Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1843-09-07
WHOLE No. 100.

WiSidN's anu CdpiictS. ~, bo " no
ever did do wrong Tor moment, il was
because he was innoc emily inisled by this
~ that In sc friend and bad adviser, who
has sqnAlidered his money, or dsparaged
his wisdom, and must be put away.
Never was there sovereign more
couriltr-iidden than ours, more easily
duped by batteries, or intoxicated by the
sweets OF power and the pride of domin-
ION. Our public men, and would;bc pub
lie men, are of the gems Courtier, to ns
great extent as any set of men thai ever
surrounded an absolute throne and they
do-as why should they not ?-corrupt
the sovereign as much, and do no much
10 blind him To his faults, aud Ia make
hun reckless aud concerted lyrani. A
demoralized sovereign must be as perm
clous here as elsew here.
The downfall Oh liberty and iha decline
Of states has generally beet brought
about by the sovereigi's gradually en-
crossing into his own hands all the pow
els oi the state, and ruling with the un-
restrained sway of pure despoiisIn. That
sovereign may be an arislociacy, as IN
Venice, and IN Rome at one period or
an individual man, as 10 France before
the frs. revolution or the mass of The
people, Ms IN France after that revolution,
and IN some al the states of ancient
Greece [; in either and every case Of un-
restrained, unbalanced power, whether
of monarchy, an aristocracy, or de-
mocracy, no matter which, the liberty
and safety OF the individual and The good
order oi the state have been the sacri-
flee.
Our fathers seem 10 have understood
perfectly this fearful lesson OF history,
and, IN establishing a republic and franz
ing our system Of polity, they appear 10
have been as anxious 10 guard agalns, an
unmlIIga'ed democracy as against an IN.
m'lIgated monarchy they desi gned ihe
one ~ little as the other (; they designed
neither They placed The sovereignty
IN lis most rightluI and proper de16situry,
the people but they We're careful to set
up all the checks against its despot,sni
that were compatible with such a SOW
ereigniy they desired to have, and hey
provided, AS many guards as possible
against the ambition, the rdshness, the
vndiciiveness, the destructiveness of ex-
cited numbers, victorious maJorilies, aud
headlong party. -''''
This Is not the place, and am not The
person, 10 show in detail how wisely our
iathers managed this matter, teaching
the young sovereign that he must sci and
maintain salulary restraints upon himself,
and keep himself from doing wrong IN
The coming day Of his pride and passion.
VIII only refer TO one OF these checks,
the Judicial system. Here il one
great branch OF power, the administration
oi Justice, taken away from the sovereign,
removed AS far as possible from his con.
troll, not intended TO be subject TO any vote
OF his, he himself even being made
amenable To It's decisions. Our fathers
designed that the rampan, monarch, the
mayor party OF the day, should never as
sumo, nor indirectly approach, this de-
partnent OF government, the judiciary.
Ihey put The appointing and the reIpov-
ing power oI this branch, as far as possi-
BILE, out OF The reach of party cabal and
popular caprice, that il might be as much
as possible independent OF the sovereign,
q barrier between the monarch, Majori-
y, and the individual subject. Expe-
renee has proved how wise they we're
he Judiciary has been Unapproachably
he highest ~ character, the purest IN ia
administration, of all the departments Of
he government. UnnHuenced by par
y spIrit, uncontrolled by this or that rul-
10 faction, not obliged to court The smiles
md bespeak the sweet voices ofihe tickle
II has stood aloof aud incor-
upt, - independent in It's dignilied and
'ene eficent function. IL has ieurlessly
ssertcd the majesty Of law. 1t stands
II Its place, the calm and passionless or
.an ol individual right aud e,erpaI Justice,
he curb Of the strong, the delepce of the
weak, and the impartial guardian of all,
iere, as everywhere, where its indie
u endence Is secured, It is the bulwark of
berty against the encroachments OF ar
iirary power; IN lis lnsidIous prelensions,
r ITS open VIOLENCE.
This provision for an independent Judi
iary, as well as many others, shows that
ur fathers dreaded and would avert
espoiism, that is, concentrated power,
neither lodged in king or multitude.
They never designed an unmxed de-
nocracv. But here, as everywhere, the
.raspipg sovereign makes constant cilors
iter absolute power. II is ever of tho
aiure OF a sovereign 10 do ~. Tie al.
'ays chaies at the restraints put upon
i'm. Now conflicting parties contend
hich shall best secure and deserve the
anne OF Democracy end WHICHEVER can
'ost firmly fix the title on jis banners is
early sure oi triumph. Here, as every
here, whoever can most 0aiier and
Salt the sovereign, and raise him INTO
nienefed absoluiIoD, will, of cou Sc,
~ his smiles aud sii at his right hand.
nd meu seem TO be seeking how they
lnll outdo one another IN professions of
nlimird loyalty To the monarch, and
Ive ireest play to his passions and his
H.
The present stage Of our history is
rongly marked by the iendencyio make
"a sovereign, Majority, absolute aud
,feiiered ~ his sway. just So ~ The
'l,uy days OF The Caesars, all Rome was
nd ylng ways to explt The emp.rdr,s