The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1867-02-27

! "a Daniel come to judgment! yea Daniel!
| y! wise young judge how do honor thee"
SHYLoCK.
TheCourt Of Errors, the all-wise,
all-powerful, constitution-loving,
constitution-defending, Court, has
added another wreath to it's crown
, of Immortality by maintaining the
bold stand which it had already
taken against the encroaching
power Of it's co-ordinate-the Leg
islature. Unwise, inconsiderate,
and unconstitutional legislation
cannot stand before the breath Of
this tribunal. It's motto is now
emblazoned On the halls of justice,
"the Constitution, it shall and
must be preserved" The Consti-
tuition, "alas poor ghost!" How
it does frighten some people !
But the Legislature was not afraid
Of it ; neither was the Convention
Of September, 1865, the Constitu-
tion-moulding, Constitution-mak-
ing, Ordinance-ratifying, Slavery
abolishing, Convention. In that
august body, too, were full grown
Judges of Law and Equity, and
embryo-judges of Law and Equity.
There were represented the Court
of Common Pleas and the Court Of
Chancery, not with gowns robed,
but in the garb Of citizens, of the
people, the original Constitution
making and ordaining power.
Was the ghost exercised on that
occasion? Nobody was afraid Of
it, nobody ran from it!
The "Stay Law" (that is dead
now was born OF the Legislature
in 1861. Singular fact! A Judge,
or rather one who is now Judge,
was it's acknowledged father in the
House, it's immediate progenitor ;
and in the Senate, one who now
wears the judicial t0ga stood its
godfather. An effort was made
to prevent its baptism, protests
were published and put on record;
but with stentorjan lungs the god
father vindicated it's claims to the
ritual. During the troublous times
in which this child came into be-
ing, it continued stout and healthy
it was a thriving child. After
four years had rolled away, years
of revolution and blood, it was pre-
sented to the Convention which
met in Columbia in September,
1865-the Provisional-Perry Con-
vention, the same which had such
strong infusion of the judicial
element-seven full grown and en-
bryo judges and chancellors-the
Convention which both destroyed
and built up slavery, established
District Courts, commenced the
great work Of codifcation, which
has ended in such glorious results;
in fine, which did everything and
ordained all things necessary for
people in the ''new situation"
These grave men, more grave than
legislators, took it (the child) to
their digniied bosoms, caressed it,
and fearing lest it might die, Or
dained it's baptism to be renewed,
and blessed it. What next? In
the early spring that followed this
imposing ceremony, a Court Of
Errors meets at the capital, and it
is summoned to trial with scarce
no note of preparation. Those
who had caressed it, blessed it, or
dained it in the Convention, now
have on their black gowns, and
with brows knit with solemn, ju-
dicial dignity, Saturn-like, con-
denim it to death and devour their
own offspring. Oh! horrible deed!
what a sacrifice to the Federal
Constitution!
The people deplorcd this tragi-
cal end of the "Stay Lay" )" they
paid honor to the dead; but the
living-the infanticide, they could
not reach. These stood behind
the iron gates of the Constitution,
covered by the broad @gis of 'good
behavior"
The Legislature was convened
by the Governor in September last,
for the purpose of executing the
prayers of Bill in Equity, to do
something for the "general relief"
ofthe people. This was the s'adap-
fo+iop: and Rc1;nf TnUis1a4IIre.