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Often appears with: crime and punishment · courts, trials, and pleading · justice as a virtue · forms of government · separation of powers and checks · contracts, oaths, and obligation · counsel and advisers to rulers · political legitimacy and consent · judicial independence · equity, mercy, and pardon · assemblies, councils, and senates · the nature and attributes of God
Usually: argument (100) · detachment (69) · injustice endured (29) · exhortation (26) · indignation (25) · skepticism (23) · narrative (20) · censure (15) · curiosity (13) · confronting death (9)
“It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.” Alexander Hamilton; John Jay; James Madison, The Federalist Papers · observation
“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.” Alexander Hamilton; John Jay; James Madison, The Federalist Papers · precept
“A POWER OVER A MAN’s SUBSISTENCE AMOUNTS TO A POWER OVER HIS WILL.” Alexander Hamilton; John Jay; James Madison, The Federalist Papers · insight
“The subterraneous prisons were abolished; and, upon a just complaint of intolerable treatment, the injured slave obtained either his deliverance, or a less cruel master.” Edward Gibbon, History of the Decline and Fall of the Roman Empire · observation
“Such was the end of a monster whose life disgraced human nature, and whose reign accused the patience of the Romans.” Edward Gibbon, History of the Decline and Fall of the Roman Empire · vivid
“The peace, the prosperity, and the very existence of the Union are vested in the hands of the seven judges.” Alexis de Tocqueville, Democracy in America — Volume 1 · vivid
“God sometimes guides those who govern in their judgments, even though they may be fools; besides he had himself heard the curate of his village mention just such another case, and he had so good a memory, that if it was not that he forgot everything he wished to remember, there would not be such a memory in all the island.” Miguel de Cervantes Saavedra, Don Quixote · insight
“The legislature of the United States will be OBLIGED, by this provision, once at least in every two years, to deliberate upon the propriety of keeping a military force on foot.” Alexander Hamilton; John Jay; James Madison, The Federalist Papers · insight
“In a monarchy it is an excellent barrier to the despotism of the prince; in a republic it is a no less excellent barrier to the encroachments and oppressions of the representative body.” Alexander Hamilton; John Jay; James Madison, The Federalist Papers · insight
“The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever.” Alexander Hamilton; John Jay; James Madison, The Federalist Papers · vivid
“In the general course of human nature, a power over a man's subsistence amounts to a power over his will.” Alexander Hamilton; John Jay; James Madison, The Federalist Papers · insight
“And we can never hope to see realized in practice, the complete separation of the judicial from the legislative power, in any system which leaves the former dependent for pecuniary resources on the occasional grants of the latter.” Alexander Hamilton; John Jay; James Madison, The Federalist Papers · insight
Pepys describes Bristoll’s formal impeachment of the Chancellor in the Lords with detailed articles of alleged treason, explains how the House orders legal opinions, and then discusses dock-building plans at Portsmouth’s creeks.
this Parliament, (which is likely to be adjourned in a day or two,) and in the mean time the two Lords to remain without prejudice done to either of them. 15th. Captain Grove come and dined with me. He told me of discourse very much to my honour, both as to my care and ability, happening at the Duke of Albemarle's table the other day, both from the Duke and the Duchesse themselves; and how I paid so much a year to…
Pepys records the judges ruling the Chancellor’s articles not treason, describes the King and Queen’s public ride while Castlemaine and Stewart’s appearances are commented on, and later notes the Lords’ vote to investigate the matter.
21st. This day the Parliament kept a fast for the present unseasonable weather. 22nd. To my Lord Crewe's. My Lord not being come home, I met and staid below with Captn. Ferrers, who was come to wait upon my Lady Jemimah to St. James's, she being one of the four ladies that hold up the mantle at the christening this afternoon of the Duke's child (a boy). In discourse of the ladies at Court, Captn. Ferrers tells me…
Pepys and other Navy commissioners answer Parliament on Medway and Chatham; he gives an account of office actions, criticizes Commissioner Pett’s confused defense, and worries about renewed attacks.
charged: but my heart is full of fear for him and his family. I hear that they do prosecute the business against my Lord Chief Justice Keeling with great severity. 22nd. Slept but ill all the last part of the night, for fear of this day's success in Parliament: therefore up, and all of us all the morning close, till almost two o'clock, collecting all we had to say and had done from the beginning, touching the safe…
Pepys is made captain of the King’s ship The Jerzy and will sit on a court-martial about The Defyance; he researches Navy rolls, dines, and begins shaping a Navy history from 1618–1642.
