Page:The Green Bag (1889–1914), Volume 04.pdf/94

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The Supreme Court of Georgia.

77

"No man on earth knows enough at any given the offer is accepted. The counterfeit coin which hour to qualify him to be a judge of the Supreme passes as genuine is none the less counterfeit Court of Georgia. Such, at least, is my opinion. because he who offers and he who takes it both 1 have long since proved that I have never known believe it to be good money. The great security enough at any one time to suffice for the duties for honest argument is honest thinking. And one

of a single day. Every day I needed more knowl essential of honesty is accuracy, at least in those edge than I had, and every day I acquired more. minds which are capable of accuracy. Perhaps Only by so doing could I meet and discharge the there are some which are incapable of it, but of demands made upon me by current business. An this I am not certain. inventory of my permanent outfit for .judicial "It is incumbent upon every mind that thinks with a view to argument functions would show the following particulars : or discussion, whether in the field of morals, poli First, a clear and impres tics, theology, legislation, sive realization of my own law, or general science, ignorance, along with an to be perpetually on its alert faculty for distin guard against self-decep guishing between what tion. Only by so doing I know and what I do can it shun fraudulent not know; secondly, a negligence, though it may fair acquaintance with not intend to commit the general principles of fraud in fact. As to the law; thirdly, the power latter kind of fraud, there — partly natural and ought to be no doubt of partly acquired — to dis its turpitude. To steal a criminate between true conclusion and profit by law and most of the counterfeits or imitations it to another's injury of it; and fourthly, a should be regarded as no determination to ascer less forbidden in the court tain, if possible, the true ofconscience than tosteal law of each case, at any an article of property. cost of care and labor. A larceny committed by "With an outfit so false logic or florid rheto restricted as this I have ric, used intentionally to found it practicable to mislead, deserves rebuke turn off judicial product of quite as much as would SAMUEL l.l'Ml'KIN. an average quality, though a false reckoning in cast on a few occasions I ing up an account, and have had to hire help by the day's work, at an thus producing a false balance by design. Fairexpense of more than half my per diem. ' To thy mindedness, honest thought and its honest utter self be true ' has its first and deepest application ance, without the petty pride that too often to the processes of our thinking; to the discipline, attends exceptional frankness, would, if generally scrutiny, and analysis of our thoughts. He who prevalent, contribute more than all other forces to is unfair in dealing with his own mind unfits him the discovery and dissemination of truth. I speak self for fair dealing with other minds. In conse not of an absent virtue, but of one which has al quence of having committed actual fraud upon ways been in the world. It prevails widely, but it himself, he attempts to commit constructive fraud ought to be universal." on all to whom his arguments are addressed. He The concluding; paragraph of the following need not mean or intend to deceive. — for one who offers the fruits of self-deception to others, though dissertation on " Doubt " probably expresses ever so honestly, attempts unwittingly to deceive a state of mind not uncommon in the theo by the very offer; and he does deceive by it if logical ferment of our times: —