Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1864-02-20

are their doctrines and Efforts 20 disffanchise
the Judiciary department offs proper functions.
aud 20 deprive itof it, appropriate influence and
authority. In all wisely ordered government L
the principle Of the separation Of the several lie
p~rtment. has been recognized essential. bu'
more especially necessary in those govern
neuts designated as free. Mr.. MADISON says:
The accumulation Of al powers, iegslative.e1-
ecative aud judiciary. in the same hands. whether
Of one. few. or many. ard whether hereditary.
self appointed. os elective. may justly be pro-
noupced the very definition Of tyranny"
The idea Of a Judiciary comes down TO from
the most remote antiquity. and has been devel
oped and matured. az men have advanced 10 the
knowledge Of government. The Egyptians, We
are told. required the judges to take an oath to
declare the law aud to DO justice. even If the
King commanded to the contrary. And this IS
the solemn duty and Office Of judges to-day They
are the empires to whom are referred all disputed
questions of Law. or authority under the law. In
limited government the sovereign authority
executing the powers entrusted II is necessarily
restrained and guided by fundamental law. To
the Judiciary Is assigned the exposition OF the
fundsm sntal law well OF other laws. The
fundamental law defines the powers, duties,
right-, obligations and relations of the govern
ment and citizens. IL the legislature should
transcend iis authority and pass alaw contrary to
the Constitution. il would seem To be pretty clear
that il ought not be the judge in case of its
own wrong.
ALkxASDER HAMILTON. who. Of all the fra
mers Of our Constitution, supposed to be the
most Strenuous advocate of hat is called strong
government; yet he very earnestly argues the
necessity of an independent Judiciary az essen
tial to guard the rights of the citizen and to de-
fend and maintain The limitations of power de-
c'ared by the fundamental law. he says Fed
eraiiss Paper. LxXvIID: 1.-The complete indie
pendence of the courts Of Justice is peculiarly
essential in limited constitution. BY a limited
constitution understand one which contains
certain specified exceptions to the legislative au-
tnorty; such for instr as that il shall pass no
bills Of atisirlder. exposf faefo law. and the
like. Limitations of this kind can be preserved in
practice IN no other way than through the medium
of the courts of justice. whose duty il must be to
declare all laws contrar, to the manifest tenor OF
the Constitution void. Without this all the re-
seryaiiOns OF particular rights or privileges would
amount to nothing
'Some perplexity respecting the rights of
courts TO pronounce legislative acts void be
cause contrary to the Constitution has arisen
from an imagination that the doctrine would i'm
ply superiority of the Judiciary to the leeis
h'lse power. 1t is urged that the authority
winch can declare the acts of another void must
necessarily be superior to the one whose acts NAV
be declared void. As this doctrine is of crea,
importance in all the American Constitutions. a
brief discussion Of the grounds on which it rest
cannot he unacceptable
There Is no position which depends on ceare
principles than that every act OF delegated au-
tAority contrary to the tenor OF the commission
under which it is exercised, is void No legisla
tive act. therefore. contrary to the Constitution
can be valid. To deny this would be to affirm
that the deputy IS greater than his principal; tina
the serv,nt is above his master; that the rerre
sentaiives OF the people are superior to the peo-
pie themselves: that men acting by vrtue o
powers my do not onlv what the powers 30 no
authorize. DO; what they forbid. II 1t be sal,
sd,utional judges of their own powers. and tn
construction they put them is conclusive upo
other departments. il may be answered that thi
cannot be the natural presumption where il Is 4
he collected from any particular provisions of th
Constitution. II is not otherwise to be suppose
that the Constitution could intend to enable tn
representatives, OF the people TO substitute thei
srfu to that of their I Il NOR
ratioaal TO suppose that the courts were desisne,
30 Dc ala intermediate body between the peopl
and the legislature in order, among other things
&c keep the latter within the limits assigned 4
Their authority The Interpretation of the law
the proper aud peculiar province of the courts
A constitution i. in fact. aud must be receive
BY the Judges. fun ltmentrl law. Ii mus
therefore belong them to ascertain i,s mean
Ing. we'll - the meaning 81 any p,rticula
act proceeding from the legislative body.
there should happen 10 be irreconcilable "
rance between the two. that which has the supe
rior obligation aud validity ought of course.
be preferred in other words. the Constitutio
ought to be preferred TO the statute; the nten
ton of the peopleto the intention other agents
Nor does the conclusion by any means suppose
superiority of the Judicial to the legislativ
power. IL only supposes that the power of III
people Is superior TO both; aud that where I'll
will of the legislature declared IN its statute
stands in opposition TO that Of the people dc
clared in the Constitution the judges ought
be governed 10y the latter rather than by the 70
mer. They ought to regulate their decisions b
the fundamental laws. rather than by those whic
are not fundamental II can be of no weight
say that the Courts.on preteuce OF reDugnar
nancy. NAV substitute their own pleasure to Il
constitutional intentions of the legislator,
Tais might a. well htppen in the case oi ~
contradictory statutes. or. it might - well hal
pen in every adjudication upon any single stat
The Independence Of the judges is equal
reqsisite to guard the Constitution and the nigh
OF individuals from the effects OF those IN hume
which the acts of designing men or the in iuen
OF particular eoujunetures sometimes dissemina
among the people themselves. and which thous
they speedily give place to better infor m All,
and more deliberate reflection have A ten,ienc