Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1863-10-19
JUDICIAL sUBSERvIENcY.

II lhere Is any one thing more thar
another calculated to excite melancholy
in the present alarming condition of oul
country, 1t is the base, trucking subser
viency OF the judiciary, with here and
there honorable exceptions, to the despot-
ism that rulcs us. The sagacity which can
not he mlsled by sophistry the integrity
which nothing can shake or bribe the
courage hat can wither despotic authority
at a glance, that are all looked for 10 an
American Judiciary, seems gone; and in
their stead have come, crincing cowardioe
presumptuous ignorance, and time-serVing
corruption. As we read the judicial de
cisions since the issuing of Mr.. Linooln's
Proclamation, one is reminded of those
corrupt Judges who gave judgment for the
crown in the matter of ship money, in the
reign Of the first Charles. They Wed with
each other, who could be the most servile
said Justice Crawley, of the Common
Pleas: 1.-The law knows no king-yoking
policy. The law itself is an old and trusty
follower Of the kings; it is his instru.
ments by which he governs the people,
| never heard that LeC was rec; but it is
common and most true that rec is lep."-
| Vernon, another disgrace to the ermine
that covered his shoulders, gave his opin-
ion in these degrading words " The King
may, pro bono pUJlico, charge his subjects
for the safety ana defense of the kingdom,
notwithstanding any act of Parliament ;
and the KING may dispense with laws in
case OF necessity" Nothing is more GER
tain than this fact, that a nation, where
any spirit is left, soon becomes revolution
airy, where the Judicial power is subser-
went 10 the Government, to carry out its
DEGREES. When tie streams of Justice are
troubled at the fountain head, :he waters
that flow from them over the land soon
become curse instead Of blessing. The
people become armed, and if there be any
virtue left, it will not be long before they
assert their inalienable rights, and, amid
the throes of revolution, liberty will Le
born again, or else perish in the travail -
The servility OF venal judiciary upon
this question of ship money was soon fol-
lowed by the infamous outrages of the
Star Chamber, which soon stirred up the
flames Of civil war, in which the King
and his corrupt judges quickly perished,
Hitherto, since the formation of our Gov
ernment the political horizon has been
comparatively calm. There have been
some threatening clouds now and then,
t1At no destroying tempests. In the main,
the fundamental rights of men have been
scrupulously respected, and the laws duly
observed and administered A learned
bench and an upright bar quietly preser-
Ved The order of the system. But re-
verse has come. Two years of civil war
have upturned the old foundations. Pow
er, tending TO augmentation, as in all such
eonvulsions. has gone on step by step in
Its usurpation, until it has assumed the
form OF despotism. Instead OF resisting
its encroachments, we iud the Judiciary
almost everywhere encouraging and coun-
tenancing them. The decision OF Judge
Leavitt, and the recent ones of Judge
Belts and Cadwalader, make manifest
how basely these men are bowling to the
storm. They are but imitators of the SER
vile judges OF the first Charles; in fact
they are worse, because the case before
the twelve judges involved simply ques-
ton In reference to the regularities Of the
King-the questions now TO be decided
involve not only the personal liberty Of
the subject. but the lite of the nation. If
amid all the arbitrary principles and arbi-
trary measures Of the Executive, he is 10
lind his most devoted and unquestioning
supporters among the judges of the land,
then, indeed, are the liberties of this peo,
pie hopelessly gone. We suppose soon
we shall have the issue of orders from Lin.
coin, to his judges. similar to those once Civ
en- by James the / "You must check the
advocates who presume to argue against
my prerogatlve. The popular lawyers
have ever been the men, since my acces-
sion, who have in all parliaments lrodden
II under foot. Remember the law can
never be respected unless the King is
reverencad." When the monarch uttered
these words, the twelve judges fell upon
their knees and acknowledged their grie-
vious error. These men prostluted their
integrity and their fame, through fear of
losing their offices and of mourning the
unmerciiul and ruinous penalties oil the
Star Chamber. From the specimens we
have had of the judicial independence in
our day, we doubt whether they would
do any better. They seem to have as ex-
alted an opinion of Mr.. Liucoln's prerog-
ative as the servile Judges under James,
ioi NhNg ~StAillN btlh, udl lueTe WAS
a kind OF paramount sovereignty in the
king, which they denomira,ed his abso-
lutte power, incident" as they say, "to
the abstract nature of sovereignty, and
arising out of its primary office of saving
the State from destruction" If this is
Got Mr.. Iincoln's war power, and the
power under which all his acts are justi.
fed, we shall be happy learn wherein it
differs.
GENERALS IN THE Next CONGRESS.
The following-named officers will
leave the army on the LIST of Decem-
Der to take their seats in the United
States House Of Representatives Gen.
Robert c. Scheuk, third district, Ohio;
Gen. John A. Garfield, nineteenth dis
trict, Ohio; Gen. Ebenezer Dumon.,
sixth district, Indiana; Gen. Green
Clay Smith, sixth district, Kentucky;
Gen. Ben. f, Loan, seventh district,
Missouri; Gen. Francis ?. Blair, first
district, Missouri.