Part 139

"We are next to regard Story during his thirty-five years of judicial service. He performed an amount of judicial labor almost without parallel, either in quality or quantity, in the history of jurisprudence. His judgments in the Circuit Court comprehended thirteen volumes. His opinions in the Supreme Court are found in thirty-five volumes. Most of these decisions are on matters of grave difficulty, and many of them of first impression. Story absolutely created a vast amount of law for our country. Indeed, he was essentially a builder. When he came to the bench, the law of admiralty was quite vague and unformed; his genius formed it as exclusively as Stowell's did in England. He also did much toward building up the equity system which has become part of our jurisprudence. In questions of international and constitutional law, the breadth and variety of his legal learning enabled him to shine with peculiar brilliancy. It is sufficient to say that there is scarcely any branch of the law which he has not greatly illustrated and enlarged,—prize, constitutional, admiralty, patent, copyright, insurance, real estate, commercial law so called, and equity,—all were gracefully familiar to him. The most celebrated of his judgments are De Lovio v. Boit, in which be investigates the jurisdiction of the Admiralty; Martin v. Hunter's Lessee, which examines the appellate jurisdiction of the United States Supreme Court; Dartmouth College v. Woodward, in which the question was, whether the charter of a college was a contract within the meaning of the constitutional provision prohibiting the enactment, by any State, of laws impairing the obligations of contracts; his dissenting opinion in Charles River Bridge Company v. The Warren Bridge; involving substantially the same question as the last case; and the opinion in the Girard will case. These are the most celebrated, but are scarcely superior to scores of his opinions in cases never heard of beyond the legal profession. His biographer is perhaps warranted in saying of his father's judicial opinions: 'For closeness of texture and compact logic, they are equal to the best judgments of Marshall; for luminousness and method, they stand beside those of Mansfield; in elegance of style, they yield the palm only to the prize cases of Lord Stowell, but in fullness of illustration and wealth and variety of learning, they stand alone."

_Irving Browne, Short Studies of Great Lawyers, pages 293-295._

EQUITY: A. D. 1814-1823. Chancellor Kent.

"In February, 1814, he was appointed chancellor. The powers and jurisdiction of the court of chancery were not clearly defined. There were scarcely any precedents of its decisions, to which reference could be made in case of doubt. Without any other guide, he felt at liberty to exercise such powers of the English chancery as he deemed applicable under the Constitution and laws of the State, subject to the correction of the Court of Errors, on appeal. … On the 31st of July, 1823, having attained the age of sixty years, the period limited by the Constitution for the tenure of his office, he retired from the court, after hearing and deciding every case that had been brought before him. On this occasion the members of the bar residing in the City of New York, presented him an address. After speaking of the inestimable benefits conferred on the community by his judicial labors for five and twenty years they say: 'During this long course of services, so useful and honorable, and which will form the most brilliant period in our judicial history, you have, by a series of decisions in law and equity, distinguished alike for practical wisdom, profound learning, deep research and accurate discrimination, contributed to establish the fabric of our jurisprudence on those sound principles that have been sanctioned by the experience of mankind, and expounded by the enlightened and venerable sages of the law. Though others may hereafter enlarge and adorn the edifice whose deep and solid foundations were laid by the wise and patriotic framers of our government, in that common law which they claimed for the people as their noblest inheritance, your labors on this magnificent structure will forever remain eminently conspicuous, command the applause of the present generation, and exciting the admiration and gratitude of future ages.'"

_Charles B. Waite, James Kent (Chicago Law Times, volume 3, pages 339-341)._

{1994}

EQUITY: A. D. 1821. Negative Pleas to be supported by an Answer.

