Atrocious Judges : Lives of Judges Infamous as Tools of Tyrants and Instruments of Oppression. John Campbell

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the absolute necessity of trusting “the courts” in these matters, and of relying upon their “mercy.” See, in the Appendix, No. 3, the opinion of the Supreme Court of Pennsylvania, as delivered by Judge Black, of which the insolent conclusion was evidently borrowed from the above opinion of Chief Justice Hyde. —Ed.

43

This celebrated lawyer, who had succeeded Fleming as chief justice of the King’s Bench, had been, as well as Crewe, turned out of office after holding the place for three years, because he would not allow the government to interfere with his administration of justice. He was now the leader of the popular party in the House of Commons. —Ed.

44

We have had recent striking instances in America of the same thing in some of the “misconstructions” placed by judges on the laws in restraint of drunkenness and liquor selling. —Ed.

45

Like those given by several federal judges in support of the fugitive slave act. —Ed.

46

Noy had begun, like Brampston, a flaming patriot, but, like him and so many other lawyers, had been bought over to the side of power by the hope of promotion, and being made attorney general, had advised the issue of the writs for ship money. —Ed.

47

Cro. Car. 403. These forms are no longer used. The chief justice is now sworn in privately before the chancellor; and without any speechifying he enters the court and takes his place on the bench with the other judges. But in Scotland they still subject the new judge to trials of his sufficiency; while these are going on he is called lord probationer; and he might undoubtedly be plucked if the court should think fit.

48

This is exactly the sort of judges from whom we in America have so much to fear. —Ed.

49

We have seen in America similar attempts to stop counsel from exposing the unsoundness of judicial opinions given in support of the fugitive slave act. —Ed.

50

This is the very doctrine lately revived, in a little different shape, by some of our American divines – that whatsoever the legislative power in its conscience thinks it may require, we ought to yield. —Ed.

51

Some of our American federal judges are in the habit of declaiming much in the same style against abolitionists – who, indeed, may be considered as occupying a position in our present affairs in many respects parallel to that of the English Puritans in the times of Charles I. —Ed.

52

Having once refused to hear counsel against ship money, he now undertook to square the account by refusing to hear counsel for it. —Ed.

53

See life of Hyde, ante, p. 97.

54

This supposed inability of the king to do wrong has in America among a certain class been transferred to the federal government, which represents the royal authority of the English. —Ed.

55

2 Bl. Com. 69. Compulsory knighthood was abolished by the Long Parliament, 16 Car. I. c. 20.