On discovering his error, he
considered himself as freed from an intolerable burden, and hastened to
undo his former determination. "There are no precedents," said he, with
some exultation, "which stand in the way of our determining _liberally_,
_equitably_, and according to the _true_ intention of the parties." In
the same case, his learned assessor, Justice Wilmot, felt the same
sentiments. His expressions are remarkable:--"Courts of law ought to
concur with courts of equity in the execution of those powers which are
very convenient to be inserted in settlements; and they ought not to
listen to nice distinctions that savor of the schools, but to be guided
by true good sense and manly reason. After the Statute of Uses, it is
much to be lamented that the courts of Common Law had not adopted all
the rules and maxims of courts of equity. This would have prevented the
absurdity of receiving costs in one court and paying them in
another."[63]
Your Committee does not produce the doctrine of this particular case as
directly applicable to their charge, no more than several of the others
here cited. We do not know on what precedents or principles the evidence
proposed by us has been deemed inadmissible by the Judges; therefore
against the grounds of this rejection we find it difficult directly to
oppose anything.
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