Ruling

“ So we see that in the same degree that the problems of politics become more and more complicated and make greater demands on the knowledge, intellectual activity, foresight and decision of statesmen, that in just the same degree the ruling class substitutes superficial babbling for scientific earnestness, fickleness for intellectual stability, personal rivalry and narrow intrigues in place of calculated pursuit of a distant goal, constant wavering between provocative brutality and cowardly retreat in place of quiet, decisive firmness. ”

“ On exceptions, various specific rulings, whether interlocutory or final, whether brought up immediately or only after final judgment, are made direct and independent subjects for review; only so much of the record is brought up as is necessary for passing upon the specific exceptions; the decision usually is that the exceptions be sustained or overruled and that such further proceedings be had as the rulings on the exceptions call for. ”

“ The appeal being from a judgment of a territorial court, and no exceptions to rulings of the court on the admission or rejection of testimony being presented for our consideration, we are limited in our review to a determination of the question whether the facts found are sufficient to sustain the judgment rendered. ”

“ Paragraph 5- A judge who accepts payment in order to judge has his rulings voided except for cases where we specifically know he did not accept payment. If he simply accepts payment for being idle, that is permissible so long as it is obvious to all, such as a case where he has known work to perform at that time and he tells the parties to give him the cost of that work that he is missing. ”

“ The Court of Chancery.—Feeling a desire to see for myself the highest embodiment of English law where it lurked—a huge and bloated personification of all that was monstrous and discouraging to suitors—in the secret place of thunder, just behind the altar of sacrifice, forever spinning the web that for hundreds of years hath enmeshed and overspread the mightiest empire upon earth with entanglement, perplexity, and procrastination, till estates have disappeared and families have died out, sometimes, while waiting for a decision,—I dropped into the Court of Chancery. ”

“ Lord President—The Court expects you should give them a final Answer; their purpose is to adjourn to Monday next; if you do not satisfy yourself, [Pg 83] though we do tell you our authority, we are satisfied with our authority, and it is upon God's authority and the kingdom's; and that peace you speak of will be kept in the doing of justice, and that is our present work.
King—For answer, let me tell you, you have shewn no lawful authority to satisfy any reasonable man. ”

“ When the subject of discussion in a civil matter involves the examination of accounts, or by the absence of witnesses out of the kingdom, or by other reasons it happens that the Assizes cannot render justice, then the cause may be either commenced in the Court of the Pretor, or be brought there, and appeal shall be had from the Pretor to the Chancellor, and from the Chancellor to the Senate, whether upon the facts or upon the judgments rendered, as well upon the principle as upon the form, the whole in the manner which the legislature shall determine upon. ”

“ Ancient judicial theory and practice comprehended not merely trials before a regular tribunal, in which the merits of a case were duly ascertained by the joint efforts of judge, counsel, and assize, but also an alternative method of arriving at the same result—namely, a solemn appeal to the bar of Almighty God. ”

“ The Court victorious, the Minister popular, an arbitrary magistrate, a worthless criminal, officers undiscerning and ready to act any violence when their master is affronted—how little was wanted to roll the machine of Power to any eminence! ”

“ Leaving the body under the earth, accompany the soul passing to a new and unknown region, where she expecteth the sentence of the eternal judge. Imagine with thyself that thou art present at this tribunal, and the whole court of heaven, waiting with deep silence, and great attention, the event and sentence of this judgment, here must be given a strict account of all receivings and disbursements. ”

“ Authority and Jurisdiction of the kingdom, they have declared, That it is notorious, that the matter of the Charge is true, as it is in truth, my lord, as clear as crystal, and as the sun that shines at noon-day: which if your lordship and the Court be not satisfied in, I have notwithstanding, on the people of England's behalf, several Witnesses to produce. ”

“ Anyone in the realm may take oath that, for the accomplishment of all the aforesaid matters, he will obey the orders of the said twenty-five barons and distress us to the utmost of his power; and we give public and free leave to everyone wishing to take oath to do so, and to none will we deny the same. Moreover, all such of our subjects who do not of their own free will and accord agree to swear to the said twenty-five barons, to distrain and distress us together with them, we will compel to do so by our command in the aforesaid manner. ”

“ We do not admit any binding authority in the decisions and adjudications of the court of king’s bench or common pleas, or the court of chancery, over America; but we quote them as the opinions of learned men. ”

“ Section 9. The Judges constituting the aforesaid Courts shall be selected with reference to their intelligence, integrity, and fair-mindedness and shall render their verdict without prejudice, favor, partiality, or affection, and shall be so sworn, upon the organization of the Court; and shall further be sworn to administer even-handed justice.
“Section 10. The several courts herein provided for shall be governed in their deliberations, proceedings, and judgments by the rules and regulations governing the proceedings of regular courts-martial. (Fide non armis.) ”

“ In Law, a previous decision, rule or practice which, in the absence of a definite statute, has whatever force and authority a Judge may choose to give it, thereby greatly simplifying his task of doing as he pleases. ”

“ Although it is my will that complete justice be observed in each case, I charge you that, in so far as may be possible, and can be rightly done, you settle the differences and suits which arise, without having recourse to the technicalities of the law or proceeding by the ordinary methods, or condemning to pecuniary fines; but observing throughout the provisions of the decrees that shall be given you. ”

“ What court, what tribunal of last resort, is to define this God, and who is to make known his will? In his presence, laws passed by men will be of no value. The decisions of courts will be as nothing. ”

“ It is just to believe that in that supreme tribunal, in the presence of your Majesty, injustice will be done to no one—least of all to me, who have served and am now serving your Majesty with so great integrity and solicitude, and who have had so long an experience. ”

