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Updated: May 13, 2025
The action of the Supreme Court has been so drastic and so full of appreciation of the necessity for a great reform in court procedure that I have no hesitation in following up this action with a recommendation which I foreshadowed in my message of three years ago, that the sections of the statute governing the procedure in the Federal courts on the common-law side should be so amended as to give to the Supreme Court the same right to make rules of procedure in common law as they have, since the beginning of the court, exercised in equity.
There are also statutes applying and very greatly extending the old common-law doctrine of loss of service; making it highly criminal for a neighbor to incite a servant or employee to break his contract or even to accept the work of a laborer without ascertaining that he has not broken such contract, as, for instance, by a certificate of discharge from his last master.
He does not look to it as the habitation of his children, hardly as his own for his lifetime, but as a present shelter, easily and quickly got ready, and as easily plucked up and carried off again. The common-law of England looks upon a house as real estate, as part of the soil; but with us it is hardly a fixture.
Travers was a good type of rising young common-law barrister, tall, not bad-looking, with keen dark eyes, black whiskers, and the mobile forensic mouth which can express every shade of feeling, from deferential assent to cynical incredulity; possessed, too, of an endless flow of conversation that was decidedly agreeable, if a trifling too laboriously so, he had been a dangerous rival.
The action of the Supreme Court has been so drastic and so full of appreciation of the necessity for a great reform in court procedure that I have no hesitation in following up this action with a recommendation which I foreshadowed in my message of three years ago, that the sections of the statute governing the procedure in the Federal courts on the common-law side should be so amended as to give to the Supreme Court the same right to make rules of procedure in common law as they have, since the beginning of the court, exercised in equity.
A master was regularly reimbursed by the government for a slave legally executed, and in 1714 there was a complaint in South Carolina that the treasury had become almost exhausted by such reimbursements. In Massachusetts hanging was the worst legal penalty, but the obsolete common-law punishment was revived in 1755 to burn alive a slave-woman who had killed her master in Cambridge.
One would like to know whether this was the first case of female rebellion in Massachusetts against the common-law right of a man to correct a woman with a stick not thicker than his little finger a rebellion which has resulted in the position of man as the tourists saw him where the New Hampshire Amazon gave them a meal of victuals; and whether the girl married the man who planted the twig, and, if so, whether he did not regret that he had not kept it by him.
If, in selling a horse, the seller warranted him to be only five years old, and in fact he was thirteen, the seller could be sued for a deceit at common law, although he thought the horse was only five. /1/ The common-law liability for the truth of statements is, therefore, more extensive than the sphere of actual moral fraud.
Unbroken Evolution under uniform conditions pleased every one except curates and bishops; it was the very best substitute for religion; a safe, conservative practical, thoroughly Common-Law deity.
If I have described this incident in full, it is because it illustrates so perfectly the attitude of a large portion of the Filipino people on marriage. The common people seldom marry except, as we would term it, by the common-law marriage. When they do marry in church, it is quite as much for the éclat of the function as for conscientious reasons.
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