The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-02-08
CHI Ar L E S TON {.
SATURDAY MORNING, FEBRUARY 8, 1868.
TIE Judiciary


One of the most alarming signs Of the
change in public sentiment is the attempt
10 break down the judiciary. Congress
seeks to do 80 by requiring that its legisia-
tion shall not be pronounced uncoustitu-
tional, except by a two-thirds vote OF the
Supreme Court. If this measure shouio
prevail, the concurrence of six Judges OUT
of eight will be requisite to save the rignts
Of the people and the States from the usur-
nations of the national legislature. Ana
Mr.. MORTON, emphasizing the warning with
6st. blow on the desk before him, intlmates
that even this barrier will, if necessary, be
swent away. Mr.. GREsIEY, from his Tri-
bune. Significantly inquiries why the opin-
ion of few legal minds in the Supreme
Court should prevail against the opinion Of
the many legal minds in Congress. The
judiciary is in danger of being reconstruc'
ted as recklessly as the executive and tho
States have been.
| We see from the draught of constitu'
tion now under discussion before the con-
yention now in session in this city, that the
Judiciary of this State will also be assailed',
and may possibly be degraded. Hence
forth the judges are to be made candidates
for popular favor. They are to be elected
most of them, by the people. And they
are to serve, not for life as heretofore,
but for periods of two, four OF 'l4
years. What sort of judges nay 4
State expect, under such ooa'N ut'' !
.tudges by election, at time va. iiver-
sal suffrage prevails, and whcn r't one
eleotor in dozen Gun r,il or write
judges by election, at II ~ when every
available candidate is di- Ter ignorant and
| inexperienoed, OF alien nj hostile Judges
by election, at time when, the tempest Of
revolution still di=charging its fury,
..The rushing t. cs bring things obscene to
] light, :,
| sisat.'
Judges By election, at a time when Q taiAa-
tive tailor, trim barber a polished boot
black, sweaty plough-boy, may aspire TO
every high Office; and obscure officials and
bene6ciaries, hungry consumers come forth
into tho sunlight from their sordid retreats,
GAS maegots crawl from out perished nut !"
To ndopt such q measure, at such time,
would lust turn the temple of justice-;yea
the whole State-into Redlam, and would
j prepare our people to welcome military
despot, reigning by his own will, as apuo-
lie benefaotor.
Foreigners accustomed to the cerenonl-
GUS order of European affairs, have Won
dered at the violent excitement and sudden
change of an American political election.
Yet they have been less surprised by the
extravagant excesses preceding the cleo
tion. the Ibels, bribes, drunkenness and
riotous, passionate outbursts, than BY the
sndden subsistence of the storm when the
election had ended. But now an elective
judiciary will not only multiply these con-
ficts but perpetuate them. To assign to q
mere partisan the guardianship and appli-
cation of the laws is to make the strifes OF
party organic and immortal.
That government is not republic where
the people manage public affairs them
selves. That court is not o conservator Of
social order, where the people, by frequent
elections, bias or overawe the judiciary.
For precisely to the extent to which this
tribunal is made partial and unjust, is i'm
posed upon the citizen the necessity of re-
dressing his own wrongs. Even delay of
Justice was thought so intolerable griev-
anoe, that provision against it was incor-
porated into the great charter Of England.
But the measure now proposed involves the
perversion and Illustration of justice.
The Judge should be elevated quite above
the chaugeful caprioes and passions of the
. multitude. A calmer sphere than theirs
pertains to the minister of justice. His
province is to declare, expound and apply
the laws. He needs, not popular favor, but
personal weight of character and manifold
experience, to fill with dignity and benef-
cence his high station. Hence, the longer
in Office, the better; and the more indepen-
dent of party associations, the better. Sub
: iect him to the temptations of The candi-
date, and you shall have, not justice on the
woolsack, but prejudice, venality and obse-
ouiousness to the mob and the caucus. No
barrier against the violence of power, no
, defence to helpless innocence, no check on
! popular license then remains. The law
: then becomes, as some old writer describes
it. a mere oobweb for flies, while the wasps
and hornets break through. Tde court
ceases to be temple; it is theatre where
tragedy and farce alternate, and you can
} not tell which of the two is more terrible
In speech made by DANIEL WEBSTER in
New York, on the 10th of March, 1881,
occurs this memorable passage: "What we
possess is hardly fit to be called our own,
, unless we feel secure in its possession; and
:hio security, this feeling Of perfect safety,
} cannot exist under wicked, or even under