The Green Bag VOL. XX.
No. 2
BOSTON
FEBRUARY, 1908
.THE LATE MR. JUSTICE KEKEWICH, WITH SOME REMARKS CONCERNING PROMOTION TO THE BENCH IN ENGLAND •
BY A PRACTICING LAWYER. AN American Senator wrote to Lord and yet when he came to preside there, his Erskine that he had made a wager decisions gave universal satisfaction. We that most of his (Erskine's) decrees had been will only mention his judgment in Dearie r. reversed. The greatest of English advocates Hall on an equitable assignment of a chose replied — "To save you from spending in action — a question with which as a your money upon bets you are sure to lose, common law lawyer he must have been remember that no man can be a great quite unfamiliar. Indeed Lord Lyndhurst 's advocate who is no lawyer. The thing is career illustrates the best features in our impossible." Lord Erskine here explains system of judicial appointment. He was in a sentence why the system of political appointed Lord Chief Baron of the Court of appointments to the judicial Bench (with Exchequer by his political opponents, just very rare exceptions) works to the advantage as the present Master of the Rolls (then a of the public. A great advocate naturally Liberal M. P.) was raised to the Bench by gravitates to public life, and the prizes of the Lord Halsbury. Lord Grey's appointment legal profession are given mainly to success of Copley was peculiarly creditable, becaiise ful public men. But the public does not the emoluments of the office (.£7,000 per suffer, because for a great advocate to be no annum) were at that time of moment to him. lawyer is a thing "impossible." It must We are proud of our members of Parliament also be remembered that a judge has the being unpaid, but our system of judicial assistance of counsel. This is especially the appointments has in the past been a system case in Courts of Chancery where questions of deferred payment for past political ser of law rather than questions of fact have to vices. Promotion to the Bench is not now be decided. Boston in the United States so entirely a matter political as it was when has given the English nation one of its most Eldon and Brougham sat on the Woolsack. brilliant chancellors since the death of To-day we have a Court of Chancery, which, Francis Bacon, in the person of John Single for learning and character, has never been ton Copley. If it had not been for the surpassed in our judicial annals. We have generous assistance of Mr. Gardiner Greene, six Judges of the First Instance of the a merchant of Boston, Copley could not Chancery Division of the High Court of have remained at the Bar, but ultimately Justice, who are all accomplished Equity success came, and Copley (born in the lawyers. Three of them were appointed by United States in 1772) lived to become Lord the late, and three by the present Lord Lyndhurst and to be four times Lord Chan Chancellor, so that political honors are easy. WThen John Scott (afterwards Lord Chan cellor of England. Copley (unlike Eldon) had never practiced in a Court of Equity, cellor Eldon) was called to the Bar, the
