The Bench and Bar as Makers of the American Republic

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E.B. Treat, 1901 - Lawyers - 65 pages
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Page 30 - It is too probable that no plan we propose will be adopted. Perhaps another dreadful conflict is to be sustained. If, to please the people, we offer what we ourselves disapprove, how can we afterwards defend our work ? Let us raise a standard to which the wise and the honest can repair : the event is in the hand of God.
Page 22 - Then to side with Truth is noble when we share her wretched crust, Ere her cause bring fame and profit, and 'tis prosperous to be just; Then it is the brave man chooses, while the coward stands aside, Doubting in his abject spirit, till his Lord is crucified, And the multitude make virtue of the faith they had denied.
Page 63 - Once to every man and nation comes the moment to decide, In the strife of truth with falsehood, for the good or evil side; Some great cause, God's New Messiah, offering each the bloom or blight, Parts the goats upon the left hand and the sheep upon the right; And the choice goes by forever 'twixt that darkness and that light.
Page 47 - ... to the effectuation of its main powers and purposes, but he developed and applied this idea with so much prudence and sobriety, never treading on purely political ground, never indulging the temptation to theorize, but content to follow out as a lawyer the consequences of legal principles, that the Constitution seemed not so much to rise under his hands to its full stature, as to be gradually unveiled by him till it stood revealed in the harmonious perfection of the form which its framers had...
Page 32 - I can see, the most wonderful Work ever struck off at a given time by the brain and purpose of man.
Page 50 - Great captains, with their guns and drums, Disturb our judgment for the hour, But at last silence comes ; These all are gone, and, standing like a tower, Our children shall behold his fame, The kindly-earnest, brave, foreseeing man, Sagacious, patient, dreading praise, not blame, New birth of our new soil, the first American.
Page 44 - It was thus that the practical working of our Federal Constitution during the first thirty years of the nineteenth century was swayed to so great an extent by the profound and luminous decisions of Chief Justice Marshall, that he must be assigned a foremost place among the founders of our Federal Union. This intrusting to the judiciary the whole interpretation of the fundamental instrument of government is the most peculiarly American feature of the work done by the convention, and to the stability...
Page 42 - The establishment of the Supreme Court of the United States was the crowning marvel of the wonders wrought by the statesmanship of America. In truth the creation of the Supreme Court with its appellate powers was the greatest conception of the Constitution. It embodied the loftiest ideas of moral and legal power...
Page 32 - Again, there is no liberty, if the judiciary power be not separated from the legislative and executive. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control; for the judge would be then the legislator. Were it joined to the executive power, the judge might behave with violence and oppression.
Page 33 - Thus, at length, was realized the sublime conception of a nation in which every citizen lives under two complete and well-rounded systems of laws, — the state law and the federal law, — each with its legislature, its executive, and its judiciary moving one within the other, noiselessly and without friction. It was one of the longest reaches of constructive statesmanship ever known in the world.

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