1883. COURTS OF CHANCERY, Jurisdiction of.—
The Court of Chancery, whilst
developing and systematizing its powers, has
found, in the jealousy of the nation and its
attachment to certain and impartial law, an
obstacle insuperable beyond that line. It has
been obliged therefore to establish for itself
certain barriers as the limitation of its power,
which, whenever it transcends the general jurisdiction
which superintends all the Courts,
and receives appeals from them, corrects its
encroachments, and reverses its decisions.
This is the House of Lords in England, and
the Court of Appeals in Virginia. These limitations
are: 1. That it cannot take cognizance
of any case wherein the Common Law can
give complete remedy. 2. That it cannot interpose
in any case against the express letter
and intention of the Legislature. If the Legislature
means to enact an injustice, however
palpable, the Court of Chancery is not the
body with whom a correcting power is lodged.
3. That it shall not interpose in any case
which does not come within a general description,
and admit of redress by a general
and practicable rule. This is to prevent partiality.
When a Chancellor pretends that a case
is distinguished from all others, it is thought
better that that singular case should go
without remedy, than that he should be at
liberty to cover partial decisions under pretence
of singular circumstances, which ingenious
men can always invent. Hence all
the cases remediable in Chancery are reduced
to certain classes. When a new case presents
itself, not found in any of these classes, it is
dismissed as irremediable. If in the progress
of commerce, and of the developments of
moral duties, the same case is presented so
often that the Chancellor can seize certain
leading features which submit to a general
description, and show that it is a proper
object for the application of some moral
rule,—here is a new class of cases formed
and brought within the regular relief of the
Court of Chancery, which thus continues the
administration of justice progressive almost
in equal pace with the progress of commerce
and refinement of morality.—
To Phillip Mazzei.
Ford ed., iv, 112.
(P.
1785)