"The principle of negative pleas was first established by the introduction of anomalous pleas; but it was not perceived at first that anomalous pleas involved the admission of pure negative pleas. It would often happen, however, that a defendant would have no affirmative defence to a bill, and yet the bill could not be supported because of the falsity of some material allegation contained in it; and, if the defendant could deny this false allegation by a negative plea, he would thereby avoid giving discovery as to all other parts of the bill. At length, therefore, the experiment of setting up such a plea was tried; and, though unsuccessful at first, it prevailed in the end, and negative pleas became fully established. If they had been well understood, they might have proved a moderate success, although they were wholly foreign to the system into which they were incorporated; but, as it was, their introduction was attended with infinite mischief and trouble, and they did much to bring the system into disrepute. For example, it was not clearly understood for a long time that a pure negative plea required the support of an answer; and there was no direct decision to that effect until the case of Sanders v. King, 6 Madd. 61, Cas. in Eq. Pl. 74, decided in 1821."

_C. C. Langdell, Summary of Equity Pleading, pages 113-114._

EQUITY: A. D. 1834. First Statute of Limitations in Equity.

"None of the English statutes of limitation, prior to 3 & 4 Wm. IV., c. 27, had any application to suits in equity. Indeed, they contained no general terms embracing all actions at law, but named specifically all actions to which they applied; and they made no mention whatever of suits in equity. If a plaintiff sued in equity, when he might have brought an action at law, and the time for bringing the action was limited by statute, the statute might in a certain sense be pleaded to the suit in equity; for the defendant might say that, if the plaintiff had sued at law, his action would have been barred; that the declared policy of the law therefore, was against the plaintiff's recovering; and hence the cause was not one of which a court of equity ought to take cognizance. In strictness, however, the plea in such a case would be to the jurisdiction of the court."

_C. C. Langdell, Summary of Equity Pleading, pages 149-150._

EQUITY: A. D. 1836. Personal Character of Shares of Stock first established in England.

"The most accurate definition of the nature of the property acquired by the purchase of a share of stock in a corporation is that it is a fraction of all the rights and duties of the stockholders composing the corporation. Such does not seem to have been the clearly recognized view till after the beginning of the present century. The old idea was rather that the corporation held all its property strictly as a trustee, and that the shareholders were, strictly speaking, 'cestuis que trust,' being in equity co-owners of the corporate property. … It was not until the decision of Bligh v. Brent [Y. & C. 268], in 1836, that the modern view was established in England."

_S. Williston, History of the Law of Business Corporations before 1800 (Harvard Law Review, volume 2, pages 149-151)._

EQUITY: A. D. 1875. Patents, Copyrights and Trade-Marks.

"In modern times the inventor of a new process obtains from the State, by way of recompense for the benefit he has conferred upon society, and in order to encourage others to follow his example, not only an exclusive privilege of using the new process for a fixed term of years, but also the right of letting or selling his privilege to another. Such an indulgence is called a patent-right, and a very similar favour, known as copy-right, is granted to the authors of books, and to painters, engravers, and sculptors, in the productions of their genius. It has been a somewhat vexed question whether a 'trade-mark' is to be added to the list of intangible objects of ownership. It was at any rate so treated in a series of judgments by Lord Westbury, which, it seems, are still good law. He says, for instance, 'Imposition on the public is indeed necessary for the plaintiff's title, but in this way only, that it is the test of the invasion by the defendant of the plaintiff's right of property.' [Citing 33 L. J. Ch. 204; cf. 35 Ch. D. Oakley v. Dalton.] It was also so described in the 'Trade Marks Registration Act,' 1875 [sections 3, 4, 5], as it was in the French law of 1857 relating to 'Marques de fabrique et de commerce.' The extension of the idea of ownership to these three rights is of comparatively recent date. Patent-right in England is older than the Statute of Monopolies, 21 Jac. I. C. 3, and copy-right is obscurely traceable previously to the Act of 8 Anne, C. 19, but trade-marks were first protected in the present century."

_T. E. Holland, Elements of Jurisprudence, 5th edition, page 183._

ALSO IN: _E. S. Drone, Treatise on the Law of Property in Intellectual Productions._

EQUITY: End--------

Topics of law treated under other heads are indicated by the following references:

Agrarian Laws.

