The mountain sentinel. [volume] (Ebensburg, Pa.) 1844-1853, 1851-04-10
EBENsBURG, THURSDAY. APRIL 10, 1851


choosing, for ten and fifteen years. umpires
with power, which if abused, will enable
them to turn other mems cattle into our
fields and stack yards; and after our bod
les are covered up with the soil enriched
by our sweat may consign the heritage of
our children with the buried bones of their
fathers, to the possession of strangers.
Happily, in this country, the masses Of
society do not appreciate the vast power
lodged in the breasts of the judges. The
Jury trial is considered the bulwark Of the
peoples rights, and SO il is; and yet the
iaU comes from the court; juries some
times differ with the court, but their ver-
diets are often moulded 10 render them
conformable and if this is impossible,
new trial. is matter of "discretion."- -
If Judges would systematically and fire.
quently exercise the powers they possess
in a acro1g direction, people would soon
come to understand the extent of these
powers, and feel the importance of COM
mitting them TO the hands of men capable,
honest and impartial.
Under our common law, the Judicial
function is, 10 some extent. The legisla-
tive decisions of the highest court, wheth-
er right or wrong, constitute the Supreme
law of the land, liable il is true, 10 be
modified and changed by legislative au-
ihoriiy, within certain limits, prescribed
by the constitution, but these notifications
and changes and the constitution itself are
subject TO the Interpretation of the court,
and are scarcely possessed of the vitality
oil laws until they have received judicial
construction. Even the ultimate decisions
of the Supreme Court are not according
10 the law Of the Medes and Persisns,
which altereth not" but may be and
sometimes are, "over-ruled" ard reversed
by the court itself. So that il is not im-
possible for radical, incompetent or cor
rupt Judge, 10 lay hold of very slight
shade Of difference in The facts and cir
cumsiances of a case, TO do great wrong
in his judgment, without any yer, giaring
or fragrant violation Of The principles OF
law, any manifest and pa! !pasle tsssar-
patton OF power.
The Judiciary is sometimes spoken of
as The weakest branch of the govern
ment,' this is strictly true in despotic
countries bur hardly true of ours, where
the Executive and Legislative departments
are hampered and restrained by written
constitutional laws, OF which the Judiciary
is sole expounder, and where the La,U is
recognized and admitted as supreme over
all branches of the government. Should
a conflict ever arise 10 test their relative
strength, 1t would probably be found that
the only efiectual remedies for an usurping
Judiciary are precisely then applicable TO
usurpalIon, by the other branches-iEa-
parchment TeUoitaionS. So long as
the bench is occupied by men of the right
kInd-the Judiciary, as representing the
majesty Of taU-will exercise more
commanding influence over community
OF freemen Than all other representations
OF the people combined.
If the experiment we are about making
does moi result In the elevation to the
bench OF the tight kind of men, it will be
a failure, the evil effects of which we and
our children will have to endure for ten
and fifteen years at the shortest. We
cannot correct The mistake next year or in
two or three years,as happens in the case
oil members OF the legislature, congress
men, county and state officers. Ample
time we shall have for repentance but
none ior reformation. Let US therefore,
make up our judgments beforehand as 10
the sort of candidates we ought to have,
and be careful that others of different
stamp are not thrust upon us unawares.
LII theory there cannot be much diversity
OF opinion on this point. A Judge should
be man OF undouoted legal learning, for
how shall he rightly administer the laws
who does not know and comprehend them
-oi at least moderate abilities as a speak
er, that ne may inteligibly expound and
with promptness and facility, apply the
principles OF law TO each particular case
as II comes before him :-temperate, eau
tious, patient and impartial, that he NAV
not compromise his own dignity and bring
diseredIt on the court by unbecomins ex.
hibi'ions OF passion, precipitancy, petu-
lence and partizanship-of integrity un-
imPeached and in manners kind and cour-
teous, that ne may inspire confidence and
respect for his individual character as a
man, no less than for his official position
as a Judge. caro-.
Pll.sburg, March 81, 1851.