Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-09-30
rRon ruR AUGUSTA cunos1cLn.

longer than we could have wished.
FROM THE AUGUSTA CHRONICLE.
judicial decisions not generally proper subject
for popular review While confne themselves to
their appropriate sphere and simply adudicate legal
points presented the question how far their decisions
are right be fully understood and appreciated only
by professional men; and appeal against them to
popular opinion is hardly more reasonable than would
be similar appeal from Bowdtch or La Place on
question in the higher branches Of mathematics But
when Judge, in pronouncng judicial opinion, leaves
the before Kim and INDUCES in apotcal harangue
to excite the preudccs and appeal to the passions Of his
hearers presents fairer mark f6r criticism.
The Supreme Court Of Georgia. after long and ardu
struggle established for hepurpose Of bringing
light of darkness and order Of judicial chaos
mot deserving the OF system" The Judges first
elected undertook their Herculean task with zeal and
industry worthy of all praise The legal merits of their
decisions do not already remarked admit of discus
sion here but it is not too much to say that while in
the of labor which they forced to per-
form in given time uniform accuracy would be literally
miraculous, their efforts, whole, have been general
ly acceptable TO the bar and the public and the uni
formiy beginning to appear in Judicial proceedings
vastly oyerbalances any evil from their mistaken deci
sons Such being the fact the Court is entitled great
Indulgence for any oversight redundance crudy bad
to forbearance even towards judicial officer.
This Court intended to be- ought to be, above
the influence Of party upon the obvious principle that
the administration of justice between and
rests grounds far higher than those merely political
The danger of contrary doctrine is We'll illustrated in
the brief judicial of the only Judge who has
been placed on our Supreme bench party man
Judge BENNIsG first toek his seat ut Savannah in jan
nary last At that term argued and de-
cded and reported in Cobbs fourteenth volume The
first six Of these occupy orne pages Of the report
the otherPddsford Fey Co. The Mayor and Alder
Of SauaanaAoccupes eighty tco pages. OF these,
ten at the utmost relate the question directly before
the Court two three mere matter Of recital and
the remaining sixty seventy devoted to declama-
tory harangue about State sovereignty and strict
structon The apology for this judicial rant (t is
disrespect to give it its only proper nancy is that the
plaintiffs in rested their case mainly on decision
OF the Supreme Court of the United States reported in
IL Hhcaton-the of Brosoa Tie SAFE Of Nary
land. Now, our Supreme Court was unanimous in the
opinion that, admitting that decision to be correct the
Judgment in the before them must be affirmed (p
445 This decision do not propose controvert* II
Judge Benning had stopped here all would have been
well; and here he ought have stopped for he knows
ms every lawyer does that beyond the point ia question
judicial opinion is of authory-a o6ier die
faan oppression Of Impression, and often very loose
mt that Why then, go beyond this point? The rights
OF the parties settled and the end.
But," says the Judge p 445, speaking for myself,
am not willing to let the decision rest this ground
alone" What better ground could he have? The plain
ls in error say t'We rest the decision in
Brotrn vs. Maryland" The Court unanimously reply,
. Bropa Maryland does not sustain you. That ends
the matter and there The Court SUCH leave it. But
the Judgs is satisfied kill the plaintiffs case 1t must
be buried past resurrection. He holds only that
Bro1ra MARYLAND docs not sustain the plaintiff bat
that it sustain itselfit is not law and he goes
through sixty mortal pages to attack this all
its bearings. This is ell mere ob dctuthc only prac
teal result of which is every purchaser of Cobbs
Reports about fifty cents for much extra printing.
judicial opinion it certainly cannot be styled without
perverson Of language which the respect due to
high judicial officer will hardly excuse 1t is party
harangue and by of the higher ORDER State
Sovereignty strict construction the old federal party SC
in short, talk, de omnibus rebus q,a6asdam aiis
The Judge sets out with denying that decision of
the Supreme Court of the United States is binding pre-
cedent for this Court sAnd," says he 81 prefer too
to put the decision upon the Constitution ITSELF as un-
derstand the Constitution, rather than upon any dec
is understand the Constitution The adoption of this
rule Of construction by Gen. Jackson President raised
storm of indignation that but jackson could
have faced The avownl of it by Senator from Massa
chusetts in debate slavery brought upon him
series of rebukes that would have crushed the mpu
dence out Of any man but braZen-faced aboitonst;
and prominent among his reprovers that distinguish
ed friend OF State rights and strict construction Judge
BUTLER Of South Carolina. And yet Judge Of SUI
prone Court this the rule he follows in deibe
rate opinion officially reported! 1t must be conceded
that his honor perfectly consistent carrying out his
rule of construction for he holds that decision or any
constitutional question has any authority precedent
Up 5lS Nothing, then, be settled in reference
70 our fundamental law for not only may the Judge of
to-day oyerrule the one Of yesterday but he may today
ove-rule his opinion Of yesterday and thus our
stutional rights to vbrate with the changing opn-
ions OF the men who decide upon them they under
stand them at the moment Of decision This is the ar
gument dd c6surdu but its practical tendencies are far
worse than its palpab.e absurdity Let Northern
brethren adopt this principle and by what tenure do you
hold your slavesY recent decision Of the Supreme
Court of Wisconsin answer.
In expoundng the Constitution "ns be understands
it, o. as he understood last January Judge BEN
ming tells that the Supreme Court Of the United States
"cannct make precedent for the Supreme Court of
Georgia. Up 506) Having gotten himself fairly out Of
the record it would have been we'll travel little fur
Their and tell what the Supreme Court of the United
States do for admitting all his positions that high
tribunal has very little authority left.
This opinion % contains about y-fve pages Of solid
matter togrophicauy sod) to establish by history and
Argument the doctrine Of strict construction do not