See AGRARIAN.

Assize of Jerusalem.

See ASSIZE.

Brehon Laws.

See BREHON.

Canuleian Laws.

See ROME: B. C. 445.

Code Napoleon.

See FRANCE: A. D. 1801-1804.

Common Law.

See COMMON LAW.

Constitutional Laws.

See CONSTITUTION.

Debt and Debtors.

See DEBT.

Dioklesian Laws.

See DIOKLES.

Dooms of Ihne.

See DOOMS.

Draconian Laws.

See ATHENS: B. C. 624.

Factory Laws.

See FACTORY.

Hortensian Laws.

See ROME: B. C. 286.

Institutes and Pandects of Justinian.

See CORPUS JURIS CIVILIS.

Licinian Laws.

See ROME: B. C. 376.

Lycurgan Laws.

See SPARTA.

Laws of Manu.

See MANU.

Navigation Laws.

See NAVIGATION LAWS.

Ogulnian Law.

See ROME: B. C. 300.

Laws of Oleron.

See OLERON.

Poor Laws.

See POOR LAWS.

Publilian Laws.

See ROME: B. C. 472-471, and 340.

Salic Laws.

See SALIC.

Slave Codes.

See SLAVERY.

Solonian Laws.

See ATHENS: B. C. 594.

Tariff Legislation.

See TARIFF.

Terentilian Law.

See ROME: B. C. 451-449.

The Twelve Tables.

See ROME: B. C. 451-449.

Valerian Law.

See ROME: B. C. 509.

Valero-Horatian Law.

See ROME: B. C. 449.

{1995}

LAWFELD, Battle of (1747).

See NETHERLANDS: A. D. 1746-1747.

LAWRENCE, Captain James: In the War of 1812.

See UNITED STATES OF AMERICA: A. D. 1812-1813.

LAWRENCE, Lord, the Indian Administration of.

See INDIA: A. D. 1845-1849; 1857 (JUNE-SEPTEMBER); and 1862-1876.

LAWRENCE, Kansas: A. D. 1863. Sacking of the town by Quantrell's guerrillas.

See UNITED STATES OF AMERICA: A. D. 1863 (AUGUST: MISSOURI-KANSAS).

LAYBACH, Congress of.

See VERONA, CONGRESS OF.

LAZARISTS, The.

"The Priests of the Missions, or the Lazarists ['sometimes called the Vincentian Congregation'], … have not unfrequently done very essential service to Christianity." Their Society was founded in 1624 by St. Vincent de Paul, "at the so-called Priory of St. Lazarus in Paris, whence the name Lazarists. … Besides their mission-labours, they took complete charge, in many instances, of ecclesiastical seminaries, which, in obedience to the instruction of the Council of Trent, had been established in the various dioceses, and even at this day many of these institutions are under their direction. In the year 1642 these devoted priests were to be seen in Italy, and not long after were sent to Algiers, to Tunis, to Madagascar, and to Poland."

_J. Alzog Manual of Universal Church History, volume 3, pages 463-465._

ALSO IN: _H. L. S. Lear, Priestly Life in France, chapter 5._

LAZICA. LAZIC WAR.

"Lazica, the ancient Colchis and the modern Mingrelia and Imeritia, bordered upon the Black Sea." From A. D. 522 to 541 the little kingdom was a dependency of Rome, its king, having accepted Christianity, acknowledging himself a vassal of the Roman or Byzantine emperor. But the Romans provoked a revolt by their encroachments. "They seized and fortified a strong post, called Petra, upon the coast, appointed a commandant who claimed an authority as great as that of the Lazic king, and established a commercial monopoly which pressed with great severity upon the poorer classes of the Lazi." The Persians were accordingly invited in to drive the Romans out, and did so, reducing Lazica, for the time being, to the state of a Persian province. But, in their turn, the Persians became obnoxious, and the Lazi, making their peace with Rome, were taken by the Emperor Justinian under his protection. "The Lazic war, which commenced in consequence of this act of Justinian's, continued almost without intermission for nine years—from A. D. 549 to 557. Its details are related at great length by Procopius and Agathias, who view the struggle as one which vitally concerned the interests of their country. According to them, Chosroës [the Persian king] was bent upon holding Lazica in order to construct at the mouth of the Phasis a great naval station and arsenal, from which his fleets might issue to command the commerce or ravage the shores of the Black Sea." The Persians in the end withdrew from Lazica, but the Romans, by treaty, paid them an annual tribute for their possession of the country.

