Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1854-03-22
FOR THE ADVERTISER.
Division, of Edgeield,-Wo. ".

by hlmSelf, or ny the agency oi CourlS. Wnen
the individual applies it To himself, by obeying
it, which is the general rule he is still, in great
measure, dependant on Courts and their con-
somilan,s for the means of doing it. But when
he admits the law and denies the Etcts, or nd
urts the facts and denies the law, applicable 10
his rights, il then becomes n case of litigation
and he is pholly dependant on Courts for 4
remedy. Twill attempt TO >ubstaniiatc these
two propositions in the reverse order of stating
thcn Every law passed by tine Legislature
operates equally throughout the State as a
whole, but its operation is general, and not
special, because: the forcible application Of law,
10 particular individual must DC determined by
= Judge The Legislative department of the
Government commands indiffcrently all persons
of the same political community, while the Ju-
dicial department acts only on'Singie individuals.
So far az the adminstratiiomof justice Is con-
rsrned even the Executive department, whether
represented by Governor, Sheriff. Constable,
or other Officer, is utterly Poweress tu enforce
a right, or redress wrong, without IN express
order from Judge, and yet no Judge can exc
cute even his own DEGREES. The s1me law eX-
lists every where in the State according TO the
theory of our Constitution, but thu authority
which enforces it, exists only pasSively and with
out being perceived, until individual rights are
contested so as to warrant the interference OF
tribunal. And though ali forcibe administra-
lion Of the law in respect to private persons IS
deposited with the Judiciary, still no Judge can
pronounce upon n Statute without applying it
10 particular case. Judicial power then, is by
lis very nature, devoid of action. because it must
10 appealed to, before any binding result of the
law cnn be produced. 1t is always ready 10
punish criminal, redress n wrong, or Interpret
an Act ut the request of an injured person, but
it would be i Spanish Inquislion, instead of
Republican Court, if it were TO pursue criminals.
hunt out wrongs, or examine into evidence OF its
own accord. / repeat that neither the Legisla-
iure, the Executive, nor the whole body of pr-
vale citizens can determine particular indi-
vidu,l case to which any law shall be applied
This il the Office of Judge and Jury only, who
stand beiusen every individual and the law.
The most di!bolical deed may be committed
and thousands may clamor against the delay of
Justice, but the law, in America ut least, stands
stock still, until it is set in motion by n Court,
which must decide whether the otfend:r or his
property shall be dealt with according TO the
Statute or not. private citizen may and must
start the Court. but that majestic giant called law
sleeps as calmly 50 helpless babe, until he is
aroused into an avenging fury it may be, Mt The
bidding of simple Magistrate, or even an hum
ble Judge Of Ordinary. But of course the tribu-
mails of higher jurisdiction are more frequently
appealed to for the redress of private grievances.
lfany Que doubts the correctness of the PROPOSE
,ion, that all law is administered by the Courts
in this country, let him answer the following in
terrngalory. 'Whence comes every process
that affects The rights of your person. or your
proprrty If not from the Courts p'
!. In support Of the first proposition, that even
the means of peacefully applying thelaw to'ones
self is. in great degree, incdrntaF to Courts, it
may be said that no man is willing to abide by
the law in particular case until he knows what
the law is, aud that he rannot learn il any where
else half so well rs iu Court room. 1t is an
easy matter 10 remember 4 law that We ourselves
have assisted to n,ake-one which has been dis
cus<cd in our hearing ut the Hastings, and en-
acted in part by our own votes ut the balut-boy,
but the great body of the law comes down to
us as n legacy from our ancestors. 1t Is the ac-
cumulated wisdom of all ages, collected from
the experience of all mankind, and can only be
learned practically by Witnessing its frequent
application in judicial forum 10 the multitude
MUS rights of every individual in sncieiy. But
few men who are not lawyers by profession, ever
read much law, and yet no man can approach
clear comprehension Of the Government under
which he lives, or of the lights which are guar
aniied 10 him asa citizen unless he possess
general knowledge of the constitution, laws and
customs Of his country. Aud rs the great mass
of our people have neither the books nor the
leisure, tasie and education necessary to read
them undurstandiy, they must become students
Of observation and conversation, TO acquire this
general knowledge Of the practical operation
uf their constitution and laws.
The much lauded Oral System" is indeed the
only system for, impariing 10 the people this
kind of knowledge, but not so for iustructing
illen, in the other vastly rich and inrxhanslable
stores nf information. The Court House is to
America what the s' Market place" WAS To glo-
rious Greece and noblc-Rume. 1t is our only
College in which the rich and otherwise educated,
IN well aS the poor and iliilcr,te can learn even
impcrfrclly, the rights and p.aclical duties of Il
citizen rs determined by the law. 1t is in truth
n Temple Of Justice where law, the omnipo,eut
Empress of America. is worshprd. Where IN
invisible but inyircible power cumpels the re-
frsctory 10 do right, and speaking through the
mouth Of 4 Judge, teaches the requisite Informal
lion As well ia the wholesome example Of rolun-
tary obedience to her mandates.
Tie law is equally binding upon both the
peaccabe and the iisious members Of society.
After one of the former class has long been ap
attentive spectator and d6cie pupil in The Court.
OF JUSTICE he will often have OCCASION 10 seek ad-
di!ionsl information aud aid from Il Lawyer, who
is but 8 ninOr Judge All the Attorneys and
other subordinate officials, who are hourly dis
penning justice without suits, in ninc.tenths of
ihe cases thst arise under law are component
parts Of Court, and generally take up their
residence ut the same place with The Court. This
requires innumeraDle visits 10 The Court House,
on peaceful errands, especially when lak.n in
zcunneclion with the fact that all the written con-
4 tracts between parties all the nunmcntS Of
title to land and other property; all the evidence
4 OF lien upon estates all the securities of sue
cesson TO property, and in short, almost The ell
4 tire recorded history Of governmental adminis,ra-
Elton, whether Judicial or Executive, are 10 be
3found in Courts, and under the care and prO,rc-
Aiion of their officers 1t must therefore be rs
dclear rs Il noon dav sun, that the two adninisra-
ative branches of the Government, which are at
4 once the shield and sword of every man, have
8 no head quarters save in Court House-that
the pcaceabc or litgious citizen is alike depen-
adant on Courts and their cuncomitants for the
means of enjoying the blessings of law and that
she Court House of every District is as much
the only place for administering the law to the
slsobedient or disobedent inhabitants of such Dis
<trict, rs Columbia is the only pnce for ntakin9
pho law for the whole State. This applies with
peculiar force to South Carolina, where our nu-
$nerous Magistrates have a-civil jurisdiction of
pnly "Twcn,y Dollars" and the mere initiative
sssbbf criminal proceedings. And where the judi
ial Office is very enormously, rs think, repuscd
In the hands of but fec men, who ALWAYS hold