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The militant suffragettes glorify lawlessness ; the nobleness of their aim justifies in their eyes the hopeless and perverse illegality of the means by which they hope to obtain votes for women . They were by the founders of the constitution intended to be what their name denotes , the persons who chose or selected the President ; the chief officer , in short , of the Republic was , according to the law , to be appointed under a system of double election . For servitudes , such as rights of way , light , and the like , form the chief class of prescriptive rights , and our law of servitudes is mainly Roman . General Scott and General Lee alike had been trained as officers of the American Army ; each was a Virginian ; each of them was determined from the outbreak of the Civil War to follow the dictates of his own conscience ; each was placed in a position as painful as could be occupied by a soldier of bravery and honour ; each was a victim of that double allegiance which is all but inherent in federalism . Now of these three propositions the substantial truth of the first and second must , in my judgment , be admitted . Because these minor strains and gradual wear and tear may not involve pain at the time the manual handling activity is carried out there is often the incorrect perception that these activities do n't involve any risk . Now my belief in the substantial truth of the first and the second of our three propositions makes it needless for me , at any rate for the purpose of this Introduction , to consider the reservations with which their absolute accuracy ought to be assumed .