From the Address before the Cambridge Law School, 1845

Something such has, in all the past periods of our history, been one of

the functions of the American bar. To vindicate the true interpretation

of the charters of the colonies, to advise what forms of polity, what

systems of jurisprudence, what degree and what mode of liberty these

charters permitted,--to detect and expose that long succession of

infringement which grew at last to the Stamp Act and Tea Tax, and

compelled us to turn from broken charters to national independence,--to

conduct the transcendent controversy which preceded the Revolution, that

grand appeal to the reason of civilization,--this was the work of our

first generation of lawyers: to construct the American constitutions:

the higher praise of the second generation. I claim it in part for the

sobriety and learning of the American bar; for the professional instinct

towards the past; for the professional appreciation of order, forms,

obedience, restraints; for the more than professional, the profound and

wide intimacy with the history of all liberty, classical, mediaeval, and

above all, of English liberty,--I claim it in part for the American bar

that, springing into existence by revolution,--revolution, which more

than anything and all things lacerates and discomposes the popular

mind,--justifying that revolution only on a strong principle of natural

right, with not one single element or agent of monarchy or aristocracy

on our soil or in our blood,--I claim it for the bar that the

constitutions of America so nobly closed the series of our victories!

These constitutions owe to the bar more than their terse and exact

expression and systematic arrangements: they owe to it in part, too,

their elements of permanence; their felicitous reconciliation of

universal and intense liberty with forms to enshrine and regulations to

restrain it; their Anglo-Saxon sobriety and gravity conveyed in the

genuine idiom, suggestive of the grandest civil achievements of that

unequaled race. To interpret these constitutions, to administer and

maintain them, this is the office of our age of the profession. Herein

have we somewhat wherein to glory; hereby we come into the class and

share in the dignity of founders of States, of restorers of States, of

preservers of States.

I said and I repeat that while lawyers, and because we are lawyers, we

are statesmen. We are by profession statesmen. And who may measure the

value of this department of public duty? Doubtless in statesmanship

there are many mansions, and large variety of conspicuous service.

Doubtless to have wisely decided the question of war or peace,--to have

adjusted by a skillful negotiation a thousand miles of unsettled

boundary-line,--to have laid the corner-stone of some vast policy

whereby the currency is corrected, the finances enriched, the measure of

industrial fame filled,--are large achievements. And yet I do not know

that I can point to one achievement of this department of American

statesmanship which can take rank for its consequences of good above

that single decision of the Supreme Court which adjudged that an act of

legislature contrary to the Constitution is void, and that the judicial

department is clothed with the power to ascertain the repugnancy and to

pronounce the legal conclusion. That the framers of the Constitution

intended this should be so is certain; but to have asserted it against

the Congress and the Executive,--to have vindicated it by that easy yet

adamantine demonstration than which the reasonings of the mathematics

show nothing surer,--to have inscribed this vast truth of conservatism

on the public mind, so that no demagogue, not in the last stage of

intoxication, denies it,--this is an achievement of statesmanship of

which a thousand years may not exhaust or reveal all the good.

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