I have this day found, having got almost as much as I desire of the history of the Navy, from 1618 to 1642, when the King and Parliament fell out. 16th. Comes to me Mr. Evelyn of Deptford, a worthy good man, and dined with me (but a bad dinner): who is grieved for and speaks openly to me his thoughts of the times, and our ruin approaching; and all by the folly of the King. His business to me was about some ground…
Pepys receives the Duke of York’s and King’s approval for rest for his eyes; he also records court news of Captain Hubbert of the Milford being killed after refusing to strike to a French man-of-war, and describes harsh punishment of a Westminster justice for alleged misconduct.
20th. With my eyes mighty weary, and my head full of care how to get my accounts and business settled against my journey, home to supper, and to bed. 24th. To White Hall, where I attended the Duke of York, and was by him led to the King, who expressed great sense of my misfortune in my eyes, and concernment for their recovery; and accordingly signified, not only his assent to my desire therein, but; commanded me t…
The daughters of Zelaphead request land rights after their father dies without sons, leading Moses to receive God’s rule for inheritance, Joshua’s appointment, and Moses’ reminder of disobedience at Meribah.
And the daughters of Zelaphead the son of Heber the son of Gilead, the son of Machir the son of Manasse, of the kindreds of Manasse the son of Ioseph (whose names were Mahela, Noha, Hagla, Melcha and Thirza) came and stood before Moses and Eleazer the priest and before the lords and all the multitude in the door of the tabernacle of witness saying: our father died in the wilderness, and was not among the company of t…
Madison (in Federalist No. XXXVII) urges fair judgment of the Constitution, blaming human bias for unfair scrutiny, and explains why the convention’s work was exceptionally difficult and required compromise.
That this remaining task may be executed under impressions conducive to a just and fair result, some reflections must in this place be indulged, which candor previously suggests. It is a misfortune, inseparable from human affairs, that public measures are rarely investigated with that spirit of moderation which is essential to a just estimate of their real tendency to advance or obstruct the public good; and that th…
Madison argues that dividing authority between general and state governments is inherently hard due to the complexity of institutions and unclear legal boundaries, citing examples from Britain’s legislative and court systems.
part of their work, will better appear on a more accurate view of it. From the cursory view here taken, it must clearly appear to have been an arduous part. Not less arduous must have been the task of marking the proper line of partition between the authority of the general and that of the State governments. Every man will be sensible of this difficulty, in proportion as he has been accustomed to contemplate and dis…
Madison explains that the Constitution’s operation is mixed—treating states as political bodies in some controversies—while its extent is limited to enumerated objects, leaving residual sovereignty to the states.
so many distinct and coequal bodies politic. From this aspect of the government it appears to be of a mixed character, presenting at least as many FEDERAL as NATIONAL features. The difference between a federal and national government, as it relates to the OPERATION OF THE GOVERNMENT, is supposed to consist in this, that in the former the powers operate on the political bodies composing the Confederacy, in their poli…
Madison applies rules of legal interpretation to reconcile the convention’s commission: if a national government was the essential end, then authorized alterations and new provisions can change details without exceeding delegated power.
to frame a NATIONAL GOVERNMENT, adequate to the EXIGENCIES OF GOVERNMENT, and OF THE UNION; and to reduce the articles of Confederation into such form as to accomplish these purposes. There are two rules of construction, dictated by plain reason, as well as founded on legal axioms. The one is, that every part of the expression ought, if possible, to be allowed some meaning, and be made to conspire to some common end.…
He explains Montesquieu’s meaning: liberty is endangered only when one body exercises the whole legislative, executive, or judicial power, while partial influence and appointments can still exist without subverting free government.
