Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1856-01-25

l. % b. found IN ne organic law, ju'
dieInI discretion l. Isf' rs tho only a.
nal arbiief.
Cd. ny the forms ofour institution.
y law. No appeal exists from The deei-
sion. Of the courts. but 10 the cum
brous and tedious redress 10 be found
In = change Of tho constitution II
the Legislature errs. We may appeal
10 lheeourta IAN Independent, Judi
clary. = writes Chancellor Kent, "ven'
cradle BY u. gravity. is dignity. and
wiadom. and celebrating with entire
serenity and moderation. IL peculiar
y iIllsd iof the exalted duty Of en-
pounding the constitution. and trying
che validity Of statutes by that stand.
ard" Com. $40. Bat where such
courts do not exist. no redress can be
found but In . wholesome public opin'
lon. tho only check known 10 our the
DRY Of laws. upon ''the sure and silent
ususpAtions" Ola debased judlsiary.- -
One Of tho most accurate ard intelli-
gent observers who has aver recorded
hts opinions Of the workings Of our
complex system. thus writes Of
American Judges: "Their power Is
enormous, but il is clothed in the au-
ihorisy ofpublie opinion. They are
all-powefful guardians Of a people
which respects law; but they would be
impofenf egainss popular neglect or
popular contempt. The force Of popu-
lar opinion Is the most intraciable Of
agents. because It's exact limits can not
be defined. And II Is not less danger
Gus 10 exceed, than to remain below
the boundary prescribed" Democracy
IN Ameriea, ! Vol. 100.
Sd. Because the coars themselves
recognize the principle. that they are
not to interfere with the Legislative al
thority. excepsia a clear case; and
devolve upon him who insists that an
enactment Is not constitutional, the bur-
den Of showing its defects. "Tho ques-
ton. whether law be void for its re-
pugnancy to the constitution, is. at al
times. question Of much delicacy,
which ought seldom. if ever to be! de.
cided in the affirmative. in doubtful
case. The court. when impelled BY
duty TO render judgement. would BE-
unworthy Of its station, could II be un.
mindful Of the solemn obligations
which that station imposes. But i
is not on slight implication and vague
conjecture, that the Legislature is t.
be pronounced to have transcribed
its powers. and its acts to be consider
ed as void. The opposition between
the Constitution and the law should
be such that TIE judge feelsa strong
conviction Of their incompatibility
with each other" Per c.. J. Marshall
Fletcher .. Peck s. Cranch, 81,
Judge Reid solemnly arraigns the
prohibitory features Of the liquor law
and pronounces them to be void, up
on two grounds: LIST, Because. ithay
ing been decided that the prohibition
upon manufacture is void, tie right 4
sell follows as an incident to the right 4
manufacture; upon principles, as tn
Judge argues, analogous to those de
cided in the Supreme Court OF tn
United States, in BrOson .. The Stat
of Aaryland;; and ed, because thes
acts of prohibition do not recognize
the manhood Of man." which is, w
suppose. philosophical. rather thai
Judicial, way of stating the objection
that they deprive the citizen Of Ger
tain natural rights. which he enjoye'
before any constitution, and Of whicl
no such instrument can deprive him
The right to sell follows as an Incl
dent. when we concede the right Il
manufacture. Admit it. and wha
then? Does it follow that he VIII
manufactures may sell without limit
or restraint. at all times, in all places
and to all persons? That he may sci
for all purposes, as well for thos'
which natural reason points out a
salutary. as those which the sans
guide pronounces at war with the pub
lie good? Here is the broken link i
the judges coat Of mail. Here is th
sophism: for never was there cleare
case OF what the logicians call the ps
tito pvineipii. begging The question
The sale Of various intoxicating liquor
- - e. a.. xx<rcf ucof,tl rurooco