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They seem to imply that there are some cases which ought to be tried by jury, that are decided by the judges. It is believed that the learned author, although a distinguished advocate in France, never thoroughly comprehended the grand divisions of our complicated system of law, in civil cases. First, is the distinction between cases in equity and those in which the rules of the common law govern.
They are placed on a high, conspicuous pinnacle in the sight of the nation, to do justice between man and man; they are fenced and fortified by the high dignity, almost sanctity, of their calling, against clamour, idle rumour, private interest, or any other element that might disturb the course of equity, and therefore their decisions are received on all sides with reverential acquiescence.
The growth of the English constitution rendered such a theory unpalatable after a time; but, as the jurisdiction of the Chancery was then firmly established, it was not worth while to devise any formal substitute for it. The theories found in modern manuals of Equity are very various, but all are alike in their untenability.
For we are to have one country, all of whose children, shall repeat in unison its noble creed, which the features of the land itself proclaim, and whose railroads and telegraphs are its running-hand. How often we have enumerated and deprecated the evils of war! We have not lusted for it, and the benefits of peace seem greater than ever; but the benefits of equity and truth seem greater than all.
Of the first of these combinations in the southern counties, a cotemporary writer gives the following account: "Some landlords in Munster," he says, "have let their lands to cotters far above their value, and, to lighten their burden, allowed commonange to their tenants by way of recompense: afterwards, in despite of all equity, contrary to all compacts, the landlords enclosed these commons, and precluded their unhappy tenants from the only means of making their bargains tolerable."
Many were scandalized at the proceeding, thinking it out of reason and equity to call a man to account for what was not to be until after his death. Caesar specially pressed what Antony said in his will about his burial; for he had ordered that even if he died in the city of Rome, his body, after being carried in state through the forum, should be sent to Cleopatra at Alexandria.
That it was equally the duty of every citizen to contribute his quota of industrial or intellectual services to the maintenance of the nation was equally evident, though it was not until the nation became the employer of labor that citizens were able to render this sort of service with any pretense either of universality or equity.
I'm going out to Willett's logging-camp tomorrow, and I'm coming back to Equity on Saturday. You'll know where to find me till then, and after that you may look me up if you want me." He rose to go, but stopped with his hand on the door-knob, at a sound, preliminary to speaking, which the old man made in his throat. "It's in the office door."
In the performance of this duty the Commission is enjoined to see that no injustice is done; to have regard for substantial rights and equity, disregarding technicalities so far as substantial right permits, and to observe the following rules: That the provision of the Treaty of Paris pledging the United States to the protection of all rights of property in the islands, and as well the principle of our own Government which prohibits the taking of private property without due process of law, shall not be violated; that the welfare of the people of the islands, which should be a paramount consideration, shall be attained consistently with this rule of property right; that if it becomes necessary for the public interest of the people of the islands to dispose of claims to property which the Commission finds to be not lawfully acquired and held disposition shall be made thereof by due legal procedure, in which there shall be full opportunity for fair and impartial hearing and judgment; that if the same public interests require the extinguishment of property rights lawfully acquired and held due compensation shall be made out of the public treasury therefore; that no form of religion and no minister of religion shall be forced upon any community or upon any citizen of the islands; that, upon the other hand, no minister of religion shall be interfered with or molested in following his calling, and that the separation between State and Church shall be real, entire, and absolute.
To that, to be sure, their estates were bound to the last acre. Nothing can lead more to the true spirit of the Assembly, which sits for public confiscation with its new equity and its new morality, than an attention to their proceeding with regard to this debt of the clergy.
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