_G. Rawlinson, Seventh Great Monarchy, chapter 20._

ALSO IN: _J. Bury, Later Roman Empire, book 4, chapter 9 (volume 1)._

See, also, PERSIA: A. D. 226-627.

LAZZI, The.

See LÆTI.

LEAGUE, The Achaian.

See GREECE: B.C. 280-146.

LEAGUE, The Anti-Corn-Law.

See TARIFF LEGISLATION (ENGLAND): A. D. 1836-1839; and 1845-1846.

LEAGUE, The Borromean or Golden.

See SWITZERLAND: A. D. 1579-1630.

LEAGUE, The Catholic, in France.

See FRANCE: A. D. 1576-1585, and after.

LEAGUE, The first Catholic, in Germany.

See PAPACY: A. D. 1530-1531.

LEAGUE, The second Catholic, in Germany.

See GERMANY: A. D. 1608-1618.

LEAGUE, The Cobblers'.

See GERMANY: A. D. 1524-1525.

LEAGUE, The Delian.

See GREECE: B. C. 478-477.

LEAGUE, The Hanseatic.

See HANSA TOWNS.

LEAGUE, The Holy, of the Catholic party in the Religious Wars of France.

See FRANCE: A. D. 1576-1585, to 1593-1598.

LEAGUE, The Holy, of German Catholic princes.

See GERMANY: A. D. 1533-1546.

LEAGUE, The Holy, of Pope Clement VII. against Charles V.

See ITALY: A. D. 1523-1527.

LEAGUE, The Holy, of Pope Innocent XI., the Emperor, Venice, Poland and Russia against the Turks.

See TURKS: A. D. 1684-1696.

LEAGUE, The Holy, of Pope Julius II. against Louis XII. of France.

See ITALY: A. D. 1510-1513.

LEAGUE, The Holy, of Spain, Venice and the Pope against the Turks.

See TURKS: A. D. 1566-1571.

LEAGUE, The Irish Land.

See IRELAND: A. D. 1873-1879; and 1881-1882.

LEAGUE, The Swabian.

See LANDFRIEDE, &c.

LEAGUE, The Union.

See UNION LEAGUE.

LEAGUE AND COVENANT, The solemn.

See ENGLAND: A. D. 1643 (JULY-SEPTEMBER).

LEAGUE OF AUGSBURG.

See GERMANY: A. D. 1686.

LEAGUE OF CAMBRAI.

See VENICE: A. D. 1508-1509.

LEAGUE OF LOMBARDY.

See ITALY: A. D. 1166-1167.

LEAGUE OF POOR CONRAD, The.

See GERMANY: A. D. 1524-1525.

LEAGUE OF RATISBON.

See PAPACY: A. D. 1522-1525.

LEAGUE OF SMALKALDE, The.

See GERMANY: A. D. 1530-1532.

LEAGUE OF THE GUEUX.

See NETHERLANDS: A. D. 1562-1566.

LEAGUE OF THE PRINCES.

See FRANCE: A. D. 1485-1487.

LEAGUE OF THE PUBLIC WEAL.

See FRANCE: A. D. 1461-1468; also, 1453-1461.

LEAGUE OF THE RHINE.

See RHINE LEAGUE.

LEAGUE OF TORGAU.

See PAPACY: A. D. 1525-1529.

