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

| The greatest advantage Of u written Con-
stilnlion under popular form Of government
is TINT ii offers permanent checks to popular
passion. 1t is designed to represent the will
of the people, hut only the popular will within
the limits Of the compact. Hence we find in
MI popular governments which hare any ciaim
to respect, in all popular governments which
do not represent thn yilest Of iyrannics, the
| tyranny Of passions, the tyranny of the masses,
n perfect system Of checks and balances. The
legislative branch is checked by the executive,
and tho. executive and legislative are in turn
checked by tho judicial OF al Al or, or 'r which a
is most necessary TO preserve perfectly pure
nnd free from popular passions and popular
| prciudiccs is The judiciary. II stands between
parties and holds the scales. That il shoalJ
be Independent, no fair thinking mind will
deny. That il should be in position in which
oil parties can safely look TO il TO guard their
rights, and TO prevent infringements on the
Constitution, cannot DO doubted by any one
who has any knowledge of political science or
! nny capacity 10 comprehend the nnturo of free
government. Acting as il does without force,
its duty is 10 decide whether the law making
power have discharged its duty, and then peace
fully TO execute such laws as are mado i'll confor-
nifty with the compact Of government, the
written Constitution. Its duty is 10 deter
| mine whether the government has exceed
ed its authority and gone beyond its dele
gated powers. Its obligation is 10 de-
clare nll laws yoid made in violation of the
Constitution.
Ono would suppose that these views are So
we'll established that il would only be nccessa-
ry 10 state them in order 10 meet with a gene
raj ac1uiesconce, nm until the beginning Of
the late war, they would never have been aues-
toned. We however nre living in an age of
progress. We however are living in n 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
relinnt vanity inagines that its knowledge is
sufficient TO enable il TO reject NIL past knowl-
edge its power so great Us TO defy The dangers
by whirh such vanity is necessarily mcnaced.
The Pennsylvania radical party has embodied
the following resolution in tho platform ON
which that party will stand in il,e approaching
"'ar';"n in that State.
Resoiuea, That warned by past misiortuncB,
wo ask that tho Supreme Court of the State be
placed in harmony with tho political opinions OF a
majority Of tho people,"
From radical point Of view this is consis-
tency, md greater consistency and honesty
'han could have been expected from party
which pretends TO desire "manhood suffrage"
hut refuses TO make The issue before the peoplc
of the State for fear of defeat ltis IN opep
declaration of opinion, n plain confession of
tnith, and though VIC shall show that the rcso-
lntinn is dangerous 10 liberty and destructive
I" government. still we arc bounl 10 admire
the honesty of the declaration.
What is meant by placing the Supreme Court
"in harmony with the political opinions of n
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 a part of the popular leavcn; that
1t should be the instrument of party, the tool of
passion; wcathcrcock to he moved eyery hour
BY tho popular wind the venal register of the
opinion ofthc hour. Establish this doctrine and
constitutions become pieces Of waste paper or
parchment toys with which TO amuse the idle.
useless, worthless, and even contemptihlc. If
this doctrine should be accepted, liberty is
gonc tho powers That be are absolute and ty-
rannic; abuse Of power is certain
An independent judiciary has been thc.l
boast and pride Of the American people. Law
abiding as they are, the mandate of n court
was moro powerful than the sword of IN ad
versary. Under that system liberty fiourished,
the laws were respected and property safely
OH rIn fbo
CLOCK, other tGafhi 2g6tE liz e govern @ without any
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 10
be the tool of the majority, it can do nothing
else than to recognise the principles by which
mat 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 thnt
doctrine, il is bound to become the creature of
the prevailing humor, whim, or passion, The
mere disgusting, loathsome slave of power.
wherever 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 self-styled party of progress
We would feel but little interest in The opin-
ions of State party, fthat party did not rep-
resent opinions spread through the cntiro couu-
try. In mere local politics outside of our own
State, we can take hut little interest cxcept
where il has an influence on the policy of !
the country, and represents q political idea of |
consequence to us all. Tho radical party ih |
Pennsylvania represents the views Of the pow
ers ruling at present in Washington. It has |
carried out to its logical result the doctrine of
the will of a governing minority, whether that |
majority be q majority Of o rump parliament |
or minority Of the people. From this point
Of view their action is important From it
We Can learn the views Of the party in power.
its aims and its objects.
II is an established truth that the best law.
become injurious TO The state, and may be, and
will he turned against the State when the prin.
ciples Of government have become corrupted.
IL is an equally we'll established truth that tho
government under which a people lives happily
and prosperously, is the government best adapt
ed to the genius Of that people. Tho govern
ment Of The United States contemplates unity
and, at the same time, independent action Of
each of the parts. The government, in its
Inherent parts, is we'll described by the motto,
E Piuri6u' Unum. It is . sort of political
trinity. One can readily conceive that if