American literature -- Indiana; Indiana; Indiana -- Social life and customs
Isaac Blackford (1786-1859), for thirty-five years a justice of the
Supreme Court in Indiana, was a native of New Jersey and an alumnus
of Princeton. He was one of the ablest judges the State has ever
known, and his opinions as they appear in the eight volumes of reports
which he published are models of lucid and direct writing. The law has
always been served in Indiana by able men; and it is a satisfaction to
contemplate the bench and bar of the earliest times, when the court
was itinerant. Under the first constitution the Circuit Court bench
consisted of a presiding judge, who sat in all the courts of a circuit,
and of two associate justices, elected in each county, who were usually
not lawyers. They were supposed to insure an element of common-sense
equity in the judiciary, and even had power to overrule the presiding
judge and give the opinion of the court. But the lawyers had little
respect for the associate justices, and if the presiding judge could
not attend a sitting of the court, they declined to submit important
cases, and sought diversion at the expense of the associate justices by
raising profound questions of abstract law. An attorney named Pitcher
once used the phrase _de minimis non curat lex_ before an associate
justice described by Robert Dale Owen as an illiterate farmer, short
of stature, lean of person, and acrid of temper. The learned counsel
had expected to translate for the benefit of the bench, but before he
could speak, the justice interrupted impatiently, “Come, Pitcher, none
of your Pottawattomie; give us plain English.” The lawyer did not pause
or look at the court, but continued talking to the jury. “The case,”
said he, “turns chiefly on that well-known legal axiom which I have
already had occasion to bring to your notice,--_de minimis non curat
lex_,--which, when reduced to the capacity of this honorable court,
means--observe, gentlemen, means that the law does not care for little,
trifling things, and,”--turning sharply around on the diminutive figure
of the justice,--“neither do I!”
Public-domain text, read in full here on John Shaqi.
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