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

We publish, this morning, an opinion Of the
Hon. GEORGE 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 or South, would be willing to en-
dorse this decision. We as journalists and
lovers of the liberties of our country, regret
that JuDaE BaYAs, a, South Carolinian, should
have heenS the person sbyE whom the el.opiaion
was delivered. wskqow the Judge well, and
for no man lin the community have we Mois
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 snd true. In
protesting against the decision, We protest
against the views of law taken by 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 q
school which taught US to believe that expe-
dient and law are two very different things
We have been taught to think that whenever g.
Judge is convinced that "ita ler scripta est" he
cannot turn aside from the law and frame
theory which, though pleasing to the party in
power, and perhaps expedient, is, nsverthe-
less, without warrant in the written law. If
the Judges opinion does this not, We are at
loss to understand it, He says in fact, if not in
words, i'Thereis written Constitution, it is
true, but none but sntiquated 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 Rump, has declared that the
-Stste:is dead: and buried. 1 am a Judge by
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 I do not
find constitutional law for declaring the Rump
supreme, but know the fact that the Rump
conquered great rebellion, and therefore the
Rump could hang all of the Governors Of all
of the Southern States. Jury trial used to.
mean something, and the Constitution says
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. If we do, our readers
can judge for themselves We are glad, for
the sake of constitutional law and constitu-
tional liberty that such decision is not final
and conclusive on the country. If that
opinion is law, the United States is the last
country in the world for man to live in.
revolution can be gotten up at any time, or
Rump of Congress may declare that one exists
If State officer violates his duty, the State
Constitution is dead and buried, not to live
again, except in so much as Congress may per-
nit, or even any two men, or one man, having
the power may allow. This may be law; but
if it is law, it is not to be found sanctioned by
any jarist 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
to live.
We dismiss the subject to-day with renewal
of the statement that it is because Of our re-
spect for the man that we more deeply regret
what we believe to be his unsound views as
Judge on q question of vital Importance to the
whole Ameaicsn people. We hope that at no
very distant day the highest Courts of this
country will declare Judge BRYAN is wrong,
and further declare that the Constitution of
the State of South Carolina is something more
than rotten corpse, and that the Constitution
of the United States is still alive, and in the
exercise of all of its active energy and its
Jealous watchfulness of liberty.