The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-08-29
Assaults upon me Judicaaxy-Ths Deciine Of
Public Morals.

Assaulss upon me JudSeaaxy-1he Uooune OF
Public Morals.
Day by day the infamous schemes Of the
aegro worshippers ore unfolded. After at
tempting to poison every other fountain of
healthful administration after having seduced
the ministry from the affairs Of religion, and
prostituted their sacred calling to the inhdel
designs of political suicides and madmen--
they turn their iendish eyes upon the federal
and State judiciary as the last bulwark Of
order and law to be demolished. The great
purpose of the anarchists is made apparent
it is to reduce the compound scheme Of eur
political system into q theocratc despotisna-
to remove the checks and balances which now
regulate and prescribe the powers of federal
and State fcnctionaries, ard to substitute in
their place The epidemic ethics and devices OF
abolitienisn 1t is we'll IN such times to recU,
to the past
It hos been so often repeated that there is
tendency in the general government to
strengthen its powers at the expense OF the
States and the people, that very many goodrlen
have comets regard every exercise OF author
ity by the oficals.of the former with distrust
and suspicion. 1t is undoubtedly true that
under every other political system the central
government has gradually, uut certainly, as
suned sovereign and absolute authority.
France crosse from the conditional union OF
number OF dukedoms and principalities, but in
process Of time all power was consolidated in
Paris; and such is the history of almost every
people who have undertaken to maintain
governments on the assumption that sovereign
ty exists in the rulers and net in the masses,
When we severed our connection with Great
Britain we reversed this doctrine of sovereign
ty, and established a government Of limited
powers which could only be exercised in ODE
dience to written constitution. 1t is possible
that in the trial OF this experiment the general
government, thus authorized to act for tie
States and the people, may have assumed, in
some instances, the exercise of power not dele
gated to it, But it is evident, by every days
observation, that encroachments upon the
established order of things come not from the
federal but the State capitals. The constitu-
ton Of the United States is the subject Of
habtual derision and violation. Its power to
sustain itself as federal ordinance, and
within the sphere OF its rightful authority, is
put to the test almost daily. The danger is
not that it will invade the sane tuaries of State
sovereignty and trample on individual rights,
but that twill lose its legitimate authority,
and becore the instrument and the tool OF
factions
Two Of the three chief departments of the
general government are made directly respon-
sible to the people. The executive aud the
Legislature are the creations of the ballot
boxes. The authority of each is surrendered
at short intervals to the people. They are the
objects of political lust and ambition, which
have already degraded their character and
weakened their usefulness.
The judiciary-the third department--was
| created upon a more permanent basis, was en-
tirely disconnected from therecurring elections,
and placed in less dependence upon the popu-
| lar mind. This was done on account Of the pc
culiar nature and duties Of the Office which
| demanded the highest qualifications and integ-
rity in its incumbents, and, above all things,
independence Of the intrigues and manage
mcnts inseparable from an elective system.
So far, the judgment which dictated such a
tenure and construction of the national Judi
ciary, alike irresponsible to the power appoint
ing and the people of whose interests it is the
constitutional guardian and arbiter, has been
fnlly sustained and justified.
The States, in the early days of the republic,
constructed their political systems after the
model Of the federal government. Within a
short period, many of them have so modified
their constitutions as to make the judiciary an
elective Office, like that Of the Governor
and Legislature. There were many who
questioned the propriety Of this change,
and predicted from its operations the
| most fatal effects upon the integrity and
stability of the public administration. But
there was an abiding conviction that in this
country the nearer the officer was brought to
his constituents the more likely would he be
faithful in the discharge of his public duties.
The argument was specious, IL not correct. So
far, nothing has occurred to impeach its accu'
racy, its justice, or its practical efficacy Po
litical parties, impressed with the sanctty Of
the judiciary, while wrangling for power made
their selections for judicial stations without re-
gard to party aflinities. But, as General Cass
says, strange doctrines are abroad, and
strange organizations are employed to promul-
gate and enforce them. Our political history
contains no such chapter in the progress Of our
country as that which is now opening
Having assaulted the citadel of the public
libcrtes-thc constitution Of the United States
and trampled under foot its solemn cove
nants, by authority Of State legislation, the
Stewards and Garrsons Of the day have opened
their batteries upon the federal and State ia.
dietary. Judge Kane, Of Philadelphia, for
discharging an obvious legal duty-for uphold
ing the constitutional rights of citizen OF
slave State-is assailed by all the weapons Of
abuse and intimidation. His Office is declared
to be that of a "slave-catcher,n the soul OF
tyranny "the instrument of the slave oil