“Were the power of judging joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control, for THE JUDGE would then be THE LEGISLATOR. Were it joined to the executive power, THE JUDGE might behave with all the violence of AN OPPRESSOR. “ Some of these reasons are more fully explained in other passages; but briefly stated as they are here, they sufficiently establish the meanin…
Hamilton transitions to the judiciary, defending federal judges serving during good behavior, arguing judicial independence protects liberty and that courts must prefer the Constitution over statutes.
We proceed now to an examination of the judiciary department of the proposed government. In unfolding the defects of the existing Confederation, the utility and necessity of a federal judicature have been clearly pointed out. It is the less necessary to recapitulate the considerations there urged, as the propriety of the institution in the abstract is not disputed; the only questions which have been raised being rel…
Hamilton argues that when statutes conflict with the Constitution, courts must follow the Constitution and use judgment rather than will, and that judicial independence protects both the Constitution and minority rights against popular legislative encroachments.
subordinate authority; and that accordingly, whenever a particular statute contravenes the Constitution, it will be the duty of the judicial tribunals to adhere to the latter and disregard the former. It can be of no weight to say that the courts, on the pretense of a repugnancy, may substitute their own pleasure to the constitutional intentions of the legislature. This might as well happen in the case of two contra…
Hamilton argues that life tenure best preserves judicial independence because a voluminous legal code requires specialized knowledge and integrity, and he points to Great Britain as an example supporting good-behavior tenure.
them for the special purpose, there would be too great a disposition to consult popularity, to justify a reliance that nothing would be consulted but the Constitution and the laws. There is yet a further and a weightier reason for the permanency of the judicial offices, which is deducible from the nature of the qualifications they require. It has been frequently remarked, with great propriety, that a voluminous code…
Hamilton explains that fixed, undiminished judicial salaries are necessary for independence, describes the constitutional compensation rule for U.S. judges, and adds that responsibility comes through impeachment rather than removals for incapacity.
To the People of the State of New York: Next to permanency in office, nothing can contribute more to the independence of the judges than a fixed provision for their support. The remark made in relation to the President is equally applicable here. In the general course of human nature, A POWER OVER A MAN’s SUBSISTENCE AMOUNTS TO A POWER OVER HIS WILL. And we can never hope to see realized in practice, the complete se…
He criticizes removing judges for inability by vague tests, discusses New York’s rule that no man may be a judge beyond age sixty, and argues that long-serving judges should not be dismissed for the supposed danger of senility.
point which is consistent with the necessary independence of the judicial character, and is the only one which we find in our own Constitution in respect to our own judges. The want of a provision for removing the judges on account of inability has been a subject of complaint. But all considerate men will be sensible that such a provision would either not be practiced upon or would be more liable to abuse than calcu…
He explains why the federal judiciary must prevent war-causing failures of justice, ensure uniform interpretation of national law, adjudicate foreign-party cases and state-vs-state controversies, and avoid bias by using a national tribunal.
which foreigners are parties, involve national questions, that it is by far most safe and most expedient to refer all those in which they are concerned to the national tribunals. The power of determining causes between two States, between one State and the citizens of another, and between the citizens of different States, is perhaps not less essential to the peace of the Union than that which has been just examined.…
Hamilton argues against a Supreme Court made up as a part of the legislature, claiming it would nearly violate separation of powers, fail to moderate bad laws, and risk faction and defective legal knowledge, so states should use independent judicial bodies.
the federal judicature which will not lie against the local judicatures in general, and which will not serve to condemn every constitution that attempts to set bounds to legislative discretion. But perhaps the force of the objection may be thought to consist in the particular organization of the Supreme Court; in its being composed of a distinct body of magistrates, instead of being one of the branches of the legisl…
He responds that legislatures cannot legally reverse judicial sentences but may set new rules for future cases, and he argues that judiciary encroachments are a phantom due to judicial weakness and impeachment checks, supporting the Senate as an impeachment tribunal.
constitutions of New Hampshire, Massachusetts, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia; and the preference which has been given to those models is highly to be commended. It is not true, in the second place, that the Parliament of Great Britain, or the legislatures of the particular States, can rectify the exceptionable decisions of their respective courts, in any othe…
Hamilton explains why the Constitution should authorize inferior federal courts instead of relying on state courts, arguing that local spirit and lack of independence would weaken national-law adjudication and create inconvenient appeals.
