The times. [volume] (Richmond, Va.) 1890-1903, 1893-04-05

freeman who did whatever he pleased
II he chose 10 do so. he would violate
the law at his pleasure. taking the con-
sequences OF his act. IL the violation was
a breach Of the criminal law he took
the consequences in the form Of punish
ment inflicted by the State. II 1t was
only breach of his duty 20 his fellow
man. he took the consequences In the
form OF damages 20 be PAID
10 that fellow-man. But the
radical condition TO each was
that he was neither TO suffer punishment
nor pay damages unless twelve OF MS
neighbors. after taking into consideration
all the facts and circumstances surround
ing the act. agreed that he should snher
or nav. This Is the bed rock on when all
the glory OF the institutions OF those
coorios who are descended from the
Anglo Saxons rests. Whilst 1t Is cher-
ished and preserved we have an ihdepeh-
don't self-respccting. self-relying popuia-
,,on When II is abandoned we become
q ,oonev-worshlpplng people, placing the
almighty dollar above all other considera-
tions in life.
yyo start then, with the proposition
.N., Tho ground work Of our institutions
tolerates no compulsion OF the citizen OF
orv sort whatever II leaves him per-
coc,1v free agent 10 do as ne pieases
dor his personal responsibilities as
iurv Of his countrymen may determine
them TO exist.
In tho course Of time. the necessities OF
soc,etv have compelled a slight mou''io"-
,ion Of our original theory. Cases arose
4, which II was impossible from the
nature Of the cases, to secure justice |"
injured parties if they had no redresS
but q verdict for damages. This caused
our ancestors TO borrow a fraction OF
tho Roman jurisprudence which exists
IN our institutions now in what we can
the Equity Jurisdiction Of the courts
Rut the fundamental conditions Of the
exercise of this jurisdiction Is that there
is no adequate remedy through the YER
dict Of a jury. If a verdict OF jury
can bring compensation, jury trial for
damages is Just as Indispensable as II
was the day Brennus threw his sword into
the scale.
This equitable jurisdiction has been per-
mitted to extend to cases in which the
equity courts compel parties TO specih-
callv perform their contracts. But there
must be special circumstances attending
all these cases TO make it plain that they
are exceptional. and that the ordinary
course Of law. with verdict for dam
ages. will wholly fail to compensate the
parties. The court Of equity will, perhaps,
compel a party specifically to commune
cate a secret in dyeing which he has sold,
because, obviously, damages would not
compensate the plaintiff for the precise
thing that he has bought. and each reader
can easily imagine cases for himself to
which the principle as thus stated will
apply.
For special reasons, then, specific per-
Torrance will be decreed in certain spe-
cial cases carefully guarded and defined.
But this attempt to make court
declare that an ordinary contract to
perform a service is one of an eX
ceptional character that the courts have
a right to coerce a party into performing,
is an assault upon the very cornerstone
of our 'institutions-it is the first step in
the move OF money upon the liberty of
the freeman, and IT should be resisted
by all methods known to peace.