Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1869-06-24
UNCERTAIN JUDICIAL DECISIONS.
r. ,,,s +bonoht that IF all fi1tnre even

It was formerly thought that, Of all future events
the verdict of petit jury was the most difficult to
predict. But in these days such verdict has be-
come matter of tolerable certainty, compared
with the decisions of their "honors' who preside
over the settlement of vexed questions, in all
manner of courts, from the magistrate in his office
to the Chief Justice on the Supreme bench Of the
United States. The verdict Of jury can be fore
told in two guesses as it must be either guilty
or mot guilty. in the criminal court, and '1orthe
plaintiff or "for the defendant inthe civil court
And when once given, the thing is at an end so far
as that jury is concerned.
Very different is it with the decision Of court
Who can tell beforehand what will be decided law
or what constitutional, when there is no question
but has been decided on both sides, and sometimes
by the same court? And furthermore, when par
ties have gained favorable decision, what assu-
rance have they that such decision will stand, when
presented to another court? There is an agreea-
Bile variety of views in judges, which forbids any
suspicion of their being tied down to the opinions
of predecessors. Most assuredly every man of
them forms his own ideas of the law and the con-
stitution. Even when two of them happen to
agree in decision, they arrive at it by different
routes.
While it is highly creditable to the originality Of
chiefiustces, judges and magistrates that they ex-
pound the law, in total disregard Of one another
views, serious consequences ensue. There is no
standard authority to tell what is law. The only
effect of decision is temporary. 1t stands until
the next court, but is by no means precedent.
The chances of its being reversed by the next
Judge who comes along are fully equal to the
chances of its being sustained. =
Another evil consequence of the instability OF
judicial decisions is that it begets loss Of respect
for the dignity of the Judge primarily, and OF the
constitution and laws secondarily. Men pay much
less respect to vacillating authority than they do
to one that may be relied upon as fixed and consis-
tent with itself When decisions were precedents
and established the construction Of the constitution
and laws, they were reverenced asimportant But
since decisions have become so common and so
contradictory, they are looked upon as matters OF
little consequence
In like manner, the law is reverenced in proper
tion to its fxedness and clearness Of meaning. AS
soon as it is couded by contradictory expositions,
people begin to disregard it and disobey it. This
is partly from selfish motives, but it is also DUE in
no small degree, to the fact that they do not know
what the law is. For example, let US ask why
there has been so much difficulty in the settlement
of old debts. Is it not chiefly because there have
been so many irreconcilable decisions upon the va
dty of specie contracts and negro debts, the home.
stead exemption, &C.?
It is sometimes said the country is cursed by too
much legislation; but it is no less true that it has
been cursed by too many judicial decisions.