Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1860-06-16

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of a strong and aggressive partiSan spirit.
Such judgments will never be pronOUucSd
except in times OF rabid party spirit, when
the Courts are sure of the support OF u
! large body of influential pRrtizOus. In
| calm times such departures from judicial
duties would expose the judges to unlver-
sal srorn or pity 1t is unfortunately true
/ that a strict regard TO judicial propriety
and decorum may be most safely relied on,
when the principle, itself, is of the least
/ importance In these corrupt times, when
I ever strain occurs, calculated to try the
strength OF the principle, the principle
/ itself gives way. Valuable harness, good
enough on perfectly level ground but sure
to break in going up or down hill. These
( old men. no doubt, looked nj the slavery
1 question through the thick mists of paTti-
Fan prejudice, and supposed, that they
could make decision promotiye OF the
i interest of their own party. Their Iudg.
rments have operated very much like those
of that ancient jurist, who was discovered
/ in the performance OF his judicial duties
/ bv Millions hero, on his perilous journey
/ from hell to paradise, and who "by deci-
sion more embroiled the fray Their zeal
admits of no doubt; their sagacity is much
more questionable. They did not make
an adroit or discreet use of the materials
! in their power. Had they affirmed the
capacity of old bred Scott to maintain
suit, and decided that his importation into
/ Illinois conferred freedom upon him, they
would then have come square up TO the
/ question of the Constitutionaiity o! the
Missouri Compromise in the case OF
Harriet, Eliza and Lizzie, who had never
been imported into Illinois. Then and
not till then could they have examined the
grave question of the coustitutionality of
an act of Congress. with some show OF Ju-
dicial necessity. For even if they had
beeu possessed of competent piainuH
in the person of old bred Scott yet when
his importation and residence III the SOW
ereign State of Illinois, we're found utterly
useless and uuavailing TO him, the de-
cision as to the effect of his importation
and residence in the United States terri
tory, can not be redeemed from the charge
of judicial spontaneity and volunteeriSm.
The Illinois residence and the Minnesota
residence, were facts of precisely the same
judicial force and value, but the Illinois
residence was oldest in time, and there
fore naturally first to be considered
When courts arrive at facts sufficient to
decide the case before them, they do not
spend much time upon further facts equally
decisive or equally unavailiug, and OF
identical judicial force and value. In this
: case, when the court once determined that
importation into Illinois could not avail
: old bred to confer freedom on him, every
lawyer who ever had practice enough IN
: courts of justice to become acquainted
with their modes and manners, would eX-
pect them to say LAS we have decided
that the plaintiff can dsrive no henetit
rom his importation into Illinois, II Is
useless to proceed further, as his importa-
: ton into United States territory must be
!; equally uuavniling." l beg pardon for
i calling the poor old negro q plaintiff. l
> do so merely for convenience. The court
! mad no plaintiff, according to their own
: decision Again, courts will not proceed
= to the examination of the constitutionality
l of statute, while facts of equal cogency,
E of equal judicial virtue and value are
$ found in the case not involving con-
VI stitutional question. They will not ex
= anime constitutional question while other
facts, unconnected with that question, are
e found in the case equally effectual and
!, equally satisfactory as grounds of decis-
Il ion In other words, they will not pass
= upon a constitutional question unit. COM
i. PEELED to determine il, in order TO make an
IL adequate determination OF the rights OF
& competent suitors in court before them,
II until compelled by the exigency of the
: vsvurygrft5r7 -uctIsIon 81 CONSTITUTIONS
- al questions with great reluctance. This
> is spoken by the book. Judicial autbori-
II ty will be produced for it in due season;
At present We refrain, in order to close
- this essay. The opposite doctrine, the
= doctrine that courts may override and
Il abrogate the solemn cnactments of the
supreme Legislature, without parties before
u them or even when they have real, cOmpe-
= tent parties before them, without strict
- necessity, places unbouuded and undc-
: fined legislative power in irresponsible
4" hands not elected ny the PEOPLE, and be-
; fore whom tho PEOPLE are not represented.
> If that large body of men whose profess
. siOnal education and habits render them
=, familiar with judicial subjects, shall prove
- true to their country and to pOsterity, such
I hgh-handed usurpation of legislative now
r er will be met by marked and decisive re-
. probation. The subscriber is not the first
Il man who has animadverted upon the po-
= litiCal tendencies and doings of this same
u court; instance Mr.. Yhartons learned and
r lengthy note towards tue close of his Trea-
u tisc on American LAW.
: This subject has been treated at some
:, length. Mr. George Campbell, President
Of the Marschal college ut Aberdeen, in
: his Philosophy of Rhetoric tells us that
every auditory consists of two classes
With the one class the maiu question is
: ''who speaks - with the other what is said"
1t is perhaps OF come importance to both
! ! these classes of hearers to determine
whether the long wearsome hsrangucs,
: the incorporate, inhammatory stump
= speeches, which are bound up together in
: the nineteenth Howard, really proceed
, from the Supreme Court of the United
States only from g set of individuals,
! who had no authority, no commission, ex-
: cept for the performance ofjudicinl duties.
Alexander Pope, in bis Essay on Man, has
a similar thought. He says
a ''Tis from high life, high characters are drawn,
saint In Grape is twice a saint in lawn"
Convinced as l am, that these gentlemen