Old Cape Cod : $b the land, the men, the seaBangs, Mary Rogers
History
Old Cape Cod : $b the land, the men, the sea
Bangs, Mary Rogers
Cape Cod (Mass.)
And the man who more than any other in Massachusetts was to perfect
their work, who stands beside the great Marshall in the history of
American jurisprudence, and by the wise decisions of a temperate
mind established the flow of justice through the channel of the
common law, was also a native of Great Marshes. There, in 1781,
when the work of the earlier patriots was accomplished, Lemuel
Shaw was born. Slowly, irresistibly, by sheer force of worth and
capacity, he advanced to fame. He was graduated from Harvard, he
entered the law, and for twenty-six years practised his profession
in Boston. At one time and another he served in the General Court,
he was firewarden, selectman, a member of the school committee,
and of the constitutional convention of 1820; and in 1830, when he
was appointed chief justice of the Supreme Judicial Court, his sane
inheritance, his tempered judgment, his wide experience of law and
of men, had forged a mind perfectly adapted to his opportunity.
In his thirty years upon the bench he enriched incalculably the
sparse records of the common law. In the opinion of a fellow jurist,
“The distinguishing characteristic of his judicial work was the
application of the general principles of law, by a virile and learned
mind, with a statesman’s breadth of vision and amplitude of wisdom to
the novel conditions presented by a rapidly changing civilization.”
The Pilgrims had brought here and practised the Anglo-Saxon
conception of such freedom as is commensurate with justice to all.
“They brought along with them their national genius,” wrote Saint
John de Crèvecœur in his “Letters from an American Farmer,” in
1782, “to which they principally owe what liberty they enjoy, and
what substance they possess.” It was the great American jurists who
developed and adapted that conception of justice for the due guidance
of the new nation.
Shaw lived in Boston, but, unlike James Otis, he never gave up
his hold upon his native town. He loved the village roads and
Great Marshes and the sea. And, curiously, as if again the magic
of the sea’s charm persisted in the fortunes of its children,
Shaw’s daughter married Herman Melville, the author of “Typee” and
“Omoo.” Shaw was fond of children, and used to drive his little
granddaughter about Boston in his old chaise; there is a story of
his being caught by a visitor at a game of bear with the children.
But he could be stern enough on the bench; and a sharp practitioner,
complaining of his severity, was tartly reminded by a fellow lawyer
that “while we have jackals and hyenas at the bar, we want the old
lion on the bench with one blow of his huge paw to bring their scalps
about their eyes.”
Public-domain text, read in full here on John Shaqi.
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