The International Magazine, Volume 2, No. 2, January, 1851Various
History
The International Magazine, Volume 2, No. 2, January, 1851
Various
Art, Modern -- 19th century -- Periodicals; Literature, Modern -- 19th century -- Periodicals; Science -- History -- Periodicals
"The visit of Mr. Dudley Field to England, and his interesting
statements to the members of our Law Amendment Society, are
real events in the progress of law reform in this country. The
injustice which the English people submit to in the revered
name of Law, and in the sacred but in their case profaned name
of Equity, is more enormous than the future historian will be
able remotely to conceive. The keystone of the barbarous Gothic
portal to Justice in our common-law procedure was struck out
some twenty years ago, when the logical forms of legal contest
were reduced to their now moderate number; other heavy blows
have further undermined the ruin, and almost cleared away
whatever was feudal in that portion of the edifice; and then
came the raising of the new and noble portal of the County
Courts. Still, in all but the most trivial litigation the delay
and expense are such that justice can only be had at a
percentage utterly disgraceful to a nation either honest or
merely clearheaded and commercial. We still preserve a
diversity of tribunals, to administer laws that ought not to be
inharmonious; and we are prevented from making the laws
harmonious by the difficulties of finding tribunals able to
rule the concord and administer the whole field of law as a
single empire. In this case, as in a multitude of others, our
young relations across the Atlantic have done that which we
only longed to do. In this rivalry of nations, far above all
other rivalries, they have pushed development of institutions
which they received from forefathers common to us both, to a
more rapid perfection than we. Mr. Dudley Field is one of three
men who framed a constitutional law for the State of New York,
under which the courts of legal and equitable jurisdiction have
been successfully merged; the enactment has succeeded in
practical working; and the spectacle of "Equity swallowing up
Law" has been so edifying to the citizens of his State, that
three other States of the Union have resolved to enact, and
four further States have appointed conferences to deliberate
upon, a similar procedure. It is impossible--however
narrow-minded lawyers may object--that what Americans find
practicable and beneficial should be either impracticable or
disadvantageous to Englishmen."
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