Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1863-03-04

hundred and fifty years ago. } raised such
an outcry and elamor, that JAMes with all
his power and pretension TO absolute dor
ninion was compelled by proclamation 70
suppress Mr. CowELL and his obnoSiobs
book while at the present time, only
those writers and speakers are crushed out
who dare to differ or dispute with the
CowkLLs of modern days. "
Upon annother occasion in the reign Of
the came monarch he undertook to impose
of his own authority an illegal tax upon
currants. A Turkey merchant, BATEs,
refused payment, and was prosecuted in
the exchequer The judges fearful OF re-
moval hoping futher promotion, and awe
struck with the frowns of power, gave
Judgment for the crown and the follow
ing abject language was used in the deci-
sion handed down to the world:
"The Kings power is double-ordnary
and absolute; and these have several laws
and ends That of the ordinary is for the
profit of particular subjects, exercised 10
ordinary courts and called common law, which
cannot be changed in substance without parl'a.
ment The Kings absolute power Is applied
to no particular PERSONS benefit, out 10 me
general safety and this is not directed by
the rules of the common law, but more pro-
perly termed policy and government rdIying
according 10 his ioisdom for the common
good and all things done within those rules
are lawful The matter in question is matter
of State, to be ruled according to policy by
the Kings extraordinary power.
We cannot be too thankful that in our
day, the corruption of the lawyers OF the
administration does not seem to have
reached in many cases the judges upon
the bench, even where they are known to
have been active partizans prior to their
elevation. What our condition would
then be it is horrible to imagine. 1t may
be that we may never experience that de-
gree of humiliation, from the nature of our
system which gives the people the power
of appointment and removal instead of the
King. Thus we see judges in Wisconsin
resolutely and ably vindicating the laws Of
the land against the proclamation of mar
tial law and the suspension OF the writ oi
haJeas corpus. They are free from the
power of LINCOLN. They owe him moth
ing And they have sworn an oath tc
abi lie by the laws. Yet those same men
if they were now in the place Of STAINS
BERRY anG of his politics, hoping for pro
motion from the ranks Of the bar, to thu
supreme bench, or to the attorney general
ship, would probably be just as plant
, Just as subservient, jast as hostile to FIRE
Government as he is.
/ There is one exception that we now re
, member in this State-a fellow call BRIN
e KERHoFF, Judge of the Supreme Court
e who so far disgraced his profession and be
4 daubed his judicial robes as to be the mai
instrument in the illegal arrest of unoifend
ing citizens who differed from him in the
political views.
+ When succeeding historians come
|, write the history of these times, il wit
n any microscopic aid they can then st
,r this small speck of judicial dirt upon IL
It page of their book, they will record h
rs name, we hope, as one of the few wi
W have rivaled in their meanness and sersi
Il ity the most abject and contemplate
v the Judges that ever dsgraced the anna
A. of judicial history. -