LEAGUES, The Grey.

See SWITZERLAND: A. D. 1396-1499.

LE BOURGET, Sortie of (1870).

See FRANCE: A. D.1870-1871.

LECHFELD, OR BATTLE ON THE LECH (A. D. 955).

See HUNGARIANS: A. D. 935-955.

{1996}

LECHFELD, OR BATTLE ON THE LECH (1632.)

See GERMANY: A. D. 1631-1632.

LECOMPTON CONSTITUTION, The.

See KANSAS: A. D. 1854-1859.

LEE, General Charles, and the War of the American Revolution.

See UNITED STATES OF AMERICA: A. D. 1775 (MAY-AUGUST); 1776 (JUNE), (AUGUST); and 1778 (JUNE).

LEE, General Henry ("Light Horse Harry"), and the American Revolution.

See UNITED STATES OF AMERICA: 1780-1781.

LEE, Richard Henry, And the American Revolution.

See UNITED STATES OF AMERICA: A. D. 1776 (JANUARY-JUNE), (JULY).

LEE, Richard Henry, Opposition to the Federal Constitution.

See UNITED STATES OF AMERICA: A. D. 1787-1789.

LEE, General Robert E. Campaign in West Virginia.

See UNITED STATES OF AMERICA: A. D. 1861 (AUGUST-DECEMBER: WEST VIRGINIA).

LEE, General Robert E., Command on the Peninsula.

See UNITED STATES OF AMERICA: A. D. 1862 (JUNE: VIRGINIA), and (JULY-AUGUST: VIRGINIA).

LEE, General Robert E. Campaign against Pope.

See UNITED STATES OF AMERICA: A. D. 1862 (JULY-AUGUST: VIRGINIA); (AUGUST: VIRGINIA); and (AUGUST-SEPTEMBER: VIRGINIA).

LEE, General Robert E. First invasion of Maryland.

UNITED STATES OF AMERICA: A. D. 1862 (SEPTEMBER: MARYLAND).

LEE, General Robert E. Defeat of Hooker.

See UNITED STATES OF AMERICA: A. D. 1863 (APRIL-MAY: VIRGINIA).

LEE, General Robert E. The second movement of invasion. Gettysburg and after.

See UNITED STATES OF AMERICA: A. D. 1863 (JUNE: VIRGINIA), and (JUNE-JULY: PENNSYLVANIA); also (JULY-NOVEMBER: VIRGINIA).

LEE, General Robert E. Last Campaigns.

See UNITED STATES OF AMERICA: A. D. 1864 (MAY: VIRGINIA), to 1865 (APRIL: VIRGINIA).

LEEDS, Battle at (1643).

Leeds, occupied by the Royalists, under Sir William Savile, was taken by Sir Thomas Fairfax, after hard fighting, on the 23d of January, 1643.

_C. R. Markham, Life of the Great Lord Fairfax, chapter 9._

LEESBURG, OR BALL'S BLUFF, Battle of.

See UNITED STATES OF AMERICA: A. D. 1861 (OCTOBER: VIRGINIA).

LEEWARD ISLANDS, The.

See WEST INDIES.

LEFÈVRE, Jacques, and the Reformation in France.

See PAPACY: A. D. 1521-1535.

LEFT, The. Left Center, The.

See RIGHT, &c.

LEGATE.

This was the title given to the lieutenant-general or associate chosen by a Roman commander or provincial governor to be his second-in-authority.

_W. Ramsay, Manual of Roman Antiquity, chapter 12._

LEGES JULIÆ, LEGES SEMPRONIÆ, &c.

See JULIAN LAWS; SEMPRONIAN LAWS, &c.

LEGION, The Roman.

