The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1873-11-26
Habeas Corpus.

While it is true that the Supreme Court is not
beyond the limits Of newspaper criticism, that AL
/ judicial decisions must be passed upon in the
court Of public opinion, yet, it is scarcely ueces-
sary to hold. that all such criticism must be made
with exceeding care. It Is the duty OF the Press
to sean all legal proceedings to ferret out and i'm
peach Judicial corruption and to condemn fncapa-
city. But in a case Of mere difference Of opinion,
it becomes tie critic to carefully weigh his words
and definitely to discover premises for all of his
conclusions be must familiarize himself With the
legal points and technicalitss of the case before
be can pretend to comment upon decisions made
BY men whose business aud profession it is to
understand the laws and questions arising under
them. Respect for law aud confidence in the
tribunals of the nation is of the highest impor-
lance, and its strength among the people should
not be causelessIy shaken. especially IN country
like this, where the supremacy of law is the chief
balEark of strength against dangers to the integ-
rity Of the government, whether of internal or
foreign origin.
The basty aud unflvorable comments that have
been made upon the fnaI judgment in the Glen
sannox habeas corpus case, are much to be re-
gretted on several grounds. A case involving
one Of the highest and most sacred of human
rights that Of personal liberty, is carried to the
final appellate court, and after being heard With
all possible fitness and accommodation to all
concerned, is adjudged with unusual deIiberation.
in behalf Of humanity. The equality and Impair
TALLY Of our law Is indicated the equality Of all
who come under its jurisdiction, whether as citi-
zsns or alien guests, is established an invaluable
benefit is conferred upon every individual in the
nation, and yet the decision is received By many
with anger and disappointment as if they had
been personally wronged thereby, and Why 1t
Is uuquestionabe that the commerce Of the port
suffers more or less BY the execution Of rlaHs
n such cases. and If the business profits which
might be made OFT Of few chance coolis ships
are Of surprising and vital Importance, the results
Of the case may be called unfortunate.
Two important points are brought up by the
feeling of dissatisfaction With which the fnaI de-
cision has been received the discretion OF Judges
under sta,nte lay. and the proprety Of the uni
versaI right Of habeas corD1s.
Under the first head the prevailing idea Of the
powers Of the iadge Of the higher courts is very
vague The distinctions between law and equity
are not intelligeutly understood. It is said that
the laE-statute laE-msy Be modified BIZ Judi
cia authority. for the public good, in the decision
Of cases. A moments candid thought would con-
vince any one Of the untenable natare of such |
theory, while the study of certain chapters Of his
tory viii clearly show its inssparabe evils BY /
facts, il which judieid immortality and corruption
ere rendered Infamous The positive rule clear
y understood. that judges Of any court have not
even a vestige Of discretion for modifying the
exact statement and intent Of statute law. will 1
help to = defaits comprehension both Of the
merits Of zz cases and Of the responsibility Of
Judges
10 regard to The Psliey Of making The right Of
Habeas eorpus universal it is deeply to be regret
led that there Is any doubt upou the subject
here. Personal liberty il the grand basis Of all
'ur rights, the security Of all that man can hold