Judges And Bishops
Expect Those Rewards Which All Men Win Who Rise To The Highest Steps
On The Ladder Of Their Profession.
And the better they are paid,
within measure, the better they will be as judges and bishops.
Now,
the judges in America are not well paid, and the best lawyers cannot
afford to sit upon the bench.
With us the practice of the law and the judicature of our law courts
are divided. We have chancery barristers and common law barristers;
and we have chancery courts and courts of common law. In the States
there is no such division. It prevails neither in the National or
Federal courts of the United States, nor in the courts of any of the
separate States. The code of laws used by the Americans is taken
almost entirely from our English laws - or rather, I should say, the
Federal code used by the nation is so taken, and also the various
codes of the different States - as each State takes whatever laws it
may think fit to adopt. Even the precedents of our courts are held
as precedents in the American courts, unless they chance to jar
against other decisions given specially in their own courts with
reference to cases of their own. In this respect the founders of
the American law proceedings have shown a conservation bias and a
predilection for English written and traditional law which are much
at variance with that general democratic passion for change by which
we generally presume the Americans to have been actuated at their
Revolution.
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