University of Michigan Law School - Quad Yearbook (Ann Arbor, MI)

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them, this wealth would come back to them manyfold. This W2lS the general belief, and the legislature voted the permission. It was useless while the craze lasted to point out that the proposed work of internal improvement concerned large sections of country rather than the municipalities, and that a precedent was being set to which there could be no limit but the legislative discretion, the people were calling for the privilege to vote and no scheme seemed to absurd to find advocates. In general the Courts sustained the votes. They found them not forbidden in terms bythe State Con- stitutions, and applying the general rule that whatever is not for- bidden is within the competency of popular power, they felt them- selves bound to uphold them. But justice Campbell held that there were principles which in the case of municipal corporations limited them within bounds whichthese votes very plainly trans- gressed, and that no express inhibition was needful to deprive them of constitutional power. It was enough that they did not belong to the general grant of powers belonging to local governments. Upon this principle he stood, and upon this he felt that he had a right to stand, whatever might be the holding elsewhere. t Allusion has been made above to the connection of Professor Campbell with the Episcopal Church, but it should be added that there was nothing about it that was in any degree of a narrow, sec- tarian nature, or that was calculated to raise question whether those to whom we owe the foundation of our political institutions were in error in laying broad and deep the basis of religious liberty. There was nothing of bigotry in his nature, and the appeal to which he responded was- that which the Master and the Savior makes directly to the hearts of men. Every week when the day arrived which the Christian world has set apart as sacred, he was accus- tomed to meet with those of like faith in some gathering place appropriated for the purpose and with becoming reverence bow in worship before this Mystery of the universe. But he was every- where the Christian, not the Sectarian, and neither in his public nor his private life did he recognize distinctions which had been formally and with emphasis rejected by our fathers when framing their charters of government. I deem myself justihed in placing' some stress upon this at a time when the country of Washington, Franklin and Jefferson is made missionary ground for the promul- gation of a bigotry that seems to resemble rather what we might I D

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Fortune brought Professor Campbell to the bench at a time that cast upon him the necessity of passing opinions upon two questions of great difficulty and delicacy, which no doubt he would gladly have avoided had not necessity made it imperative that he speak. One of these concerned the right of the soldier righting the battles of his country in limits dominated by the rebellion to have a voice in the election of public ofhcers. The constitution of the State required that the ballots should be cast in the town- ships or ,wards of the elector's residence, but this had been adopted before the rebellion had broken out, and it was so manifestly wrong and unjust that absence from home exposing one's life to risk in defense of his country should be a reason for depriving him of suf- frage, that the legislature did not hesitate to declare that he should possess it, and sent special agents into the insurgent territory to collect and bring home the ballots. It was with great unwilling- ness that it was decided by the Court that these ballots could not be received. Nothing seemed to be plainer than that under a wholly unexpected contingency, 'the constitution of the State if strictly applied must prohibit what common justice demanded should be permitted, and the number was large who would have applied the maxim that Hamid wars laws are silent , and made even so vital a provision as that regulating the suffrage to stand aside before the existing emergency. But the law was plain and the judges would have been false to their oath of office if they had failed to apply it. Another case which came at an early day -before the Court was more difficult, because the rule of decision must .necessarily be found in general principles, upon which great differences of opin- ion had already been developed. A definite law had never been laid down in the State Constitution, and the time had come which with entire propriety might be called a craze, in which every little community, by the mere going through with the form of voting a tax, seemed to expect riches to flow in upon it and add greatly not only to the value of whatever they possessed but to the conven- iences and comforts of life also. This was to be done by voting aid in the construction of railroads. A madness seemed to have seized upon the people, every railroad that could be constructed was to be a source of wealth to the country it would serve, and if townships and counties could be allowed to vote taxes in aid of

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look for from the Turk than from the Christian, and what would call for the aid of the sword in its promulgation, rather than the doctrine of peace and good will. lt is true that the crusade is not ristian faith, but it is wholly directed at those who profess the Ch none the less detestable for that reason, our protest is against the chain with which it is proposed to bind the conscience, and the manner in which we would impose, at the opening of the twentieth century, restrictions upon the liberty we made so broad and invited hare with us when we first laid the foundation of the the world to s national life. The simplicity of childhood Professor Campbell retained in great measure to the last. He loved to witness and enjoy the sports of children, his fireside was the point to attraction, and his most agreeable companions were those whom for nurture and support. He which he felt most the Heavenly Father had given him counted upon the coming of the holidays, Christmas was always ff Merrie Christmas to him, he loved as the year rolled around to elebration of the nation's birthday, for to him niiicance to all the world, but he cared nothing for the processions,. parades, etc., He' was always awake to .mat- ' ' dthou h ters of public interest, but as a patriot, not as a partisan, an g he had never studied the legal system of any other country as he studied the common law of England, he had a general knowledge of they' civil law that enabled' him to appreciate its merits and on of such features as we have very slowly but very usefully been appropriating from the wisdom of those to whom the world is indebted for it. participatein the c it had deep sig assist in an intelligent applicati Blessed be his memory. . THOMAS M. COOLEY.