The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
Less outward respect was shown toward the courts by the bar in
former times than now, and it often received less courtesy of
treatment from the bench. An incident occurring in Massachusetts
about the beginning of the nineteenth century may serve as an
illustration. Robert Treat Paine, a signer of the Declaration of
Independence, resigned his seat on the bench of the Supreme
Judicial Court in 1804, at the age of seventy, largely on account
of deafness. Naturally somewhat imperious in temperament, his
bearing toward the bar had seemed harsher from this infirmity.
Fisher Ames used to refer to him as _Ursa Major_, and once
told a friend that he should not go into court again, when Judge
Paine held it, without a club in one hand and a speaking trumpet
in the other. Theophilus Parsons, not long afterwards made Chief
Justice of the State, was arguing before him one day when the
judge, under the misconception into which a deaf old person so
easily falls, that the younger generation all speak hurriedly and
indistinctly, cried out, "Mr. Parsons, I tell you once for all,
take that glove off your tongue." "Certainly, Sir," was the
quick retort, "and may I beg your honor to take the wool out of
your ears?"[Footnote: "Memoir of Theophilus Parsons," 214.]
Some twenty years later Roger Minott Sherman, the leader of the
Connecticut bar, in trying a cause before an empty-headed judge
who had been put on the bench for no other apparent reason than
that his father was a man of distinction, quoted several English
authorities and was about to read from another when the judge
remarked that he need not take the trouble to read anything more
of that sort to him. "Then," said Mr. Sherman, "with your
Honor's permission I will read from it to the jury, and let me
say that it is an opinion of Lord Ellenborough, a Chief Justice
of England who rose to the bench by his own merits, and shone by
no reflected light."
One of the anecdotes of the Boston bar is that while Samuel
Dexter, one of the great lawyers of his day, was arguing a cause
in the Circuit Court of the United States before Justice Story,
soon after his accession to the bench, the court suddenly
interposed, as a certain principle was asserted, with "That
proposition is not law, Sir," to which Mr. Dexter retorted, "It
is the law, if your Honor please, and will finally be declared to
be the law by this court," as indeed it was later by Justice
Story himself.[Footnote: Payne, "Reminiscences of the Rhode
Island Bar," 241.]
Such a passage at arms between court and counsel as took place in
either of these instances could now hardly occur.
Out of court there is no longer this distance between judge and
lawyer. While they will not talk over an unfinished case, one
that is finally disposed of is often the subject of free comment
by each. They are now entirely upon the same level in the
community. Officialism is put off when the court room is closed.
Public-domain text, read in full here on John Shaqi.
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