the national government to institute or AUTHORUZE, in each State or district of the United States, a tribunal competent to the determination of matters of national jurisdiction within its limits. But why, it is asked, might not the same purpose have been accomplished by the instrumentality of the State courts? This admits of different answers. Though the fitness and competency of those courts should be allowed in th…
He outlines the Supreme Court’s original jurisdiction over ambassador, public minister, consul, and cases where a state is a party, argues that states are not subject to individual suits without consent, then sets the general rule that other federal matters start in inferior courts with Supreme Court appeals.
order to it, it is necessary that the power of constituting inferior courts should exist in the full extent in which it is to be found in the proposed Constitution. These reasons seem sufficient to satisfy a candid mind, that the want of such a power would have been a great defect in the plan. Let us now examine in what manner the judicial authority is to be distributed between the supreme and the inferior courts of…
Hamilton argues that the Confederation’s lack of a national judiciary makes treaties ineffective, since their meaning must be fixed by a Supreme Tribunal to ensure uniform rulings and prevent conflicting state judgments.
nation, and was a principal cause that the most limited monarch in Europe, in a single day, without tumult, violence, or opposition, became one of the most absolute and uncontrolled. A circumstance which crowns the defects of the Confederation remains yet to be mentioned, the want of a judiciary power. Laws are a dead letter without courts to expound and define their true meaning and operation. The treaties of the U…
He argues that state rules saying standing armies should not be kept up without legislative consent are ambiguous or unnecessary, and that the Constitution’s two-year funding restriction is more effective.
to Pennsylvania, decide. What then (it may be asked) is the use of such a provision, if it cease to operate the moment there is an inclination to disregard it? Let us examine whether there be any comparison, in point of efficacy, between the provision alluded to and that which is contained in the new Constitution, for restraining the appropriations of money for military purposes to the period of two years. The forme…
He argues the Supreme Court is a poor substitute for the impeachment court because it would face issues of courage, public credibility, and double punishment by judges acting in both trials.
be likely to feel CONFIDENCE ENOUGH IN ITS OWN SITUATION, to preserve, unawed and uninfluenced, the necessary impartiality between an INDIVIDUAL accused, and the REPRESENTATIVES OF THE PEOPLE, HIS ACCUSERS? Could the Supreme Court have been relied upon as answering this description? It is much to be doubted, whether the members of that tribunal would at all times be endowed with so eminent a portion of fortitude, as…
It explains presidential nomination and Senate-confirmed appointment powers for judges and officers, contrasts these with the British “fountain of honor,” and compares them to New York’s small appointment council’s secrecy and governor’s influence.
a necessity of convening the legislature, or one of its branches, upon every arrival of a foreign minister, though it were merely to take the place of a departed predecessor. The President is to nominate, and, with the advice and consent of the Senate, to appoint ambassadors and other public ministers, judges of the Supreme Court, and in general all officers of the United States established by law, and whose appoint…
In Federalist No. 78, Hamilton begins on the judiciary, saying judges serve during good behavior, which limits both monarchical despotism and legislative encroachment and secures impartial law.
As to the tenure by which the judges are to hold their places; this chiefly concerns their duration in office; the provisions for their support; the precautions for their responsibility. According to the plan of the convention, all judges who may be appointed by the United States are to hold their offices during good behavior; which is conformable to the most approved of the State constitutions and among the rest, t…
Hamilton argues the judiciary is the weakest department because it has no sword or purse, yet its independence is essential in a limited constitution so courts can declare unconstitutional laws void.
this quality may therefore be justly regarded as an indispensable ingredient in its constitution, and, in a great measure, as the citadel of the public justice and the public security. The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain specified exceptions to the legislative authority; such, for inst…
He explains why courts need not be superior to the legislature to invalidate unconstitutional statutes, insisting the people’s constitution is supreme and courts should prefer it over statutes.
judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental. This exercise of judicial discretion, in determining between two contradictory laws, is exemplified in a familiar instance. It not uncommonly happens, that there are two statutes existing at one time, clashing in whole or in part with each o…
Hamilton argues that judges’ salaries must be fixed by constitutional rule to protect judicial independence, while allowing legislatures to adjust them without reducing any judge’s compensation during their tenure.
