Columbia democrat and star of the north. [volume] (Bloomsburg, Pa.) 1866-1867, 1866-04-18
BLOOMSBURY. COLUMBIA CO., PA. WEDNESDAY,


pact made with the General Government at
the time it was created. The States and
the people agreed 10 bes'ow upon that
I Government certain portion OF he Judicial
power which otherwise would have re
NAMED in .heir own hands, but gave II on
solemn trust and coupled the grant of il
with this express condition that it should
/ never be u,ed in any way but one; that is,
! by means of ordained and established
courrs Ary person, therefore: WHO under
takes to exercise Judicial power in any
( other way not only violates the law OF the
/ land, but he reacherousy tram pies upon
The most important part Of that sacred COW
! enani which holds these States together.
May il please your honors, you know,
and | know, ard everybody else knows
that il was The intention OF the men who
founded this republic to put the life, liberty
ard property OF every person IN II under
the protection of regular and permanent
judiciary, separate, apart, distinct, from all
other branches of the Government, whose
sole and exclusive business it should be TO
distribute justice among the people accord
ing TO The wants aud needs OF each iudivid-
ual. Ii was to consist of courts, always
open TO the complaint Of the injured, and
always ready TO hear criminal accusations
when founded upon probable cause: sur
rounded with all the machinery necessary
for the investigation of truth, and clothed
with sufficient power to carry their DEGREES
into execution. In these courts il was ex
peeled that judges would sit who would be
upright, honest and sober men, learned in
the laws of theft country, and lovers of
Justice from the habitual practice OF that
virtue; independent because their salaries
could not be reduced, and free from party
passion because their tenure OF office was
for life. Although this would place them
above the clamors OF the mere mob and
beyond the reach of executive ipfluence. il
was not intended that they should be Who'll
ly irresponsible. For any willful or cor
rup violation of their duty, they are liable
20 be impeached and they csnnot esca pc
the control of an elighened public opinien.
?or they must sill with open doors, listen TO
full discussion, and give satisfactory rea-
sons for the Judgments they pronounce. ln
ordinary tranquil times the citizen might
feel himself sale under Judicial system so
organized.
But our wise forefaihers knew that tran
guilty was not always 10 be anticipated in
a republic the spirit of free people is
often turbulent. They expected that strife
would rise between classes ana sections,
and even civil war might come, and they
supposed, that in such times, judges Them
selves might not be safely trusted in crimi-
nal cases-especially IN prosecutions for
political offenses, where the whole power
OF the Executive is arrayed against The ac-
rused parry. All history proves that Puc-
lie officers of any government when they
are engaged in a severe struggle TO retain
their places, become bitter and ferocions,
and hale those W.T. o oppose them, even in
the most legitimate way, with rancor
which they never exhibit towards aciua'
crime. This kind OF maligniiy vents itself
in prosecutions for political offenses, sedi-
tion, conspiracy, libel, and treason and the
charges are generally ton1ded upon the iE-
formation Of hrelng spies and common de-
lalors, who make merchandise OF their
oalhs. and trade in The blood OF Iheii lei
low men. During the civil commolions in
England, which lasted from The beginning
of the reign or Charles | TO the revolution
OF 1898. the best men, and the purest pa
triois tha; ever lived, fell by the hand Of
The public executioner. Judges were made
the instruments tor nhiciing the most mer-
ciless sentences on men, the laichet of
whose shoes the ministers that prosecuted
them were not worthy 10 stoop down and
unoose Let me say here, that nothing has
occurred in the history of this country TO
Justify the doubt of judicial integrity which
ont foreiathefs seem 10 have felt. On the
contrary, the highest compliment That has
ever been paid TO the American bench, is
embodied in this simple fact: that if the
executive officers OF this Government have
ever desired TO take away the life or the
liSerly OF citizen contrary TO law, they
have not come Ihto the coui's !" S0' u
done, they have gone outside Of the conrls,
and stepped over The Constitution, aud cre-
ated their own tribunals composed of men
whose gross ignorance, and supple subser-
vience could always be relied on for those
base uses 10 which no Judge would ever
lend himself Bot the trainers of The Con-
stiluiion couId act only upon the expert
ence of that country W hose history they
knew most about, and there they saw the
brutal ferocity of Ieffreys and Scroggs, The
timidiiv Of Gnilford, and the base venality
of such men as Saunders and Wright. Il
seemed necessary therefore, not only TO
-. ,ha iL,ntnrr as ne ffecI as nnssi D e