The Elk advocate. [volume] (Ridgway, Elk Co., Pa.) 186?-1868, 1867-07-25
A PATIsAN JUDICIARY.

ed by their State Convention, which
nominated Mr.. Williams for Judge of
the Supreme Court, declares that,
warned by past misfortunes, we ask
that the Supreme Court of the State
be placed in harmony with the politi-
cal opinions of the majority of the
people," so that " it may become and
remain a fit and faithful interpreter of
the liberal spirit of the age, bulwark
of public faith, and an impartial and
fearless exponent of the equal rights Of
man." This resolution has been en-
dorsed and applauded by all the Radical
papers of the State, and the Press of the
18th instant announced that a Union
State should have a Union judiciary,
and every Republican is called upon
to contribute to this desirable end by
voting in October next for Henry W.
Williams, as Judge of the Supreme
Court"
! ISow, what do the Radicals mean 5Sy
this seventh resolution, and what is the
import of this declaration that " a
Union State should have Union Judi.
ciary?" The business of judges is to
interpret the laws according to those
well-known principles which underly
and give security and stability to the
whole structure of society. They are
to be pure men, free from personal bias
or political prejudices. They may and
will have political opinions, but these
opinions are never to influence their
judgments OF govern their actions in q
party or personal direction. The Con-
stitution OF the State and nation. and
the laws enacted by competent lcgisla.
tive bodies, are to be. their rule of ac-
ton. No mans cause is to be prejudice
ed because he may differ from the
judge upon the bench, nor are laws to
be looked at through misty atmosphere
of party clamor and excitement. Be-
fore and in the eyes of the law all men
of all political faiths, all religious beliefs,
are equal, and in that attitude they
must be viewed by judge if justice is
to hold place upon the bench.
To this exposition of the character
and duties of judge the Radicals will
not agree, and that disagreement fur
nishes an answer to the question pro-
pounded above. They are net only in
favor OF putting politicians upon the
bench, but for pledging those politicians
in advance to fashion all their legal
opinions and decisions "in harmony
with the political opinions " of the party
by which they were elected. This is
the position occupied by the Radical
party in this State with reference to the
Supreme Court and its Judges. Such
principle, if carried into effect, would
turn the superior judicial tribunal of
this, or any other State, into star
chamber, whore political vengeance
would be executed, and neither law, JUS
tice, nor equity be administered. All
the judges would be heated and bigoted
partisans, instead of calm-minded, in
dependent citizens, guided by facts and
the law ; and life, property, and charac-
ter would be held by the gossamer
thread of popular opinion. Each shift,
ing phase of political action would find
its reflection in the judgments of the
court. To-day the needs of politicians
would drive them in one direction, and
the court must follow. On the morrow
a returning wave would obliterate the
record, and cut fresh channel across
the liberties or the people, the security
Of property, and the sanctity Of those
ties which bind together civilized So
cioty. Life, liberty, and all other rights
now surrounded by the safeguards OF
constitutional lsw, find protected by i'm.
partial judges, will, if the Radical idea
is accepted, soon TALL before the spirit OF
agrarianism which is beginning to in.
vest with fresh danger the movements
Of the ruling party of the country.
The phrase, " Union State should
have a Union judiciary" used by the
Press, is but another way of enforcing
the idea that in the future, if citizens
desire their rights to be respected in the
Supreme Court of this State, they must
place themselves in I" harmony with the
political opinions of the majority of
the people" The State Convention
of the Radical party has declared that
doctrine it has been endorsed by the
Radical press, and Mr.. Williams, by al
lowing his name to be used as a candi-
date, gives his public assent to the prin.
ciple. With colleagues upon the bench
of the same political faith, Mr.. Williams
can turn all the decisions of the Su>
preme Court into the path marked out
| by the Radical State Convention In
stead, then, of merchants, manufactur-
ers, bankers and others trusting to the
supreme jndical tribunal of the land as
an impartial body, which will admins
ter law without fear, favor or affec,
tion," they will know that political con-
siderations are thrown into the scales of
justice, and the judges are influenced by
partisan considerations in making up
their opiniong end judgements. This
will be the effect of placing Mr.. Viii