In November, 1897, when evil forebodings were everywhere hovering about,
Mark Mishler, a robust, big-hearted, good-natured lawyer, sat one day in
his office at Springfield, Ill. He had just been beaten in a case he had
tried before the Supreme Court because the law on which he based the
case was declared by the Court to be unconstitutional. He never was mad;
his good soul would not let him; but if ever he was perplexed it was
now. His mind reverted to the Constitution of the State. He read it
over, as he had done many times before, but now he took a special
interest in reviewing it. As he read and reread he said to himself:
“Thank God! There is one thing bigger than a Court—that is the
Constitution, and the people are above that yet. They make the
Constitution itself. It ought to have more laws embodied in it, and this
one should have been a part of it.”
And as he thought on, his mind reverted to the Constitution of the
United States. He turned to it and scanned it over for the first time in
many years, perhaps since he was a law student. He had little practice
in the United States Courts, and had had no occasion to read it. After
he had finished he leaned back in his chair in a meditative mood, saying
to himself: “There is the foundation of all our institutions, State and
National. That was the beginning. It was the corner-stone of the
Republic, and on it all that is good in this country is based.”
He thought on, and added to himself: “And all that is evil, then, must
likewise find its basis there.”
The very thought surprised him. In deep meditation, and with strange,
unaccountable feelings, he continued until he read the article
recognizing human slavery, and declaring the slave trade should not be
prohibited before the year 1808. He always knew that, yet he could
hardly believe his eyes. He read on till he came to the amendment
freeing the slaves, adopted nearly three-quarters of a century
afterward.
“Well,” he gasped, almost aloud, “I knew that; I helped pass that very
amendment freeing the slaves and, as we were charged at the time,
‘confiscating millions of dollars’ worth of property.’ But lawyer as I
am, with twenty-five years of practice, I never thought but Lincoln’s
proclamation freed the slaves.”
He dropped back in his chair, lost for half an hour in silent study. As
he sat, entirely consumed in his own thought, his very countenance
unconsciously brightened. His heart grew light. His eyes beamed within
him. He felt a sort of inspiration. A new idea, and a happy one indeed,
sprang like an angel of light into his mind.
Public-domain text, read in full here on John Shaqi.
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