To the People of the State of New York: NEXT to permanency in office, nothing can contribute more to the independence of the judges than a fixed provision for their support. The remark made in relation to the President is equally applicable here. In the general course of human nature, a power over a man's subsistence amounts to a power over his will. And we can never hope to see realized in practice, the complete se…
Hamilton criticizes removing judges for “inability” as impractical and open to abuse, noting New York’s age-based rule (no judges beyond sixty) and arguing for safeguards grounded in human reality.
point which is consistent with the necessary independence of the judicial character, and is the only one which we find in our own Constitution in respect to our own judges. The want of a provision for removing the judges on account of inability has been a subject of complaint. But all considerate men will be sensible that such a provision would either not be practiced upon or would be more liable to abuse than calcu…
Hamilton defines the federal judiciary’s proper jurisdiction, including cases arising from federal laws, treaties, parties between states and citizens, foreign affairs, and maritime matters, where state courts may be biased.
originate on the high seas, and are of admiralty or maritime jurisdiction; and, lastly, to all those in which the State tribunals cannot be supposed to be impartial and unbiased. The first point depends upon this obvious consideration, that there ought always to be a constitutional method of giving efficacy to constitutional provisions. What, for instance, would avail restrictions on the authority of the State legis…
The text sets out scales of justice and recounts biblical-style exemplars—Moses, Aaron, Abraham, Lot, Noah, David, and Solomon—to prove monotheism and vindicate God’s judgments.
Yet if a breath of thy Lord's chastisement touch them, they will assuredly say, "Oh! woe to us! we have indeed been offenders." Just balances will we set up for the day of the resurrection, neither shall any soul be wronged in aught; though, were a work but the weight of a grain of mustard seed, we would bring it forth to be weighed: and our reckoning will suffice. We gave of old to Moses and Aaron the illumination…
The account shifts into city-by-city divine history: God sent apostles who were rejected, the righteous are judged by balanced deeds, Adam is created with angels prostrating except Iblis, and earlier nations are destroyed.
He shall say, "Enter ye into the Fire with the generations of Djinn and men who have preceded you. So oft as a fresh generation entereth, it shall curse its sister, until when they have all reached it, the last comers shall say to the former, 'O our Lord! these are they who led us astray: assign them therefore a double torment of the fire:"' He will say, "Ye shall all have double." But of this are ye ignorant. And t…
It includes the translator’s repeated authorship and psychology critique, then gives legal instructions for writing debts with witnesses, handling debts on journeys, and affirming belief in angels and scriptures.
Fear the day wherein ye shall return to God: then shall every soul be rewarded according to its desert, and none shall have injustice done to them. O ye who believe! when ye contract a debt (payable) at a fixed date, write it down, and let the notary faithfully note between you: and let not the notary refuse to note, even as God hath taught him; but let him note it down, and let him who oweth the debt dictate, and l…
SURA IV continues with religious purity requirements for prayer, critiques Jews altering scripture and mocking believers, forbids idol association, commands fair judgement and returning trusts, and stresses obedience to God and the apostle.
against these? On that day they who were Infidels and rebelled against the prophet, shall wish that the earth were levelled with them! But nothing shall they hide from God. O ye true believers,11 come not to prayer when ye are drunken, but wait till ye can understand what ye utter; nor when ye are polluted, unless ye be travelling on the road, until ye have washed you. If ye be sick, or on a journey, or have come fr…
He explains how slaveholders surveil enslaved people by reading facial expressions, using suspicion and torture to extract confessions, and how even prudence can arouse further suspicion.
my poor, tell tale face for the immoveable countenance of an Indian, for it was far from being proof against the daily, searching glances of those with whom I met. It is the interest and business of slaveholders to study human nature, with a view to practical results, and many of them attain astonishing proficiency in discerning the thoughts and emotions of slaves. They have to deal not with earth, wood, or stone, b…
Master Hugh takes Douglass to Esquire Watson to obtain warrants for the assailants, but Watson refuses without white witnesses, and Douglass notes that Baltimore’s laws and morals offer no protection to Black people.
