Sketch of the Life and Judicial Labors of Chief-Justice ShawJ. Wilson, 1868 - 32페이지 |
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Alger applying argued argument of questions Barnstable bench BENJAMIN F bills changes Chief-Justice Shaw College common law Commonwealth comprehension Constitution Convention counsel David Everett defendant discussion duty earnest eloquence eminent equity exigencies father felt future Chief-Justice Governor Lincoln Greek dialogue HARVARD COLLEGE honor illustration Judge Prescott Judge Shaw JUDICIAL LABORS judicial opinions jurisdiction jurisprudence jury justice knew LABORS OF CHIEF-JUSTICE lawyer Legislature Lemuel Shaw magistrate Massachusetts Massachusetts Historical Society mind ness never nisi prius oral judgments parties passions pleasure to try positive law practice prehensive principles of law profession punishment and disgrace questions of law reports respect rhetoric salutary School Committee-man Selfridge Senate sense settled Shaw's Sims sion slavery sometimes Statute Statute of Frauds Supreme Court thirty Timothy Flint tion town of Boston trate trial try causes understood veneration vigorous Webster Westminster Hall wise written
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3 페이지 - You'd scarce expect one of my age, To speak in public on the stage ; And if I chance to fall below Demosthenes or Cicero, Don't view me with a critic's eye, But pass my imperfections by. Large streams from little fountains flow; Tall oaks from little acorns grow...
28 페이지 - ... the provision of the Constitution of the United States forbidding a state to pass any law impairing the obligation of contracts, the only question was of its construction by the state court.
30 페이지 - ... was greater than the magistrate, — Lemuel Shaw than the venerable Chief-Justice. A truer man, indeed, did not grace his generation. With a little roughness of exterior, he was like the nuggets of California, — through and through solid gold. But the man bowed to the magistrate. With the largest sense of equity, he was the servant of the law he was set to administer, and obeyed its mandate. With the most generous love of freedom, and hatred of oppression, he stood unflinchingly by the Constitution...
2 페이지 - Almost within sight of the place where we now are, still stands a modest spire, marking the spot where a beloved father stood to minister the holy word of truth and hope and salvation to a numerous, beloved, and attached people, for almost half a century. Pious, pure, simple-hearted, devoted to and beloved by his people, never shall I cease to venerate his memory, or to love those who knew and loved him. I speak in the presence of some who knew him, and of many more, who, I doubt not, were taught...
12 페이지 - ... official duties, — the representatives of the people do earnestly hope, and confidently trust, that this high court, disregarding all consequences personal to the respondent, will pronounce such judgment on his conduct as will prove a salutary example to all others in authority, vindicate the honor and secure the rights of this Commonwealth, and enable them to transmit to posterity that unblemished reputation for purity, honesty, and integrity, in the administration of justice, which has hitherto...
7 페이지 - How thoroughly well and faithfully this work was done, the older members of the profession have reason to gratefully recollect. This edition was in exclusive use from 1820 to the general revision of the Statutes in 1836, and is still indispensable for reference. These details may, we fear, be uninteresting; but the labors of Mr. Shaw as School Committee-man, Selectman, Rep* He was, in a sense, conditor urbis. His large services to the city and to the Commonwealth, of which the city is the head, fairly...
5 페이지 - Mr. Shaw gave himself faithfully to the study and work of his profession, but not to the entire exclusion of other studies. A man cannot be a great lawyer who is nothing else. Exclusive devotion to the study and practice of the law tends to acumen rather than breadth, to subtlety rather than strength. The air is thin among the apices of the law, as on the granite needles of the Alps. Men must find refreshment and strength in the quiet valleys at their feet.
24 페이지 - Shaw was on the bench, for the court, on the last day of the law term, or in long terms on Monday mornings, to deliver 'oral judgments in the cases already decided. Sometimes the reports of the opinions orally given sufficed. More frequently they were subsequently written out for the reporter. These were field-days for the Chief-Justice. • He was never so great, and never felt to be so great, as in some of these oral judgments. His mind always seemed to be a little cramped by the pen. His oral...
11 페이지 - ... is an injunction delivered upon the highest authority, and enforced by the most solemn of all sanctions. Nor am I aware that powerful and animated appeals to your compassion or resentment can have any considerable or lasting influence ; they may, indeed, afford opportunity for the display of genius and eloquence, excite a momentary feeling of sympathy and admiration, and awake and command attention. Beyond this their influence would be pernicious and deplorable. If the charges brought against...
25 페이지 - the constitution and the laws of the United States, made in pursuance thereof, shall be the supreme law of the land, anything in the constitution or laws of any state to the contrary notwithstanding.