"The original order of a Roman army was, as it seems, similar to the phalanx: but the long unbroken line had been divided into smaller detachments since, and perhaps by Camillus. The long wars in the Samnite mountains naturally caused the Romans to retain and to perfect this organisation, which made their army more movable and pliable, without preventing the separate bodies quickly combining and forming in one line. The legion now [at the time of the war with Pyrrhus, B. C. 280] consisted of thirty companies (called 'manipuli') of the average strength of a hundred men, which were arranged in three lines of ten manipuli each, like the black squares on a chessboard. The manipuli of the first line consisted of the youngest troops, called 'hastati'; those of the second line, called 'principes,' were men in the full vigour of life; those of the third, the 'triarii,' formed a reserve of older soldiers, and were numerically only half as strong as the other two lines. The tactic order of the manipuli enabled the general to move the 'principes' forward into the intervals of the 'hastati,' or to withdraw the 'hastati' back into the intervals of the 'principes,' the 'triarii' being kept as a reserve. … The light troops were armed with javelins, and retired behind the solid mass of the manipuli as soon as they had discharged their weapons in front of the line, at the beginning of the combat."

_W. Ihne, History of Rome, book 3, chapter 16 (volume 1)._

"The legions, as they are described by Polybius, in the time of the Punic wars, differed very materially from those which achieved the victories of Cæsar, or defended the monarchy of Hadrian and the Antonines. The constitution of the Imperial legion may be described in a few words. The heavy-armed infantry, which composed its principal strength, was divided into ten cohorts, and fifty-five companies, under the orders of a correspondent number of tribunes and centurions. The first cohort, which always claimed the post of honour and the custody of the eagle, was formed of 1,105 soldiers, the most approved for valour and fidelity. The remaining nine cohorts consisted each of 555; and the whole body of legionary infantry amounted to 6,100 men. … The legion was usually drawn up eight deep, and the regular distance of three feet was left between the files as well as ranks. … The cavalry, without which the force of the legion would have remained imperfect, was divided into ten troops or squadrons; the first, as the companion of the first cohort, consisted of 132 men; whilst each of the other nine amounted only to 66."

_E. Gibbon Decline and Fall of the Roman Empire, chapter 1._

ALSO IN: _W. Ramsay, Manual of Roman Antiquity, chapter 12._

LEGION OF HONOR, Institution of the.

See FRANCE: A. D. 1801-1803.

LEGITIMISTS AND ORLEANISTS.

The partisans of Bourbon monarchy in France became divided into two factions by the revolution of 1830, which deposed Charles X. and raised Louis Philippe to the throne. Charles X., brother of Louis XVI. and Louis XVIII., was in the direct line of royal descent, from Louis XIV. Louis Philippe, Duke of Orleans, who displaced him, belonged to a younger branch of the Bourbon family, descending from the brother of Louis XIV., Philippe, Duke of Orleans, father of the Regent Orleans. Louis Philippe, in his turn, was expelled from the throne in 1848, and the crown, after that event, became an object of claim in both families. The claim supported by the Legitimists was extinguished in 1883 by the death of the childless Comte de Chambord, grandson of Charles X. The Orleanist claim is still maintained (1894) by the Comte de Paris, grandson of Louis Philippe.

LEGNANO, Battle of (1176).

See ITALY: A. D. 1174-1183.

LEICESTER, The Earl of, in the Netherlands.

See NETHERLANDS: A. D. 1585-1586; and 1587-1588.

LEINSTER TRIBUTE, The.

See BOARIAN TRIBUTE.

{1997}

LEIPSIC: Start----------

LEIPSIC: A. D. 1631. Battle of Breitenfeld, before the city.

See GERMANY: A. D. 1631.

LEIPSIC: A. D. 1642. Second Battle of Breitenfeld. Surrender of the city to the Swedes.

See GERMANY: A. D. 1640-1645.

LEIPSIC: A. D. 1813. Occupied by the Prussians and Russians. Regained by the French. The great "Battle of the Nations."

See GERMANY: A. D. 1812-1813; 1813 (APRIL-MAY), (SEPTEMBER-OCTOBER), and (OCTOBER).

LEIPSIC: End----------