The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
The natural remedy would seem to be to have fewer justices of the
peace who are authorized to try cases and to pay them a fixed
salary. Better men could thus be had and independence of action
promoted. That this is not done comes mainly from the feeling
that small controversies ought to be settled by a neighborhood
court; that any man of good common sense can generally deal with
them as well as a lawyer; and that to salary every justice would
be an unreasonable burden to impose on the taxpayer. The system
is also an ancient one; it works well with honest men; and the
people have an inherited attachment for it.
In a few States a sharp line of division is drawn between courts
of law and courts of equity. This distinction was inherited from
England, though it has been for most purposes abolished there by
the Judicature Acts of 1873 and 1875. It originated in the royal
prerogative of interposing to do justice between private
individuals in cases of an extraordinary character when the
regular courts had no power to grant the necessary relief. The
King was accustomed to refer requests for such action on his part
to his principal secretary and councillor. The next step was to
address the request directly to this officer, who was styled the
Chancellor. If a man were acting toward another in a way that
was against good conscience, though without absolutely
transgressing any settled rule of law, the Chancellor could
compel him to desist. If the legal title to land had been
conveyed to one for the use of another, and the holder of this
title refused to recognize the beneficial interest to serve which
he had been invested with it, the Chancellor could bring him to
account, although the common law would give no remedy. Soon,
whenever a man seemed to have justice on his side, but not law,
it was deemed a case for the Chancellor, or a case in chancery.
Relief was given because it was equitable to give it, and so it
was called relief in equity. The jurisdiction expanded.
Wherever there was a right, but no adequate remedy at law, the
Court of Chancery, or, as it was oftener called, of equity, was
recognized as competent to step in and do justice.
The Chancellor had often been an ecclesiastic. He was apt to be
more familiar with canon law and civil law than with the common
law. The justice which he administered came from the Crown, not
from the people. The people spoke through a jury, called in law
language "the country." The Chancellor spoke for himself. If he
called in the aid of a jury, it was to advise him, not, as in a
common law court, to make a final decision as to the question
submitted to it.
Public-domain text, read in full here on John Shaqi.
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