and occasion for the manifestation, once more, of the orignally(sic) characteristic kindness of my mistress. Her affectionate heart was not yet dead, though much hardened by time and by circumstances. As for Master Hugh’s part, as I have said, he was furious about it; and he gave expression to his fury in the usual forms of speech in that locality. He poured curses on the heads of the whole ship yard company, and sw…
Caius targets laws against Marcus Octavius and Popilius’s banishment of Tiberius allies, withdraws the Octavius measure at Cornelia’s request, praises her publicly, and proposes major democratizing reforms including judicial authority.
incapable of bearing any office afterwards; the second, that if any magistrate condemn a Roman to be banished, without a legal trial, the people be authorized to take cognizance thereof. One of these laws was manifestly leveled at Marcus Octavius, who, at the instigation of Tiberius, had been deprived of his tribuneship. The other touched Popilius, who, in his praetorship, had banished all Tiberius's friends; where…
Paine finishes by mocking the peace commissioners who missed their proclaimed deadline, then he criticizes their proclamation as exceeding an Act of Parliament and warns Sir Harry Clinton to heed the constitutional limits.
opposed a nation that domineered over half the globe. The greatness of the deed demands respect; and though you may feel resentment, you are compelled both to wonder and admire. Here I rest my arguments and finish my address. Such as it is, it is a gift, and you are welcome. It was always my design to dedicate a Crisis to you, when the time should come that would properly make it a Crisis; and when, likewise, I shou…
Paine says Burke shows no compassion for prisoners confined in miserable prisons, then promises an account of events before the Bastille’s fall to reveal hostile plotting against the Revolution.
excess on others, it is difficult not to believe that Mr. Burke is sorry, extremely sorry, that arbitrary power, the power of the Pope and the Bastille, are pulled down. Not one glance of compassion, not one commiserating reflection that I can find throughout his book, has he bestowed on those who lingered out the most wretched of lives, a life without hope in the most miserable of prisons. It is painful to behold a…
Sancho orders the stick used in the oath brought back, has it handed over, and then breaks it in court to reveal the hidden ten gold crowns, concluding that even fools can judge well under God’s guidance.
and he himself must have forgotten when and how he had given him back the crowns; and that from that time forth he would make no further demand upon him. The debtor took his stick again, and bowing his head left the court. Observing this, and how, without another word, he made off, and observing too the resignation of the plaintiff, Sancho buried his head in his bosom and remained for a short space in deep thought, …
The viceroy of the city interrogates the brigantine rais and is moved to spare her because of her beauty, ordering execution suspended while she explains her identity and life story.
“How so?” returned the viceroy. “Because,” said the general, “against all law, reason, and usages of war they have killed on my hands two of the best soldiers on board these galleys, and I have sworn to hang every man that I have taken, but above all this youth who is the rais of the brigantine,” and he pointed to him as he stood with his hands already bound and the rope round his neck, ready for death. The viceroy…
After Heliodorus dies, Valens publicly humiliates consular nobles at his funeral, then paradoxically praises or protects others, including pardoning the tribune Pollentianus despite confessed atrocities.
humiliated, especially some of consular dignity, after all their truncheons and robes of honour, and all the worldly parade of having their names recorded in the annals of their nation. 16. Among them all, our friend Hypatius was most conspicuous, recommended as he was to every one by the beauty of the virtues which he had practised from his youth; being a man of quiet and gentle wisdom, preserving an undeviating ho…
In 710–735 the chronicle continues with bishops, battles, and deaths, including Guthlac, Ina and Cynewulf, the succession of Northumbrian kings, and a final note of eclipses and the deaths of Tatwine and Bede.
of his life. The same year died Bishop Wilferth, at Oundle, but his body was carried to Ripon. He was the bishop whom King Everth compelled to go to Rome. A.D. 710. This year Acca, priest of Wilferth, succeeded to the bishopric that Wilferth ere held; and Alderman Bertfrith fought with the Picts between Heugh and Carau. Ina also, and Nun his relative, fought with Grant, king of the Welsh; and the same year Hibbald…
This passage repeats that private jurisdiction over slaves was ended, subterranean prisons were abolished, and an enslaved person could gain deliverance or a less cruel master after a complaint to magistrates.
