The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-09-14
THE JUDICIARY AND THE RADICAL
PARTY.

sttution under popular form of government
is that it offers permanent checks to popular
passion. 1t is designed to represent the will
of the people, but only the popular will within
the limits of the compact. Hence we find in
all popular governments which have any claim
to respect, in all popular governments which
do not represent the vilest of tyrannies, the
tyranny of passions, the tyranny of the masses,
perfect system of checks and balances. The
legislative branch is checked by the executive,
and the executive and legislative are in turn
checked by the judicial. Of all of the three
branches of the government, the one which 1t
is most necessary to preserve perfectly pure
and free from popular passions and popular
preiudices is the Judiciary. 1t stands between
parties and holds the scales. That it shoRld
be independent, no fair thinking mind will
deny. That it should be in position in which
all parties can safely look to it to guard their
rights, and to prevent infringements on the
Constitution, cannot be doubted by any one
who has any knowledge of political science or
any capacity 20 comprehend the nature of free
government Acting as it does without force,
its duty is to decide whether the law making
power have discharged its duty, and then peace
fully to execute such laws as are made in confor-
nifty with the compact of government, the
written Constitution. Its duty is to deter
mine whether the government has exceed
ed its authority and gone beyond its dele
gated powers. Its obligation is to de-
clare all laws void, made in violation of the
Constitution.
One would suppose that these views are SO
well established that it would only be necessa-
ry to state them in order to meet with gene
raj acquiescence, an / until the beginning of
the late war, they would never have been ques-
toned We however are living in an age of
progress. We however are living in time
which disregards the teachings and experience
of the past and which refuses to profit by the
lessons of bygone ages time in which self
reliant vanity imagines that its knowledge is
sufficient to enable it to reject all past knowl-
edge. its power so great as to defy the dangers
by which such vanity is necessarily menaced.
The Pennsylvania radical party has embodied
the following resolution IN the platform on
which that party will stand in the approaching
election in that State.
we ask that the Supreme Court Of the State be
placed in harmony with the political opinions OF
majority of the people,"
From a radical point of view this is consis-
tency, and greater consistency and honesty
than could have been expected from party
which pretends to desire "manhood suffrage"
but refuses to make the issue before the people
of the State for fear of defeat. Itis an open
declaration of opinion, plain confession of
faith, and though we shall show that the rcso-
luton is dangerous 10 liberty and destructive
To government, still we are bound to admire
the honesty of the declaration.
What is meant by placing the Supreme Court
.in harmony with the political opinions of
majority of the people of the State?' Surely
nothing if it does not mean that the Supreme
Court should lose its independence; that it
should become part of the popular leaven; that
il should be the instrument Of party, the tool of
passion IL weathercock to be moved every hour
by the popular wind the venal register of the
opinion of the hour. Establish this doctrine and
constitutions become pieces of waste paper or
parchment toys with which 10 amuse the idle,
useless, worthless and even contemplate. If
this doctrine should be accepted, liberty is
gone, the powers that be are absolute and ty-
rannic; abuse of power is certain.
An Independent judiciary has been the
boast and pride of the American people. Law
abiding as they are, the mandate of court
was more powerful than the sword of an adj
versary. Under that system liberty fourished,
the laws were respected and property safely
guarded. Change the system and what is the
result? If majority is to govern without any
check, otherthan such as may be imposed by its
own will it is certain that the minority will have
no protection for its rights, and even no rights
to be protected. If the Supreme Court is to
be the tool of the majority, it can do nothing
else than to recognise the principles by which
that majority is governed. Recognising that
principle, it is bound to decide that will is law
and constitutions opposed to that will must be
declared void and of no effect. Admitting that
doctrine, it is bound to become the creature of
the prevailing humor, whim, or passion, the
mere disgusting, loathsome slave of power,
that power may be found; the tool
of socialism, anarchy, or despotism, whichever
of the three may happen to prevail under the
teachings of the selfstyled party of progress
We would feel but little interest in the opin-
ions of State party, if that party did not rep
resent opinions spread through the entire coun-
try. In mere local politics outside of our own
State, we can take but little interest except
where it has an influence on the policy of
the country, and represents political idea of
consequence to US all. The radical party in
Pennsylvania represents the views of the pow
ers ruling at present in Washington 1t has
carried out to its logical result the doctrine of
the will of a governing majority, whether that
majority be majority of a rump parliament
or majority of the people From this point
OF view their action is important From it
we can learn the views of the party in power
IFS aims and its objects.
1t is an established truth that the best laws
become injurious to the State, and may be, and
will be turned against the State when the prin
ciples of government have become corrupted
1t is an equally well established truth that the
government under which people lives happily
and prosperously, is the government best adapt
ed 10 the genius of that people. The govern
ment of the United States contemplates unity
and, al the same time, Independent action oil
each of the parts. The government IN It's
different parts, is we'll described by the motto'