Rufus Choate. one of the great and indispensable depart ments of government, as an instrumentality for the well-being and conservation of the State, " pro clientibus saepe; pro lege, pro republica semper." I regard the magnificent argument which he made on the judicial tenure in the Con stitutional Convention of 1853 as the greatest single service which he ever rendered to the profession, and to the Commonwealth, of which he was so proud. You will observe, if you read it, that it differs radically in kind, rather than in degree, from all his other speeches, arguments and addresses. Discarding all ornament, restraining with careful guard all tendency to flights of rhet oric, in clear and pellucid language, plain and unadorned, laying bare the very nerve of his thought, as if he were addressing, as no doubt he meant to address and convince, not alone his fellow delegates assembled in the convention, but the fishermen of Essex, the manufacturers of Worcester and Hamp den, and the farmers of Berkshire, aye, all the men and women of the Commonwealth, of that day and of all days to come, he pleads for the continuance of an appointed judiciary, and for the judicial tenure during good behavior, as the only safe foundations of justice and of liberty. He draws the picture of " a good judge profoundly learned in all the learning of the law;" "not merely upright and well intentioncd;" " but the man who will not respect persons in judgment;" standing only for justice, " though the thunder should light upon his brow," while he holds the balance even, to protect the humblest and most odi ous individual against all the powers and the people of the Commonwealth; and " possess ing at all times the perfect confidence of the community, that he bear not the sword in vain." He stands for the existing system which had been devised and handed down by the founders of the State, and appeals to its uniform success in producing just that kind of a judge; to the experience and
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example of England since 1688; to the Federal system which had furnished to the people of the Union such illustrious magis trates; and finally to the noble line of great and good judges who had from the begin ning presided in your courts. He then takes up and disposes of all objections and arguments drawn from other States, which had adopted an elective judiciary and shortened terms, and conclusively demon strates, that to abide by the existing Constitu tion of your judicial system, was the only way to secure to Massachusetts forever " a government of laws and not of men." It was on one of the red-letter days of my youth that I listened to that matchless argu ment, and when it ended, and the last echoes of his voice died away as he retired from the old Hall of the House of Representatives, leaning heavily upon the arm of Henry Wilson, all crumpled, dishevelled and ex hausted, I said to myself that some virtue had gone out of him — indeed some virtue did go out of him with every great effort — but that day it went to dignify and ennoble our profession, and to enrich and sustain the very marrow of the Commonwealth. If ever again that question should be raised within her borders, let that argument be read in every assembly, every church and every school-house. Let all the people hear it. It is as potent and unanswerable to-day, and will be for centuries to come, as it was nearly half a century ago when it fell from his lips. Cling to your ancient system, which has made your courts models of jurisprudence to all the world until this hour. Cling to it, and freedom shall reign here until the sun light shall melt this bronze, and justice shall be done in Massachusetts, though the skies fall. And now, in conclusion, let me speak of his patriotism. I have always believed that Mr. Webster, more than any other one man, was entitled to the credit of that grand and universal outburst of devotion, with which the whole North sprang to arms in defense