to the magistrates alone. The subterraneous prisons were abolished; and, upon a just complaint of intolerable treatment, the injured slave obtained either his deliverance, or a less cruel master. 50 451 (return) [ It was this which rendered the wars so sanguinary, and the battles so obstinate. The immortal Robertson, in an excellent discourse on the state of the world at the period of the establish…
A conspiracy against Caracalla grows after a prophecy reaches Rome and is reported back from Syria; Caracalla travels on a pilgrimage near Carrhae, where Martialis stabs him, and the soldiers push for divine honors.
both in confounding this donative on discharge with the annual pay, and in not paying attention to the remark of Valois on the transposition of the numbers in the text.—G] It was impossible that such a character, and such conduct as that of Caracalla, could inspire either love or esteem; but as long as his vices were beneficial to the armies, he was secure from the danger of rebellion. A secret con…
Most provincial magistrates and governors showed moderation toward accused Christians—dismissing charges, suggesting legal escape, or using milder punishments—though execution was sometimes used against both high-ranking and socially marginal believers.
authority of the emperor, or of the senate, and to whose hands alone the jurisdiction of life and death was intrusted, behaved like men of polished manners and liberal education, who respected the rules of justice, and who were conversant with the precepts of philosophy. They frequently declined the odious task of persecution, dismissed the charge with contempt, or suggested to the…
About a year after Cyprian is first apprehended, proconsul Galerius Maximus receives authority to execute Christians; Cyprian briefly considers flight, returns, is tried, refuses sacrifice, and is condemned to beheaded death.
had sold those gardens for the benefit of the poor. The indulgence of God (most probably the liberality of some Christian friend) restored them to Cyprian. See Pontius, c. 15.] At length, exactly one year 85 after Cyprian was first apprehended, Galerius Maximus, proconsul of Africa, received the Imperial warrant for the execution of the Christian teachers. The bishop of Carthage was sensible that h…
Gibbon describes how Latin clergy gained independent jurisdiction and privileges: bishops are tried by peers through synods, clerical cases are handled by church courts, sanctuary is extended to churches, and bishops mediate protection.
videtur dudum sanctio repulsisse. Cod. Theod. l. xvi. tit. ii. leg. 15. Had the synod of Rimini carried this point, such practical merit might have atoned for some speculative heresies.] IV. The Latin clergy, who erected their tribunal on the ruins of the civil and common law, have modestly accepted, as the gift of Constantine, 110 the independent jurisdiction, which was the fruit of time, of accident, and of their …
Gibbon continues discussing episcopal moral and judicial power, arguing that Christian penance becomes canonical law and that bishops can excommunicate even powerful officials while protecting against public scandal.
that M. de Montesquieu, who was a lawyer as well as a philosopher, should allege this edict of Constantine (Esprit des Loix, l. xxix. c. 16) without intimating any suspicion.] 111 (return) [ The subject of ecclesiastical jurisdiction has been involved in a mist of passion, of prejudice, and of interest. Two of the fairest books which have fallen into my hands, are the Institutes of Canon Law, by the Abbé de Fleury, …
Constantius slowly and carefully orchestrates Athanasius’s condemnation: the synod of Tyre is treated as legally unresolved, so he delays until Latin concurrence at Arles and Milan with hundreds of bishops and political bribery.
