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I am asked, whether it is not the chief question at the bar of our courts of justice, what is the character of the prisoner? and cannot but feel some amazement that any man should be so ignorant of common proceedings, and so much unacquainted with the execution of our laws, as to have admitted a notion so chimerical.
But is it not rather rash, perhaps " "I know what you are going to say. Well, perhaps it is rash. But when you are going to foreign courts, what are you to do? If you have got those sort of things you must wear them." As I was not myself possessed of anything of that sort, and had no intention of going to any foreign court, I could not argue the matter with her.
They were, of course, not subject to "advice," as were some of the gentlemen who sat on our state courts; no sane and self-respecting American would presume to "approach" them. Nevertheless they were human, and it were wise to take account, in the conduct of the case, of the probable bias of each individual.
Other heroes of this profession, compared with whom Smith and Ogden were spotless, have since come before our courts only to be turned loose upon the world again. No other result is to be anticipated. It is an established principle with our fellow-citizens, that no man is happy, or ought to be, who lives under any other system of government than our own.
"Between our omnipresent legislatures which spend our time and money repealing what we lawyers already know, and enacting laws for the courts to set aside, these are what might be called parlous times for the profession, but my long suit is not in understanding statutes, but people." Insensibly he had dropped his flippant tone, and was speaking, seriously, with conviction.
Stanton could not regain his office except by a process through the courts." To this the President assented, saying he "remembered the reference to the case of the Baltimore commissioners," when General Grant resumed: "I said if I changed my opinion I would give you notice, and put things as they were before my appointment as Secretary of War ad interim."
Secondly, as respects the presidency of the courts, six praetors, as we have already mentioned, were now available for the superintendence of the different jury-courts, and to these were added a number of other directors in the care of the commission which was most frequently called into action that for dealing with murder.
The education of the Americans is also on the same unalterable bottom with their religion. You cannot persuade them to burn their books of curious science; to banish their lawyers from their courts of laws; or to quench the lights of their assemblies by refusing to choose those persons who are best read in their privileges.
That House also vindicated its right to judge of elections against Elizabeth, and the principle that it alone shall be the judge remains in full force in the United States, though in modern times in England given to the courts. There is no constitutional principle in England as to the right of suffrage, which in early times was shared in by all free men, or at least landholders.
Shall we not, then, see a deep meaning and reference to that awful blank, when Jesus standing there in the courts of that Temple, whose inmost shrine was, in a most sad sense, empty, pointed to the quenched lamps that commemorated a departed Shechinah, and said, 'I am the Light of the world'? He is the Light of the world, because in Him is the glory of God.
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