The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
The right to the free use of his hands is the workman's
property, as much as the rich man's right to the undisturbed
income from his factory, houses, and lands. By his work he
earns present subsistence for himself and family. His savings
may result in accumulations which will make him as rich in
houses and lands as his employer. This right of acquiring
property is an inherent, indefeasible right of the workman. To
exercise it, he must have the unrestricted privilege of working
for such employer as he chooses, at such wages as he chooses to
accept. This is one of the rights guaranteed to him by our
Declaration of Rights. It is a right of which the legislature
cannot deprive him, one which the law of no trades union can
take from him, and one which it is the bounden duty of the
courts to protect. The one most concerned in jealously
maintaining this freedom is the workman himself.[Footnote:
Erdman _v._ Mitchell, 207 Pennsylvania State Reports, 79;
56 Atlantic Reporter, 331.]
But, as already suggested in the preceding chapter, the judges
whose opinions have vitalized and enlarged our written law by
reading into it some new meaning or application have but echoed
the voice of the bar.
The greatest achievements of Marshall in this direction were
really but a statement of his approbation of positions laid down
before him by Daniel Webster. In the early stages of the
Dartmouth College case, when it was before the State courts in
New Hampshire, it was Webster and his associates, Jeremiah Mason
and Jeremiah Smith, both lawyers of the highest rank, who first
put forward the doctrine that the charter of a private
corporation was a contract; and when the cause came before the
Supreme Court of the United States it fell to the lot of Webster
to bring it to the attention of the great Chief
Justice.[Footnote: "Works of Daniel Webster," V, 497.] So in the
Florida case it was he, in supporting the cause of the prevailing
party, who suggested that the Territory of Florida, though owned
by the United States, was no part of them. "By the law of
England," he went on to say, "when possession is taken of
territories, the king, _Jure Corona_, has the power of
legislation until parliament shall interfere. Congress have the
_Jus Corona_ in this case, and Florida was to be governed by
Congress as she thought proper."[Footnote: American Insurance
Co. _v._ Canter, 1 Peters' Reports, 611, 538.]
This argument did not spend its force in its effect on Marshall.
When, after the lapse of two generations, greater problems of the
relations of the United States to territory newly acquired from
Spain arose, it was, as has been said above, made one of the
cornerstones of the opinion of the same court which determined
what they were.[Footnote: Downes _v._ Bidwell, 182 United
States Reports, 244, 265.]
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