Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1856-01-21
JUdiciaI Legislation.

which is understood to be broached in the
Legislature, OF referring the question OF the
constitutionality Of the Personal Liberty law
to the Judges of the Supreme Court. and bas-
ing its action upon their decision. Now
such mode of procedure is manifestly in OPP
position to a just construction OF the relative
powers and duties of the Legislature and Jul
dietary, as defined by the Constitution, which
declares
aIn the government Of this Common
wealth, the legislative department shall never
exercise the executive and judicial powers or
either of them; the executive snail never eA-
ercise the legislative and Judicial powers OF
either of them; the Judicial sra" "eesf e''et-
case the legislative and erecatsee po'oerS " %
ther of them; to the end that At may DC go0-
ernnsent of laos Gad not Of men.
tits thus seen, that the Judicial department
of the government is not more independent
Of the legislative or the executive, than is the
legislative, of either of the others. Each de-
partment is constituted to move in its partic-
ular sphere, aud to be unbiased in its action,
BY the action of either Of its coordinate
departments. 1t would not be whit more
absurd tor Chief Justice Shaw, before pro-
nouncing sentence of death upon criminal,
in full compliance with the statutes, 60 ascer-
tain.of the Governor or the Legislature their
opinion of the prisoners guilt or Innocence,
than il would be for the members of the Leg
islature, before taking action upon measure
fraught with vast consequence to the lives
or liberties of their fellow citizens, to sub
NIT the question to the Jud ges for their opin-
ion of its propriety or constitutionality. Such
a system Of Judicial legislation will not go
down with the people.
Let the members Of the present Legislature
act upon the question Of the Personal Liberty
Law of the last session, entirely upon their
o.cn opinions of its merits, independent OF any
other branch of the government, as it was de-
signed by the Constitution they should do
Then, granting that the Supreme Court is to
be the final arbiter of the constitutionality OF
all legislative acts, that judicial function can
be exercised only within certain well-dehned
and legally settled limits. And those limits
are, to cases actually arising and properly COM
no before the Court under such statutes, and
after full argument. Any other mode would
manifestly be conflict Of one department Of
the government, legally distinct with an
other. The Boston Telegraph wen says on
this point;
Inc passage OF every statue lH .,l q
islature that it is constitutional. That dec
laration is taken to be true by every depart
ment of the government and by every officer
OF the government, untll me JUDGES q the
soiamnlS Sao;de ,,,as ) oass aot,,9Ih, as.is;go
under tie ia,o, and after an opportunity for
full argument, that the Legislature Is mista-
Aen We Jay y uomn &c c ..us mnt NJ Ao
will contrcpert that The justices of the Su-
preme Court of Massachusetts hare no aathori-
ysVe" 1en' oy .e oo"Ss't@I'o''' aMe oss'..ses'
nj an Inn ,,yoe,l, rcssed 5v he ie0sszat,,re.
except while sitting on the bench upon an ac-
tual case, and after an opportunity Tor argu-
el. nis 1919 GO. y, Sors -
yravs rsf,ssd r. Eli ,,non bvno,bet;csl cases On
decide points of law, which mry arise, but
have not yet arisen. They have always said,
ana t,uly' tnat tney were appointed 10 10 .he
iaosI on;n; a,, ~ snv bndy whose curiosity
might prompt him to ask them"
Asit is understood that the opinion Of the
Judges of the Supreme Court, from their de-
cision on the Fugitive Slave Act, would be
adverse to the constitutionality of the Personal
Liberty Law, and as the proposition to sub
init the matter to them comes from those who
wish to have this statute erased, but fear the
present legislature will not repeal it. this
proposition cannot be locked upon as any.
thing but desperate game of the minions Of
he slave power to get rid of an obnoxious
statute. If they are SO anxious for its era
sure, let them proceed in a regular and con-
stitutional manner. Let these distressed
friends of the " peculiar institution conspire
to arrest some-poor. friendless negro. suspect.
cd of being on his way from the land of whips
and chains to the freedom of A monarchy
and, as thew are so Datyiotie. let them throw
tner own personal services into the breach,
ana oio oenance 70 state law IN their eager
desire 70 Illuminate themselves oy iuil com"
phahce win the requisluons oil an ihhuman''
unconstitutional enactment oil Congress In
TINS way oy 'hus Voiuntariy going counter
70 tns laws OIL the commonwealth ana SUD-
Jecslng themselves 70 us penaires, can tney
Drihg the matter before the state Court, and