The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1865-10-19
IN Independcnt .JueliciarY.


private property rest entirely upon the
wisdom, the stability, and the integrity
of the courts of justice. If that govern
ment can be said to be despotic and in
tolerable, in which the law is vague and
uncertain, it cannot but be rendered still
more oppressive and mischievous, when
the actual administration of justice is
dependent upon caprice or favor, upon
the will of rulers, or the influence of
popularity. When power becomes right
it is Of little consequence whether de-
cisions rest upon corruption or weak
ness, upon the accidents of chance, or
upon deliberate wrong. In every well
organized government, therefore, with
reference to the security both of public
rights and private rights, it is indispen-
sable that there should be a judicial de-
partment to ascertain and decide rights,
to punish crimes, to administer justice,
and to protect the innocent from injury
and .usurpation."
To no slight degree, the termination
of the fierce civil war through which
the republic has passed, devolves upon
the people and their public agents the
duty of social and political reconstruc
ton. The Constitution and the Union,
formed under it, have been vindicated
in the ordeal of battle; and whatever in
the grand superstructure erected by our
fathers may have seemed weak and
crumbling, now dstirmer and strong
er than ever, cemented with fraternal
blood.
This vindication of the truth of those
principles upon which our organic law
rests, bears with it the propriety, if not
necessity, of frequent recurrence now, at
this day of reorganization, to the teach
ings of those who have been long recog-
nized as their true expounders; and the
statesman as he seeks for guidance in
the difficult path of duty which lies
before him, can find no clearerlight than
shines from the decisions and common
taries Of those elevated jurists who, far
removed from the passing and mutable
influences of party politics, have best
illustrated the wisdom of our system of
constitutional governmentand the excel
lence of the institutions it has estab-
lished
We have not thought it out of place,
therefore, upon the eve of a judicial
election i'll this circuit, to call the atten
ton of our readers to the extreme I'M
portance which belongs to it; and to re-
mind them that every thing which
society holds dear depends upon the
proper organization Of this coordinate
branch OF the State government.
To this end, we have made the above
quotation from Judge Story's Common
taries upon the Constitution and we
will scarcely be liable ia criticism, if we
ascribe to it the merit of presenting, in
Il few sentences, much that each patriotic
voter may make the subject of careful
consideration.
However wild may be those theories
of government, the discussion of which
seems to constitute our only politics
however excited men may become il
the heat of party conflict; however
bigoted and proscriptive the purposes O
the thoughtless and unreasoning may
prove; to whatever extreme and fanati.
cal views the heralds and eXpounders OF
new systems may be borne; and how.
ever tyrannical and oppressive the pos
session Of unrestricted power may make
men Of small minds and narrow souls
society will suffer comparatively little
if the judiciary be Independent and i'm
partial; and our courts of justices ar
sanctuaries whose affairs, neither wrong
prescription, fanaticism nor bigotry will
dare to profane. So long as the veal
can find in them refuge from the oppres
sion of the strong; so long as the poo
may there safely defy the pursuit O
grasping avarice; SO long as innocence
wrapped'in the consciousness of its Owl
purity, may there seek protectin
shield; so long as the golden scales al
equally poised, and no Brennusdare ad
the heavy sword to weigh down eth
the sanctity Of the law will be mai
tanned, and the right of the humble
citizen will be vindicated.
rI,l,a,,ecb CovnrparS NAV GROW arr