Justice Souter and Poetry by Algernon Swinburne

Earlier this month Justice David Souter stepped down as a 3rd Circuit Court Appeals Judge (each Supreme Court Associate Justice also is a member of a Circuit Court) earlier this month. At a farewell speech he decided to give lawyers and judges for that Circuit a bit of wisdom. Quoting from Algernon Charles Swinburne that “Such fruit as men reap from spent hours and wear.” From the Article, Souter said he asked himself, “What are the fruits that I have reaped?”

It is now the eve of Justice Souter’s planned retirement from the Supreme Court. President Obama is expected to nominate his replacement sometime later this week. More from the poetry mentioned in his speech below.

Such fruit as men reap from spent hours and wear,
Few men, but happy; of whom be thou, O son,
Happiest, if thou submit thy soul to fate,
And set thine eyes and heart on hopes high-born
And divine deeds and abstinence divine.
So shalt thou be toward all men all thy days
As light and might communicable, and burn
From heaven among the stars above the hours,
And break not as a man breaks nor burn down:
For to whom other of all heroic names
Have the gods given his life in hand as thine?
And gloriously hast thou lived, and made thy life
To me that bare thee and to all men born
Thankworthy, a praise for ever; and hast won fame
When wild wars broke all round thy father’s house,
And the mad people of windy mountain ways
Laid spears against us like a sea, and all
Aetolia thundered with Thessalian hoofs;
Yet these, as wind baffles the foam, and beats
Straight back the relaxed ripple, didst thou break
And loosen all their lances, till undone
And man from man they fell; for ye twain stood
God against god, Ares and Artemis,
And thou the mightier; wherefore she unleashed
A sharp-toothed curse thou too shalt overcome;
For in the greener blossom of thy life
Ere the full blade caught flower, and when time gave
Respite, thou didst not slacken soul nor sleep,
But with great hand and heart seek praise of men
Out of sharp straits and many a grievous thing,
Seeing the strange foam of undivided seas
On channels never sailed in, and by shores
Where the old winds cease not blowing, and all the night
Thunders, and day is no delight to men.

Excerpt from Atalanta in Calydon published in 1865.