Disbarment

“ What is done today will be disheartening and frustrating to courts and bar associations throughout the country in their efforts to maintain high standards at the bar.
It exposes this Court itself to the possible indignity that it may one day have to admit to its own bar such a lawyer unless it can somehow get at the truth of suspicions, the investigation of which the applicant has previously succeeded in blocking. For I can perceive no distinction between 'admission' and 'disbarment' in the rationale of what is now held. ”

“ Despots and fanatics have exerted their ingenuity to invent torments for their victims—how useless!—the rack, the boot, fire,—all that they have imagined are not to be compared to the torture of extreme thirst. ”

“ And no man ever looked a second time at his Roman nose and massive chin and doubted for a moment that he saw a man of power, of iron will and fierce passions.
"I have called this morning, Governor," the older man began with sharp emphasis, "to advise you to revoke at once your proclamation suspending the writ of habeas corpus. Your act was a blunder—a colossal blunder! We are not living in the Dark Ages, sir—even if you were elected by a negro constituency! Your act is four hundred years out of date in the English-speaking world." ”

“ If any ever speak again of rebellion, or of treason, and seek to break the Law, on his head shall be the blood of all. For surely woe shall come again on us. In your own behalf I warn you, and ye shall be the judges. ”

“ I might exhibit abuses which have occurred under the Fugitive Act,—the number of free persons it has doomed to Slavery, the riots it has provoked, the brutal conduct of its officers, the distress it has scattered, the derangement of business it has caused,—interfering even with the administration of justice, changing courthouses into barracks and barracoons, and filling streets with armed men, amidst which law is silent. ”

“ A word of contempt against the King or the government, a joke, a detached phrase, was enough. It is incredible how many people, justly or unjustly, were more or less ruined, always without resource, without trial, and without knowing why. ”

“ But when a Mob of Chairmen or Servants, or a Gang of Thieves and Sharpers, are almost too big for the Civil Authority to suppress, what must be the Case in a seditious Tumult, or general Riot of the People? ”

“ Whoever shall presume otherwise to challenge any one and to invade him in the aforesaid manner, shall incur, by the very act, the same infamy as if no challenge had been made; and we decree that he be punished as a traitor by his judges, whoever they are, with the lawful punishments. ”

“ The alternate dominion of one faction over another, sharpened by the spirit of revenge natural to party disseusions, which, in different ages and countries, has perpetrated the most horrid enormities, is itself a frightful despotism. ”

“ The king said that desertion was so common that it was necessary to devise some punishment that would strike terror into the hearts of offenders, and therefore he would condemn the culprit to decapitation, and would himself choose the comrade who must perform the execution. ”

“ But the penal part of military discipline, with its red-hot irons, its floggings, and its various forms of death, is too repulsive to do more than glance at as testimony of the cruelty and despotism that have never been separated from the calling of arms. ”

“ Every person, being a commissioned officer, or acting as such in the service of the enemy, who shall, during the present war, excite, attempt to excite, or cause to be excited, a servile insurrection, or who shall incite, or cause to be incited, a slave or rebel, shall, if captured, be put to death, or be otherwise punished at the discretion of the court. ”

“ In fortification, the tread of a banquette is the upper and flat surface on which the soldier stands whilst firing over the parapet.
Treason. A general appellation to denote not only offenses against the king and government, but also that accumulation of guilt which arises whenever a superior reposes confidence in a subject or inferior, between whom and himself there subsists a natural, a civil, or even a spiritual relation; and the inferior so abuses that confidence, so forgets the obligations of duty, subjection, and allegiance, as to destroy the life of any such superior or lord. ”

“ Every woman imprisoned was convicted of some distinct breach of the law, such, for example, as resisting and obstructing the police in the execution of their duty, or conduct likely to provoke a breach of the peace. ”

“ While the profligate court spent in tournaments and gallantry, or in the wild distractions of the chase, that time which belonged to the necessities of the state, the fierce grandees made civil war upon each other from province to province, dividing, with impunity, the spoils of the crown and the substance of the people. Corruption, venality, and violence became universal ”

“ Thus we see the Legislature have taken the utmost Care not only to punish, but even to prevent this Vice of Drunkenness, which the Preamble of one of the foregoing Statutes calls a loathsome and odious Sin, and the Root and Foundation of many other enormous Sins, as Murder, &c. Nor doth the Wisdom of our Law stop here. Our cautious Ancestors have endeavoured to remove the Temptation, and, in a great measure, to take away from the People their very Power of offending this way. ”

“ The despot may plead he lights up the conflagration of empires, and encreases the miseries of human nature to the most horrible climax of anguish, by the command of this necessity. The priest may deceive, the lawyer defraud, and the physician poison, by the same impulse of necessity. ”

“ Look at the records of your own government, and you will find that hundreds have been executed for the very crime, which has called forth the sentence of condemnation against this woman, and drawn down upon her the arms of vengeance. What have our brothers done, more than the rulers of your own people have done? ”

“ The miserable fiasco of a delirious Revolution went careering through the giddy maze of treachery and madness until a frenzied wave of rapine and disorder swept all the noblewomen of the Imperial household into a barricaded fortress around which lust and inebriety held unsated and remorseless vigil for the prize. ”

“ First, then, if a man is present when another commits treason, felony, or notorious breach of the peace, he hath a right instantly to arrest and commit him, lest he should escape if any affray be made, to the breach of the peace, any man present may, during the continuance of the affray, by a warrant in law, in order to prevent imminent mischief, restrain any of the offenders ”

“ To comply with the command seemed madness in men who were conscious that their proceedings had already amounted to high treason;—but to refuse obedience, and thus set at defiance a power to which they were as yet unprepared to oppose any effectual resistance, seemed equally desperate. ”

