Simeon Eben Baldwin

“ A jury is waived more often than formerly, and there is a growing conviction that, with a capable and independent judiciary, justice can be looked for more confidently from one man than from thirteen.
The United States entered on the work of simplifying the forms of pleading earlier than England, but has not carried it so far. Demurrers have not been abandoned, and in some states little has been done except to replace one system of formality by another hardly less rigid. The general plan has been to codify the laws of pleading by statute. ”

“ Modern English decisions are, however, cited less frequently in American courts than the older ones; and the older ones themselves are cited far less frequently than they once were. In the development of their legislation, England and the United States have been in general harmony so far as matters of large commercial importance are concerned, but as to many others they have since 1850 drawn apart. ”

“ American courts are often given power by statute to make rules of procedure which have the force of laws. Municipal subdivisions of a state generally have authority from the legislature to make ordinances or by-laws on certain subjects, having the character of a local law, with appropriate sanctions, commonly by fine or forfeiture.
Law in the United States has been greatly affected by the results of the Civil War. ”

“ Witnesses are no longer incompetent by reason of interest, even though they be parties to the litigation. Indictments have been simplified, and an indictment for the most serious of crimes is now the simplest of all. ”

“ The artificiality of the proceedings is fostered by a general right of appeal on points of law to the court of last resort. It is in criminal causes involving questions of common-law liability and procedure [9] that English law-books and reports are now most frequently cited. American municipal corporations are confined within much narrower limits than those of England, and their powers more strictly construed.
Trial by jury in civil causes seems to be declining in public esteem. ”

“ Thus a double liability of stockholders to creditors, in case of the insolvency of the company, or a full liability to creditors of directors who have made false reports or certificates regarding its financial condition, is treated as of a contractual nature, and not penal in the international sense of that term. [16] As a judgment of one state has equal force in another, so far as the principle of res adjudicata is concerned, the orders of a court in a state to which a corporation owes its charter, made in proceedings for winding it up, may be enforced to a large extent in any other. ”

“ Criminal procedure is hedged about with more refinements and safeguards to the accused than are found in England, and on the other hand, prosecutions are more certain to follow the offence, because they are universally brought by a public officer at public expense. ”

“ The ancient tenures of real estate have been largely swept away, and land is now transferred almost as easily and cheaply as personal property. Married women have been emancipated from the control of their husbands, and placed upon a practical equality with them with respect to the acquisition, possession and transmission of property. ”

“ Manufacturing came in to supplement agricultural industry. Cities grew and assumed a new importance. Northern capital sought investment in every state. It was a natural consequence of all these things that the jurisprudence of the South should come to lose whatever had been its distinctive character. ”

“ Largely through its efforts, the American law schools have taken on a new character. The course of study has been both broadened and prolonged, and the attendance of the students has increased in full proportion to the additions to the facilities for obtaining a more thorough training in the Law schools.profession. When the association commenced its labours, those studying law in the offices of practising lawyers very largely outnumbered those found in the law school. ”