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Page 38 - No person shall be convicted, without the concurrence of two-thirds of the members present. 3. The Governor, and all other civil officers under this commonwealth, shall be liable to impeachment for any misdemeanor in office ; but judgment, in such cases, shall not extend further than...
Page 104 - From its very position, it is apparent that the conservative power is lodged with the judiciary, which, in the exercise of its undoubted right, is bound to meet every emergency; else causes would be decided not only by the legislature, but, sometimes, without hearing or evidence.
Page 79 - On the other hand, to declare them irresponsible to any power but public opinion and their consciences, would be incompatible with free government. Individuals of the class may and sometimes do, forfeit their professional franchise by abusing it; and a power to exact the forfeiture must be lodged somewhere. Such a power is indispensable to protect the court, the administration of justice, and themselves.
Page 71 - It is one of the noblest properties of this common law, that instead of moulding the habits, the manners, and the transactions of mankind to inflexible rules, it adapts itself to the business and circumstances of the times, and keeps pace with the improvements of the age.
Page 78 - ... the office of attorney, for to subject the members of the profession to removal at the pleasure of the court, would leave them too small a share of the independence necessary to the duties they are called to perform to their clients, and to the public. As a class, they are supposed to be, and in fact have always been, the vindicators of individual rights, and the fearless asserters of the principles of civil liberty, existing where alone they can. exist, in a government, not of parlies or men,...
Page 95 - It was the indestructibility, not only of springing and shifting uses and of executory devises, but also of future trusts, which forced upon the judges the rule against perpetuities in order to set bounds to the remoteness of not only legal but equitable limitations, and it acts upon perpetuities whenever they appear, except in conveyances in mortmain, or to charitable uses.
Page 103 - ... co-ordinate. Each derives its authority, mediately or immediately, from the people; and each is responsible, mediately or immediately, to the people for the exercise of it. When either shall have usurped the powers of one or both of its fellows, then will have been effected a revolution, not in the form of the government, but in its action. Then will there be a concentration of the powers of the government in a single branch of it, which, whatever may be the form of the constitution, will be...
Page 103 - The functions of the several parts of the government are thoroughly separated, and distinctly assigned to the principal branches of it — the legislative, the executive, and the judiciary — which, within their respective departments are equal and coordinate. Each derives its authority, mediately, or immediately from the people ; and each is responsible, mediately or immediately to the people for the exercise of it. When either shall have usurped the powers of one or both of its fellows, then will...
Page 66 - This exposure of those who from the defenceless state in which even the common law has placed them, are least able to protect themselves, is extenuated by no motive of policy and is by no means creditable to our jurisprudence.
Page 78 - ... principle has not been applied to offices within the grant of the executive, it must necessarily be applied to the office of attorney. For, to subject the members of the profession to removal at the pleasure of the court, would leave them too small a share of the independence necessary to the duties they are called upon Argument for the attorney. to perform to their clients and to the public.