The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-10-17
JUDGE BRyAN'sDRCIsIoN YESTERDAY.

We publish, this morning, an opinion of the
Hon 4EoRoR s. Bryan, United States Judge
for the District of South Carolina declaring the
Civil Rights Bill, the reconstruction Acts, and
the tyranny under which the South is groan-
ing, constitutional. We regret this decision
deeply. We believe that but few lawyers,
either North OF South, would be willing to en-
dorse this decision. We as journalists and
lovers OF the liberties of our country, regret
that JUDGE BRYAN, a South Carolinian, should
have been the person by whom the opinion
was delivered. We know the Judge well, and
TOT no man in the community have we more
personal regard. We know that he can do
nothing either small or mean; and we would
not be understood, in any way, to insinuate
that his decision is not the dictate of an up
right conscience. No one who has ever had
the pleasure of knowing him could believe that
he would do other than that which he believed
to be straightforward, manly and true. In
protesting against the decision, we protest
against the views of law taken by a Judge.
Those views we believe will be overturned
whenever the voice of law can be heard.
Against these views we, as Americans, enter
our earnest protest. We have been raised in a
school which taught us to believe that expe-
dient and law are two very different things.
We have been taught to think that whenever q
Judge is convinced that "ita Lea scripta est" he
cannot turn aside from the law and frame q
theory which, though pleasing to the party in
power, and perhaps expedient, is, neverthe-
less, without warrant in the written law. If
The Judges opinion does this not, we are at a
loss to understand it. He says in fact, if not in
words, 'There is a written Constitution, it is
true, but none but antiquated lovers Of liberty
believe any longer in that document. South
Carolina, too, has q Constitution, but
the dead body and dry bones of Amer
lean liberty, called by courtesy Congress,
but which counsel, in the latitude Of de-
bate called a Rnmp, has declared that the
State 10 dead and bur;ed T am O Judoe nv
virtue Of that Rump having succeeded in con-
quering rebellion. The people will bring
things right one Of these days, but at present
the wishes of that Rump are law. Their acts,
whatever they may be, are constitutional.
Even their wishes are to be obeyed. do not
ind constitutional Law for declaring the Rump
supreme, but I know the fact that the Rump
conquered a great rebellion, and therefore the
Bump could hang all Of the Governors Of ell
Of the Southern States. Jury trial used to
mean something, and the Constitution saws
something about it; but the Constitution is
dead in this Court and in this State, and there !
fore every act Of Congress, .so-called,' is con-
stitutional."
We do not think that we misstate the sub |
stance Of the decision. II we do, our readers \
can judge for themselves. We are glad, for \
the sake Of constitutional law and constitu- \
tonei liberty, that such o decision 10 not final \
and conclusive on the country. II that
opinion il law, the United States is the last /
country In the world for o man to live in. A |
revolution can be gotten up at any time, or o |
hump Of Congress may declare that one exists. !
If a. State officer violates his duty, the State |
Constitution 10 dead and buried, mot to live |
again, except in 80 much as Congress- may per
init, or even any two men; or one man, having |
the power may allow. This may bs law; but
if it is law, it 10 not to be found sanctioned by
any jurist Of distinction in this country or In
England; it certainly is not the law under
which we have deluded ourselves that we were
living; nor is it the law under which we desire 4
to live. .E4,p we W., t.,.tt Il
We dismiss the subject to-day with q renewal
Of the fstatemente that il lip because Of our re-
spect FOR tile man tLAt we more daepiy regret
what we believe to DO his unsound views .aa a
Judge on asqaestion Of. vital Importance to the
whole Ameaiean people, We hope that at no
very distant day the highest Courts of this
country will declare Judge BnxAN 10 wrong.
and further declars chat tho Consultation Of
the ~ State Of South carolina 10 something more
han . rotten corpse, end that ths Constitutioh
the USited States 10 still alive, end In the
exercise Of all Of its active energy and in
eAlous MatohfAlnnRa az liharhu