Athanas. tom. i. p. 861. Theodoret, l. ii. c. 16. The emperor declared that he was more desirous to subdue Athanasius, than he had been to vanquish Magnentius or Sylvanus.] If the emperor had capriciously decreed the death of the most eminent and virtuous citizen of the republic, the cruel order would have been executed without hesitation, by the ministers of open violence or of specious injustice.…
Engels criticizes official Factory Report reasoning that blames workers for accidents, arguing instead that negligence ultimately lies with manufacturers and should bring lifelong support for victims and their families.
the doctor, or, in very exceptional cases, he may pay wages during treatment; what becomes of the operative afterwards, in case he cannot work, is no concern of the employer. The Factory Report says on this subject, that employers must be made responsible for all cases, since children cannot take care, and adults will take care in their own interest. But the gentlemen who write the report are bourgeois, and so they…
Burke turns to a proposed set of repeals for punitive American legislation and argues that reconciliation requires ending measures like the Boston Port Bill while protecting colonial assemblies and judges.
supplying the exigencies of the state without wounding the prejudices of the people. Neither is it true that the body so qualified, and having that competence, had neglected the duty. The question now, on all this accumulated matter, is: whether you will choose to abide by a profitable experience, or a mischievous theory; whether you choose to build on imagination, or fact; whether you prefer enjoyment, or hope; sat…
Tocqueville describes the English-inspired Justice of the Peace in America, appointed by the Massachusetts governor for seven-year terms, and the Court of Sessions that meets twice yearly to enforce obedience of public officers.
be in the exact ratio of the extension of elective offices: if these two institutions do not go hand in hand, the State must fall into anarchy or into subjection. It has always been remarked that habits of legal business do not render men apt to the exercise of administrative authority. The Americans have borrowed from the English, their fathers, the idea of an institution which is unknown upon the continent of Euro…
He explains the creation of a federal judiciary: a Supreme Court centered all Union judicial authority, with inferior district and circuit courts, and judges appointed by the President with Senate advice.
State can subsist when its fundamental laws may be subjected to four-and-twenty different interpretations at the same time is to advance a proposition alike contrary to reason and to experience. The American legislators therefore agreed to create a federal judiciary power to apply the laws of the Union, and to determine certain questions affecting general interests, which were carefully determined beforehand. The en…
Tocqueville reasons that when federal laws are attacked or invoked in self-defense, federal courts must hear the case, because the Union within its sphere forms one people and therefore deserves courts of its own.
Two examples will put the intention of the legislator in the clearest light: The Constitution prohibits the States from making laws on the value and circulation of money: If, notwithstanding this prohibition, a State passes a law of this kind, with which the interested parties refuse to comply because it is contrary to the Constitution, the case must come before a Federal court, because it arises under the laws of t…
Tocqueville explains procedure and enforcement: federal courts are made to act against private individuals rather than directly against states; when states violate Union law, the Supreme Court enervates but does not destroy provincial laws.
Procedure Of The Federal Courts Natural weakness of the judiciary power in confederations—Legislators ought to strive as much as possible to bring private individuals, and not States, before the Federal Courts—How the Americans have succeeded in this—Direct prosecution of private individuals in the Federal Courts—Indirect prosecution of the States which violate the laws of the Union—The decrees of the Supreme Court …
He describes enforcement when the Union is not the prosecutor, preferring indirect remedies that attack a state law’s consequences rather than confronting it as open hostility, and notes cases with states as parties.
k [ See Chapter VI. on “Judicial Power in America.”] It may be conceived that, in the case under consideration, the Union might have used the State before a Federal court, which would have annulled the act, and by this means it would have adopted a natural course of proceeding; but the judicial power would have been placed in open hostility to the State, and it was desirable to avoid this predicament as much as poss…
Tocqueville concludes by emphasizing the extraordinary political and judicial power of the Supreme Court, arguing that it safeguards the Union’s peace and can prevent anarchy or civil war if composed of prudent judges.
liberties of the people: but no European nation has at present held that all judicial controversies, without regard to their origin, can be decided by the judges of common law. In America this theory has been actually put in practice, and the Supreme Court of the United States is the sole tribunal of the nation. Its power extends to all the cases arising under laws and treaties made by the executive and legislative …
Tocqueville warns that if the U.S. Supreme Court is staffed by imprudent or corrupt citizens, the Union could face anarchy or civil war, though the deeper risk lies in federal-state incentives.
its decision by changing its members. But if the Supreme Court is ever composed of imprudent men or bad citizens, the Union may be plunged into anarchy or civil war. The real cause of this danger, however, does not lie in the constitution of the tribunal, but in the very nature of Federal Governments. We have observed that in confederate peoples it is especially necessary to consolidate the judicial authority, becau…