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Updated: June 11, 2025
The evil complained of, or the danger to be guarded against, was contradiction and repugnance in the decisions of these judicatures.
A lady with whom the prince was suspected of intimacy, perhaps more than virtue allowed, was seized, I know not upon what accusation, and, by the king's order, notwithstanding all the reasons of decency and tenderness that operate in other countries, and other judicatures, was publickly whipped in the streets of Berlin.
The subsidiary application of the urban edict in the court of the -praetor peregrinus- at Rome and in the different provincial judicatures was entirely subject to the arbitrary pleasure of the individual presiding magistrates.
The doctrine of nullification, in my judgment a most false, dangerous, and revolutionary doctrine, is this: that the State, or a State, may declare the extent of the obligations which its citizens are under to the United States; in other words, that a State, by State laws and State judicatures, may conclusively construe the Constitution for its own citizens.
It is not to be supposed that the Convention intended that the power of the national judiciary should extend to these questions, and that the power of the judicatures of the States should also extend to them, with equal power of final decision. This would be to defeat the whole object of the provision. There were thirteen judicatures already in existence.
Will it be said, that the one class is indeed more generally restrained, and more severely punished by human laws, because more properly cognizable by human judicatures, and more directly at war with the well-being of society; but that when brought before the tribunal of internal opinion they are condemned with equal rigour?
There must, in every society, be some power or other, from which there is no appeal, which admits no restrictions, which pervades the whole mass of the community, regulates and adjusts all subordination, enacts laws or repeals them, erects or annuls judicatures, extends or contracts privileges, exempt itself from question or control, and bounded only by physical necessity.
This disposition continued in force till the Norman Conquest; when, as the reader must have formerly noticed, the two judicatures were completely separated by the new sovereign; and in every diocese "Courts Christian," that is, of the bishop and his archdeacons, were established after the model and with the authority of similar courts in all other parts of the Western Church.
Although all reflecting men had, for many long years, been well aware of the evils pervading our colonial system, and though the iniquity and perverseness of West Indian judicatures had long been the topic of universal comment, yet this single case of a persecuted individual falling a victim to those gross perversions of law and justice which are familiar to the colonial people, produced an impression far more general and more deep than all that had ever been written or declaimed against system of West India slavery; and looking back on the consummation of all our hopes in 1833 and 1838, we at once revert from this auspicious era to that ever memorable occasion as having laid the solid foundation of our ultimate triumph.
The legal profession is equally degraded; even a barrister or advocate holds a place in the public esteem little differing from that of an Old Bailey attorney of the worst class. Forensic eloquence is unknown in Germany, as it is too generally on the continent, from the defect of all popular or open judicatures.
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