Chief Justice Taney
the appeal was dismissed. "The conviction," he said, referring
to the opinion of Mr. Justice Story, "that this definition of
admiralty powers was narrower than the Constitution contemplated,
has been growing stronger every day with the growing commerce on
the lakes and navigable rivers of the western States.... These
lakes are in truth inland seas. Different States border on them
on one side and a foreign nation on the other.
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