, 1870-12-02

U4t, delivered, Sunday knc3nded, 80 e4nts pef wreck
, Address ~. TRBuHn ;oONFAhYs
0hleaxo. m
FRIDAY, DEuENBER .; 1870; {
WHAT THE coNvEnT1oH HAS LEFT
TO THE. NEXT LEG1aLATURE.
In her new constitution the State of ILL.,
nois has taken a long stride in advance Of
her sister States. Bnt on The other hand,
in their revised codes OF cisl md CRIMINAL
procedure, her sister States OF New York,
Ohio, Indiana, Michigan, Wisconsin, Iowa,
and Kansas have, if We may accept the avar-
age standard Of judgment tamoug thelawyess
OF this and other countries, taken long
stride ahead Of Illinois. Irdeed, nov that i
the Judges OF the highest courts OF Eng
land, are revising her system of practice IN
the courts, 50 as to adapt it substantially 70
that inaugurated under the new Ameraoan
system, it seems incumbent upon Aanoas
to inquire whether she, almost
alone among American States, should
cling, without revision or amend
neut, to the English system after England
he.se1f is prepared to supsrsede it. When
this subject came up in the Constitutional
Convention, it was agreed that it would
suffice to frame the new constitution in
such a manner as to place no obstacle In
the way Of the revision and simpli6cadon
Of the system Of practice in tho courts,
should the Legislature deem it necessary
to appoint Commissioners for thst purpose.
This vas done. Aud IS with US the same
Judges have always performed The equity
and Law functions, no suoh change Is fhst
required IN England is needed here.
il il not claimed that the H.
herspt distinction in nature between
law and equity are any mora capable OF
being merged or lost under any system
than the distinction between the past and
future, with which, in many cases, the
distinction between 1aw and equity corEe-
spouds. Ordinarily, the function of tha
law is to pass judgment according to what
tho parties to suit have done, while thatof
equity is to order what they shall do The
Law regards the past, and the rights TINT
grow out of it, while equity seeks to guard
soo Aoeutes ao4 oes".o @"e AA*s. s'e ~ 49,
pafues hereafter Ii Is uue taa' Inc -"
randers Judgments whose enforcement,
through its own officers, is future. But d
court Of law never undertakes to say what q
party shall do, but only to pronounce the
Ie6eu ehecs OF "nat ae nas ooae' i.
mhnout any otnes n'enS " 1.s4.
ano e4u1.oo'e 4ee0 .4A" ~''.s' 1855.
af'ses tton nas1ng 'nem oe't:nssa " uns
ano tne hane s"uee, ~. nopo ot ~. % -
SIDE Is sou Pos1io4e ~ 4n1 ~ wv
\. 70 oe ooeaa''e NV nAss ~ .ae s-o pa".s .' =,
aoo IL IS ven "os'n cons1ie.ns Sne.s' !.
some equity cooe cAnno! ne ,ta'neo Nulcl
VIII o'1olnlsn 'ne u.nee1a VI tue tecutlonet
here OF Aaose ao"seS eIy po"ett
winch nave oecome 80 nal,an. ~ o.aes
sta1es. a'o4ote We nAso seou eAo.eoN
1tom 1"ese aouess ~ -, tao .nessy G.a. 80, y. w
loeal, ana 'noeeo ot "a on ''to.e ouos.s'
II @ NOT ce,.aan' peiAa's :. - uo4 pssA.e'
tnae "e hoan a1"ASs oo0'4uu0 s"e-s oA'
tanate. -a:.,.,-,., 1.a.o,
enoula "eeset oe A w. - 80
eapao.o o' ne"e uo'u - p..
ests' - ~ou'u o - - - ~ $50 - NJ
20 us ~ u nos - popso =. ~" "
tofk' snenef II y 1n9~a'ets ueo's'A
tnas every sapse suau u.se n0 po"e.
S1ftuauy ~atnous aPpe"' anos ~ pu' Y
stasenent OF 'aets' ~ eose tue Prove y
business OF any I'LL " etp'lo4n' ta,t' W
70 eh1oln anu commaau as olee!n @!s.a - W "
gsee almost "11noos i1n1''' Ah>' "i'Ao"s -
Hea-
While thesa points incidentally arise Il
any attempt to feE1se QUE mooe OF piacoo
and procedure in the courts, civil an
E.. .1:.. .,,,1
essininM, tae fnos1 '"poe'ans oo1e'. ~oo'
str ,-ua ts g., .
Absurd nctlona OF Jaw auu 1o1oos
action. n eo as to entitle a plaiuti8 to al
relief, legal or equitable, which the fact
when made known. might warrant
,>,,s,4;n $40 b.s =
foT instance, Z P'aAaeA "no asS y
a'snco iusy ~ '.
fendhnt, for which ne taxes notes, W1ka
agreement that he shall hare a share Of Il
profits derived from the use OF the none
a,;rh+ r,, Ia ,rat tv tba nrea that Ii
nlHa1 Nv" oe nef ~ P'c" s .
agreement relative TO profits, Is stated
aey"1r -.1..1 ~, ..t,.. u,asr =,
olnbe4A, WAAes usA PaeA1" SouoA y
nrasent svstem. his action at Law wpu
be dismissed, snd ha must BRING ne
neTshin ,eeountg: and il. in tbs insa
time, tho statute of limitations had :,
against his demand, It would be lost all
Gather. Under The aisupler syster.
s.,;,ht ,hp,aa b;s snn,;cat;on for indome