Federal courts is exclusive; in others it is concurrent with that of the state courts.
As it frequently happens that cases come before state courts in which questions of Federal law arise, a provision has been made whereby due respect for the latter is secured by giving the party to a suit who relies upon Federal law, and whose contention is overruled by a state court, the right of having the suit removed to a Federal court. The Judiciary Act of 1789 (as amended by subsequent legislation) provides for the removal to the Supreme Court of the United States of “a final judgment or decree in any suit rendered in the highest court of a state in which a decision could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under, any state, on the ground of their being repugnant to the Constitution, treaties or laws of the United States, and the decision is in favour of their validity; or where any title, right, privilege or immunity is claimed under the Constitution, or any treaty or statute of, or commission held, or authority exercised under the United States, and the decision is against the title, right, privilege or immunity specially set up or claimed by either party under such Constitution, treaty, statute, commission or authority.” If the decision of the state court is in favour of the right claimed under Federal law or against the validity or applicability of the state law set up, there is no ground for removal, because the applicability or authority of Federal law in the particular case could receive no further protection from a Federal court than has in fact been given by the state court.
The power exercised by the Supreme Court in declaring statutes of Congress or of state legislatures (or acts of the Executive) to be invalid because inconsistent with the Federal Constitution, has been deemed by many Europeans a peculiar and striking feature of the American system. There is, however, nothing novel or mysterious about it. As the Federal Constitution, which emanates directly from the people, is the supreme law of the land everywhere, any statute passed by any lower authority (whether the Federal Congress or a state legislature), which contravenes the Constitution, must necessarily be invalid in point of law, just as in the United Kingdom a railway by-law which contravened an act of parliament would be invalid. Now, the functions of judicial tribunals—of all courts alike, whether Federal or state, whether superior or inferior—is to interpret the law, and if any tribunal finds a Congressional statute or state statute inconsistent with the Constitution, the tribunal is obliged to hold such statute invalid. A tribunal does this not because it has any right or power of its own in the matter, but because the people have, in enacting the Constitution as a supreme law, declared that all other laws inconsistent with it are ipso jure void. When a tribunal has ascertained that an inferior law is thus inconsistent, that inferior law is therewith, so far as inconsistent, to be deemed void. The tribunal does not enter any conflict with the Legislature or Executive. All it does is to declare that a conflict exists between two laws of different degrees of authority, whence it necessarily follows that the weaker law is extinct. This duty of interpretation belongs to all tribunals, but as constitutional cases are, if originating in a lower court, usually carried by appeal to the Supreme Court, men have grown accustomed to talk of the Supreme Court as in a special sense the guardian of the Constitution.
The Federal courts never deliver an opinion on any constitutional question unless or until that question is brought before them in the form of a lawsuit. A judgment of the Supreme Court is only a judgment on the particular case before it, and does not prevent a similar question being raised again in another lawsuit, though of course this seldom happens, because it may be assumed that the court will adhere to its former opinion. There have, however, been instances in which the court has virtually changed its view on a constitutional question, and it is understood to be entitled so to do.
COURT BARON, an English manorial court dating from the middle ages and still in existence. It was laid down by Coke that a manor had two courts, “the first by the common law, and is called a court baron,” the freeholders (“barons”) being its suitors; the other a customary court for the copyholders. Stubbs adopted this explanation, but the latest learning, expounded by Professor Maitland, holds that court baron means curia baronis, “la court de seigneur,” and that there is no evidence for there being more than one court. The old view that at least two freeholders were required for its composition is also now discarded. Prof. Maitland’s conclusion is that the “court baron” was not even differentiated from the “court-leet” at the close of the 13th century, but that there was a distinction of jurisdictional rights, some courts having only feudal rights, while others had regalities as well. When the court-leet was differentiated, the court baron remained with feudal rights alone. These rights he was disposed to trace to a lord’s jurisdiction over his men rather than to his possession of the manor, although in practice, from an early date, the court was associated with the manor. Its chief business was to administer the “custom of the manor” and to admit fresh tenants who had acquired copyholds by inheritance or purchase, and had to pay, on so doing, a “fine” to the lord of the manor. It is mainly for the latter purpose that the court is now kept. It is normally presided over by the steward of the lord of the manor, who is a lawyer, and its proceedings are recorded on “the court rolls,” of which the older ones are now valuable for genealogical as well as for legal purposes.
See Select Pleas in Manorial and other Seignorial Courts, vol. i., and The Court Baron (Selden Society). (J. H. R.)
COURT DE GEBELIN, ANTOINE (1728–1784), French scholar, son of Antoine Court (q.v.), was born at Nîmes in 1728. He received a good education, and became, like his father, a pastor of the Reformed Church. This office, however, he soon relinquished, to devote himself entirely to literary work. He had conceived the project of a work which should set in a new light the phenomena, especially the languages and mythologies, of the ancient world; and, after his father’s death, he went to Paris in order to be near the necessary books. After long years of research, he published in 1775 the first volume of his vast undertaking under the title of Le Monde primitif, analysé et comparé avec le monde moderne. The ninth volume appeared in 1784, leaving the work still unfinished. The literary world marvelled at the encyclopaedic learning displayed by the author, and supposed that the French Academy, or some other society of scholars, must have combined their powers in its production. Now, however, the world has well-nigh forgotten the huge quartos. These learned labours did not prevent Gebelin from pleading earnestly the cause of religious tolerance. In 1760 he published a work entitled Les Toulousaines, advocating the rights of the Protestants; and he afterwards established at Paris an agency for collecting information as to their sufferings, and for exciting general interest in their cause. He co-operated with Franklin and others in the periodical work entitled Affaires de l’Angleterre et de l’Amérique (1776, sqq.), which was devoted to the support of American independence. He was also a supporter of the principles of the economists, and Quesnay called him his well-beloved disciple. In the last year of his life he became acquainted with Mesmer, and published a Lettre sur le magnétisme animal. He was imposed upon by speculators in whom he placed confidence, and was reduced to destitution by the failure of a scheme in which they engaged him. He died at Paris on the 10th of May 1784.
See La France protestante, by the brothers Haag, tome iv.; Charles Dardier, Court de Gebelin (Nîmes, 1890).
COURTENAY, the name of a famous English family. French genealogists head the pedigree of this family with one Athon or Athos, who is said to have fortified Courtenay in Gâtinois about the year 1010. His son Josselin had, with other issue, Miles, lord of Courtenay, founder of the Cistercian abbey of Fontaine-Jean. By his wife Ermengarde, daughter of Renaud, count of Nevers, Miles left a son Renaud, one of the magnates who followed Louis le Jeune to the Holy Land. This was the last lord of Courtenay of the line of Athon. Elizabeth, his elder daughter—a younger daughter died without issue,—carried Courtenay and
