The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
The early practice in this country favored having several judges
hold all trial courts, whether a jury was or was not to be called
in. It was a method wasteful of time and money. In
Massachusetts it survived for their highest _nisi prius_
court until 1804. In many States it endured much longer for
County Courts.
County Courts in some States are courts only in name, except,
perhaps, for some very limited purposes. Their real functions
are administrative. Some or all of those who hold them are often
styled commissioners, and their principal duties are to manage
the general business affairs of the county.[Footnote: See
Constitution of West Virginia, Amendment of 1880; Constitution of
Oregon, Art. VII, Sec. 12.] A statute passed by Oregon in 1903
indicates that those in that State are not fountains of law, for
it requires the district attorneys in each county, or their
deputies, to advise the County Courts "on all legal questions
that may arise." In Virginia, County Courts for a long period
were held by all the justices of the peace in the county, or such
of them as might attend. These magistrates nominated their own
successors to the Governor, who almost never refused to
commission the person so recommended. The court also nominated
the officers of militia below the rank of General, and managed
all the county affairs, besides having an extensive civil and
criminal jurisdiction, including the power of acquittal in cases
of felony. However clumsy and ill-ordered such a scheme appears,
it gave general satisfaction for a long course of years, partly
from a usage on the part of the older members of the bar who
might be in attendance to volunteer advice as _"amci
curiae"_ whenever any doubtful question of law chanced to
arise.[Footnote: Tucker, "Life of Thomas Jefferson," II, 378;
Kennedy, "Memoirs of William Wirt," I, 59.] Even in States where
County Courts have jurisdiction of ordinary lawsuits the judges,
or a majority of them, are sometimes without any legal training,
though this is now less common than it once was.[Footnote:
McMaster, "History of the People of the United States," III,
154.]
The Constitutions of the States generally require the existence
of a Supreme Court of last resort, and often specify also by name
one or more of inferior jurisdiction. Such courts stand on a
firmer footing than those created by the legislature under a
general power to establish inferior courts. The power to
establish implies a power to limit and to destroy. A tribunal
created by a Constitution, with functions defined in the
Constitution, is, as to these and as to its independence of
existence and action, beyond legislative control.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account