Lexington union. (Lexington, Miss.) 1838-18??, 1843-12-16

fore dangerous to entrust them with equity
powers. Why are they ignorant in this
particular We answer from bad legisla-
ton. By your laws you concentrate
nearly all chancery business in the hands
of the bench at jackson, and the Circuit
Judges are by law chosen from the law
yers residing in the circuits. You With
draw from them the business and then
charge them with ignorance of the prac-
dce. What gross injustice! Grant full
chancery powers to the circuit Courts and
you make them Immediately chancery
schools. Lawyers and Judges will at
once find it their interest and duty to
to investigate accurately and thorough
ly equity jurisprudence-to explore its
vast tields--to search its Utmost recesses
to trace its principles TO their source
in word TO master a science among the
noblest and most important to human af-
fairs that everengaged the mind or thoughts
of man. Having constant occasion to test
the correctness of their knowledge and
coming in daily collision with opposing
council always on the alert to detect and
take dyantage of their mistakes the bar
would soon get rid of any crude notions
they might entertain on equity and would
have the strongest inducements to perfect
themselves III this interesting branch of
legal learning and they would do so. 1t
is proud consideration that man usually
rises equal to the emergency. Few are
acquainted with their own latent powers;
but call upon their strength-let the in
centive be sufficient TO arouse them into
action and the brilliancy of their achieve
ments often astonish as well themselves,
as others. Now there is but little occa-
sion Tor the circuit Judges, or country At
torneys, to bestow of their time, or rehec-
ton upon equity, but give the circuit
Courts general chancery jurisdiction-cir-
will be acknowledgements that
is now excusable, would be then criminal,
and you will find their talents will prove
equal to the demand made upon them.
We can see no sound reason why CON-
non law and equity should not be admin
stored by the same tribunal. Their de-
sign is the same, the protection and en-
orcement of human rights. Equity is
not more abStruse than common law--itS
principles are not less clearly defned.--I
They are kindred sciences and the study
Of the one will shed light upon the other.
Chancery llberalizes the mind, and softens
the spirits of the common law. The
Judge who is deeply read in the former,
will be found to have a clearer perception of
right, better appreciation of justice than
he who has alone drank at the fountain Of
The other. One OF the great excellencies
of Lord Mansfield as Judge, was his in
timacy with chancery doctrines and their
free introduction into the common law
courts. Many of the hardships and rigid
of the common law under
his hand had to yield to the milder spirit
of equity, and there is a perceptible i'm
provement in the law from his time. No
Judge who ever sat on the bench advised
it more, or reelected higher honour on
the profession.
We wholly dissent from the doctrine
'nculcated by many who would be esteem
ed philosophers, that we should conline
our researches to single department of
knowledge to become perfect in it. The
different sciences and branches of Learning
materially shed light on each other. The
more full the mind is of ideas, provided
they are well digested, the more enlarged
1t is, and. better furnished with illustra
tons. 1t would have more upon which to
reflect and exercise itself Confne men
exclusively to different pursuits and they
would be as incomprehensible to each
other as if they spoke different languages.
The most distinguished lawyers that ever
lived were not only acquainted with law
and equity, but their minds were stored
with all that is bright and solid in litera.
'ure. Judge Story is certainly the ablest
common law Indna In Arnnrinn ..n.L