“ Those who write upon the principles of jurisprudence, consider only what the person to whom the obligation is due, ought to think himself entitled to exact by force; what every impartial spectator would approve of him for exacting, or what a judge or arbiter, to whom he had submitted his case, and who had undertaken to do him justice, ought to oblige the other person to suffer or to perform. ”

“ The people place the judicial power in the hands of a Supreme Court, Circuit Court, Landrosts, Juries, and such other persons as shall be entrusted with judicial powers, and leave all these free to discharge their function according to their judgment and consciences, according to the laws of the land. ”

“ You remember the decision of the circuit judge,—himself soon to be summoned by death before the Judge who is no respecter of persons,—not allowing the destined victim his last hope, "the great writ of right." ”

“ Under the responsibility of reputations as precious to them as those of the highest court, and under the sanction of an oath, they arrive at conclusions, and present their reasons for such conclusions, which form one, not the exclusive, element for a court and jury to arrive at a just judgment. ”

“ Over the State God placed the magistrate, who might here be a monarch, an Emperor or King, and there a Syndic or Council, created by the people for the people; but whatever he might be, he was yet a power ordained of God for the good of man and the regulation of society. ”

“ Such a process would be just as rational in courts of justice, as in halls of legislation; for it is of no importance to a man, who has his rights taken from him, whether it be done by a legislative enactment, or a judicial decision. ”

“ Since that the Court hath taken into consideration what you then said; they are fully satisfied with their own authority, and they hold it fit you should stand satisfied with it too; and they do require it, that you do give a positive and particular Answer to this Charge that is exhibited against you; they do expect you should either confess or deny it; if you deny, it is offered in the behalf of the kingdom to be made good against you; their authority they do avow to the whole world, that the whole kingdom are to rest satisfied in, and you are to rest satisfied with it. ”

“ The Courts must declare the sense of the law; and if they should be disposed to exercise will instead of judgment, the consequence would equally be the substitution of their pleasure to that of the Legislative body. ”

“ If any crime is committed respecting which no law has been made, a general assembly of the people shall be called, where judgment shall be pronounced in accordance with the inspiration of Wr-alda’s spirit. If we act thus, our judgment will never fail to be right. ”

“ Sometimes the court is divided, the dissenting judges possessing by universal concession the greater wisdom, more legal learning and ability ; sometimes, not bound by its own judgment, the court reverses its decisions and stands on both sides of a question. ”

“ The true jurists, the true legislators, will learn from comparative jurisprudence the lex legum of which I have spoken; will know the veneration due to those institutions and laws which are the surest exponents of national genius, while they obey implicitly the spirit of progress. ”

“ The people in both reserved in a manner the office of judgment to themselves, and brought the decision of civil rights, or of criminal questions, to the tribunal of peers, who, in judging of their fellow citizens, prescribed a condition of life for themselves. ”

“ All power residing originally in the People, and being derived from them, the several magistrates and officers of government, vested with authority, whether legislative, executive, or judicial, are their substitutes and agents. ”

“ The royal power saw in this merely a concession from itself, a consultative power, which ought to yield before the royal will, when the latter was clearly manifested, either by lettres de jussion or by the actual words and presence of the king, when he came in person to procure the registration of a law in a so-called lit de justice. ”

“ Jury selection should not be tampered with, and jurors who try men for high treason should be freeholders.
11. All grants and promises of fines and forfeiture of particular persons, before conviction, are illegal and void.
12. Parliament should be held frequently for redress of grievances and for the amending, strengthening, and preserving of the laws.
13. All Protestants may freely exercise their religion and the king will maintain the Protestant religion and the law and liberty of the realm. ”

“ Ye shall swear, that well and lawfully ye shall serve our lord the king and his people, in the office of justice, and that lawfully ye shall counsel the king in his business, and that ye shall not counsel nor assent to anything which may turn him in damage or disherison in any manner, way, or color. ”

“ The character of the man as well as the clearness of his judicial judgment may be seen from a single extract from a decision written by himself in a celebrated case which came before the court during his incumbency of the supreme bench. ”

“ Now, therefore, the king usually assumes to himself whatever was wrought, elaborated, or formed, as it were, in the womb of the council (unless it be a matter of an invidious nature, which he is sure to put from him) , so that the decree and the execution shall seem to flow from himself.650 And as this decree or execution proceeds with prudence and power, so as to imply necessity, it is elegantly wrapped up under the figure of Pallas armed. ”

“ By it, the king “at the grievous and clamorous complaints of the great men and commons of the realm of England” enacts “that all the people of the king’s ligeance of what condition that they be, which shall draw any out of the realm in plea” or any matter of which the cognizance properly belongs to the king’s court shall be allowed two months in which to answer for their contempt of the king’s rights in transferring their pleas abroad. ”

“ In a third sense legislation includes every expression of the will of the legislature, whether directed to the making of law or not. In this use, every act of Parliament is an instance of legislation, irrespective altogether of its purpose and effect. The judicature, as we have seen, does many things which do not fall within the administration of justice in its strict sense ”

“ Make what laws we will, and occasionally they will be harsh, and often inapplicable. Construct what tribunals we will, and the judge will now and again be prejudiced, or tired, or sleepy, the leading juryman stupid, or the counsel forgetful of his duty. ”

“ If any of the parties shall refuse to submit to the authority of such court, or shall not appear to prosecute or defend their claim or cause, the court shall nevertheless proceed to pronounce judgment The judgment shall be final and conclusive. ”

“ At some moments this court presents a singular spectacle. I have watched the assemblage while the chief-justice was delivering a judgment; the three judges on either hand gazing at him more like learners than associates ”