A PRAYER FROM A JUDGE
There a few who become judges rather early. There are many more who assume the high office in their late 40’s and early 50’s. No one has however, assumed office for the first time and that too from the bar, in their early 60’s. An exception to this rule is Chief Justice Edward G. Ryan. He is not a name unknown to the Indian judiciary. His words have been quoted by several judges of the Supreme Court and the high court’s in their reply to the welcome addresses and in their judgments.
This judge is famous in his adopted country, the United States of America. He was born in Ireland, now partly in the United Kingdom on 13th of November 1810. At the age of 32, he moved to the United States of America. Within a short span of four years, he established himself as one of the most successful lawyers there. He played multiple roles as a lawyer, politician, writer, Editor of a newspaper and speaker. The reports of Courts in Wisconsin court, now available on the internet, show him of having appeared on important commercial and constitutional matters. A couple of the cases he dealt with are note worthy.
In 1854, He prosecuted the Anti-slavery leader or abolitionist, Sherman M. Booth. The charge for the prosecution was that he had helped slaves to break away from the master and therefore, violated the Fugitive Slaves Law. Byron Paine, another eminent lawyer, who went on to become a judge of the second most powerful court in the world, Supreme Court of United States, represented Booth. From the sweep of powers exercised and the range of judgments delivered, from Cattle trespass act to intricate constitutional law questions, there can be no challenge to the declaration that the most powerful court across the world is the Supreme Court of India. Legal history and contemporary constitutional documents do not show any other court exercising the same power. It is the only court across the world, which selects its members and those of the high courts. It is because that the court is the most powerful court that it assumed that power. The only check on this power seems to be the age of its incumbents, which, providentially, as on today, is determined by powers not amenable to that Court.
In 1855, Edward Ryan represented Coles Bashford in the famous Bashford v. Barstow, 4 Wisconsin 567 (1856) case. It was a case when a writ of quo warranto was sought for not by a private party but by the Attorney General of the State itself. The Supreme Court removed the governor from office when it was demonstrated to it that the election was vitiated by Fraud.
Being up on law, having earned powerful personalities as his clients and in addition, being the founder of the Chicago Tribune, Edward Ryan challenged another tall leader, Abraham Lincoln. He could not win the battle and consequently, sent to political oblivion.
He could not tolerate the suspension of the writ of habeas corpus by the Lincoln and sending the citizens to military tribunals for trial. He labelled military trial by civilians as “utter imbecility” founded on “moral incapacity” History has shown that if not for those actions of Lincoln, a concept of bill of rights would have never emerged in his country. Nonetheless, the courage of Edward Ryan can be seen for having stood against any form of state limitation on the citizen’s powers. During the court of arguments in a case, he called Lincoln as an Irresponsible despot and accused him of having unleashed a reign of terror.
In one of his speeches, he said
Those who support censorship claim that the administration and government are one and the same—to attack Lincoln is to attack the Constitution—but they are mistaken. “We claim the right as free and loyal American citizens, to discuss the conduct of the administration, and to censure it when we deem it worthy of censure. Our fathers won and established this right, and we will not surrender it. We utterly deny to the Executive of the United States the power assumed by Congress in the sedition act of 1798 to suppress opposition to the Administration, or restrict the full freedom of political discussion in the loyal states. This would be to assume a power above the Constitution. The administration has no more power to suspend the Constitution, than have the people. The administration is the child of the Constitution, and the servant of the people.
We deny the power of the executive to trammel the freedom of press by the suppression of newspapers. The press is juridicially responsible for abuses; but the freedom of the press, subject to judicial remedies, is essential to the freedom of the people. And we protest against the manifest partiality with which this new and dangerous power is exercised.”
A statement that is little understood and hardly applied even by today’s constitutional standards. Unfortunately, for Ryan, Lincoln won. The victory for civil rights was a financial loss of Ryan. With irascible temper and Lincoln as his enemy, Ryan soon fell into penury. It must have been tough indeed, for Ryan had gone through a second marriage and had fathered seven children. His temper was so famous that it was referred in his reference too. A Senator called Vilas, in a eulogy, said:
"Ryan’s temper made him terrible to his friends as well as his enemies; tyrannical, perhaps sometimes cruel . . . violent and hostile where he should have been friendly”
A few years later, in 1874, when the post of the chief justice of the Supreme Court fell vacant in Wisconsin, he was noticed and elected to that office. By that time, he had lived a full life and was aged 64 years. Edward Ryan was the chief justice for mere 6 years but in that short period he had established himself a scholar on the bench, a rare combination indeed. Ryan had his share of eccentricities and idiosyncrasies. His work and knowledge were so vast and deep that they were overlooked.
Justice John B. Winslow, a legal historian wrote
Chief Justice Edward Ryan not only dispelled the doubts which followed his appointment but added vastly to the standing and prestige of (the) Court . . . His opinions on great questions left a monument to his memory more enduring than brass or marble
As a lawyer and politician, he was despised for his temper. As a judge, he was transformed. An associate judge of his court, Justice Orsamus Cole said
While engaged in the labour of considering and deciding causes, the deportment of the chief justice towards his associates was uniformly kind, respectful and courteous. No irritating word, no offensive language, fell from his lips while thus employed . . . he listened with attention to whatever anyone had to say adverse to his views and often came to their conclusion when it seemed supported by the better reason or authority".
Curiously enough, whenever the work of an eminent judge is to be described, these meaning conveyed by these words are used. The speeches describing the judicial times of Tiruvarur Muthuswamy Iyer, Suliman, Vivian Bose, M.C. Chagla, and Hidayatullah are more or less in the same tone and warmth. Perchance, all of them have discovered a golden thread during their times on the bench.
On 14th of October of 1880, he sent word to his colleagues that he felt ill and passed away on 19th of October 1880.
While searching through his papers, a paper on which his daily prayer was written was found. If there can be immortality, the words have achieved them.
"0 God of all truth, knowledge and judgment, without whom nothing is true or wise or just, look down with mercy upon Thy servants whom Thou sufferest to sit in earthly seats of judgment to administer Thy justice to Thy people. Enlighten their ignorance and inspire them with Thy judgments. Grant them grace truly and impartially to administer Thy justice and to maintain Thy truth to the glory of Thy name. And of Thy infinite mercy so direct and dispose my heart that I may this day fulfill all my duty in Thy fear, and fall into no error of judgment.
Give me grace to hear patiently, to consider diligently, to understand rightly and to decide justly. Grant me due sense of humility, that I be not misled by my willfullness, vanity or egotism.
Of myself I humbly acknowledge my own unfitness and unworthiness in Thy sight, and without Thy gracious guidance I can do nothing right. Have mercy upon me a poor, weak, frail sinner, groping in the dark; and give me grace so to judge others now, that I may not myself be judged when Thou comest to judge the world with Thy truth. Grant my prayer I beseech Thee for the love of Thy Son, our Savior, Jesus Christ. Amen.
Would you not agree the Almighty is yet to fulfil Edward Ryan’s prayers?
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