“ Mutiny. Insurrection against constituted authority, particularly military authority; open and violent resistance to the authority of officers; concerted revolt against the rules of discipline; hence, generally, forcible resistance to rightful authority on the part of subordinates. Violent commotion; tumult; uproar; strife.
Mutiny. To rise against lawful authority in the military service; to excite, or to be guilty of mutiny, or mutinous conduct; to revolt against one’s superior officer or rightful authority. ”

“ When it became evident, from the menacing cries and groans of the multitude, that danger, if not destruction, was meditated to the harmless and inoffensive inmates, a flag of truce appeared, and an appeal was made in their behalf, by the principal, to every sentiment of humanity which these beings might possess,—a vain appeal! Whatever human feeling had ever, if ever, filled these souls was utterly drowned and washed away in the tide of rapine and blood in which they had been steeping themselves. ”

“ So sensitive was their jealousy of arbitrary imprisonment, that they preferred enduring riot and robbery to chastising them by any means that might afford a precedent to oppression, or weaken men's reverence for Magna Charta. ”

“ And, from that time on, every man on his own authority and without judicial sentence may, with impunity, invade as traitors and as disloyal persons and as rebels against the empire, those citizens whom we, in such a case, from now or from a former time on, deprive of all their rights. ”

“ In nearly every settlement suspicion led to combination for defense, combination to some form of oppression or insult, and so on by easy transition to arrest and concealment, attack and reprisal, expulsion, theft, house- burning, capture, and murder. ”

“ Widespread corruption; peculators hiding peculators—from the man who hides the rotten army contract at the Ministry of War to the man who hides the rottenness of the fodder in the barrack-stable. Widespread [Pg 205] corruption; Ministers the servants of vice, each duller than Jocrisse; marshals as wooden and as useless as their bâtons; skeleton regiments, batteries without cannon, cannon without horses; no esprit; an army of gamins with cigarette-stained fingers and guns in their hands. ”

“ He spoke bitterly, for he was furious that he should have allowed his man to be forced into the surrender of his rights. Man-like, he felt the necessity of blaming his own derelictions on some one else. ”

“ With such a system of military despotism no man’s life was safe, and indeed many men were accused, arrested, imprisoned, tried, convicted and put to death without ever knowing the charges against them. ”

“ Where pain of unextinguishable fire Must exercise us without hope of end The vassals of his anger, when the scourge Inexorably, and the torturing hour, Calls us to penance? More destroyed than thus, We should be quite abolished, and expire. ”

“ An outrage so unprovoked and monstrous, so flagrant a breach of faith, an act of usurpation effected with such unparalleled perfidiousness, and then with such matchless effrontery avowed, must, they thought, even among the French themselves, excite a sense of honour and of indignation which would prevent them from becoming the instruments of so infamous an injustice. ”

“ Since the earliest days of the war there had never been quite an end of the protestation against arbitrary military arrests and the suspension of the sacred writ of habeas corpus, and now the querulous outcry was revived with startling vehemence. ”

“ Finding the delinquents too numerous to be all punished, it selects some of them at hazard, to hear the whole penalty of an offence in which they are not more deeply implicated than those who escape. Whether decimation be a convenient mode of military execution, we know not; but we solemnly protest against the introduction of such a principle into the philosophy of history. ”

“ If we, our chief justice, our officials, or any of our servants offend in any respect against any man, or transgress any of the articles of the peace or of this security, and the offence is made known to four of the said twenty-five barons, they shall come to us - or in our absence from the kingdom to the chief justice - to declare it and claim immediate redress. ”

“ Banishments, deportations, imprisonments, tortures and confiscations, are the usual weapons of the tyrant to strangle liberty, to extirpate those that are after it, but they have so far proved ineffectual to kill it. ”

“ The thirty or forty poachers whom they prosecute to day on their estates will march to-morrow to attack their chateaux at the head of an insurrection. The absence of the masters, the apathy of the provinces, the bad state of cultivation, the exactions of agents, the corruption of the tribunals, the vexations of the captaincies, indolence, the indebtedness and exigencies of the seignior, desertion, misery, the brutality and hostility of vassals, all proceeds from the same cause and terminates in the same effect. ”

“ Behold, then the policy, or rather the madness and folly of oppressive rulers: if they are successful in their injurious measures, they are exposing themselves and their subjects an helpless prey to the ravages of some ambitious neighbour: if they are not; they are raising up enemies against themselves at home, and, as it were, setting fire to their own habitations. ”

“ In cases of desertion, the greatest of crimes, the offender was made to run this gauntlet two days in succession, and twelve times each day. Can we wonder that the terrible punishment often ended in death? ”

“ Our experience before and after the battle was so painful and harassing as to lead to the determination never again to be placed under the arbitrary rule of the army of occupation, whose frequent arrests and incarcerations in the common jail of unoffending citizens under the most frivolous pretexts, and often with no pretexts at all, made our very lives insecure. ”

“ If any man shall be proved and Judged a commen Barrator vexing others with unjust frequent and endlesse suites, It shall be in the power of Courts both to denie him the benefit of the law, and to punish him for his Barratry. ”

“ I have men and regiments at my disposition: some I have led to believe that the uprising is ordered by the General; others that the friars are bringing it about; some I have bought with promises, with employments, with money; many, very many, are acting from revenge, because they are oppressed and see it as a matter of killing or being killed. ”

“ Destruction is upon them already; all will be destroyed, as the circumstances stand, before the master acts to avert peril. Something must be destroyed at all events. The only volition to be exercised is, Shall the destruction be anticipated as to part, to procure the rescue of the rest? ”

“ They reflected that all of these men had forsworn themselves, that they were traitors and robbers, that they had deliberately, through years of power, planned to rebel, to destroy the government, and bring ruin upon the people if they could not have their way. ”