Summary

Henry Baldwin,  Ex parte Crane v. Crane — Dissent

“ There too I find no writ issued, no power asserted, to command a circuit court to seal a bill of exceptions. Without a rule to bind my faith, a decision to influence my judgment, a reason to enlighten my understanding, and without one precedent to justify me in disobeying the settled convictions of my conscience, I have a plain course to take, a plain line to guide me in the path of duty. Believing that the law of the land does not authorize this writ, that it is the exercise of a power neither inherent nor conferred ”
Source: Wikisource

Henry Baldwin,  Ex parte Crane v. Crane — Dissent

“ The streams of justice which have flowed from the one have run in one unbroken current for five hundred and forty-six years, without such a mandamus as this seen floating even on the surface. The responses from the other are the voice of the law, speaking through all ages, in one unvarying tone; delivering the results of human wisdom, developed in principles, matured, digested, explained, enforced and supported during five centuries, amidst all the conflicts of party vengeance, civil war, and regal oppression. ”
Source: Wikisource

Henry Baldwin,  Ex parte Crane v. Crane — Dissent

“ I hope never to see the judges of the highest court in a republic afraid, when their judgment tells them that they stand on the written constitution, and law of the nation, and their duty is called into action on a proper occasion, to assert and maintain those great principles of jurisprudence avowed in the highest court in a monarchy, by judges of a subordinate one, under a constitution unwritten, and which could give no control to a legislative power, which was omnipotent. ”
Source: Wikisource

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