New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-12-24
judicial Arrogance.

II ia common in these days Of intense po-
liticsl excitement to hear much that sevoFs
Of distrust Of .'executive power" - II our
very liberties were trembling in the scales
because the occupant OF me Pfeelasns;sM
chair, in the performance of his high dutaee
a chief officer of the nation, fearlessly acte
up to the letter and spirit of his responsible
position. 1t there is any real danger OF
executive encr0schment, it becomes query
also whether there lie not greater danger OF
judicial usurpstion. We conceive that there
10 something more strongly indicative OF
usurpstion in the judicial branch OF inc
government than in the executive; ana
recent occurrences at the South are strik-
inglv suggestive OF practical sggressi0ne
upon personal liberty end the rights OF
citizens while acting under their 0aths OF
Office and in the performance OF important
public trusts.
If ever the arrogance OF the courts vas
brought wildly before the public mind it
has been in the late proceedings OF the Su-
nreme Court of South Carolina in the timing
and imprisonment of the members OF the
Canvaseing Board of the State. 1nci-
dental to that autOcratic act the language
of Judge Willard is really noteworthy.
With an apparent forgetfulness of the in
firmities of human judges, and how oft arc
their errors of judgment; unmindfuI, aisos
of the Bible declaration that 1.-THE judges OF
the earth are vanity" and that 'iastice
and Judgment are" alone '.the habitatlon
of Gods throne" this would be minister
Of Justice addressing the full court
land referring to the members OF the
Board of CAnvassers, imposed OF gentle
men who doubtless were intending to be as
true to their oaths of office as those judges
were to theirs b thus expressed himself: II
can not believe that when these gentlemen
come to consider; when they come tonight
to aek the protection and favor of their God;
when they recall the sanctity of their 0aths
of office-I do not believe they will longer
resist the power of this court. This court 10
clothed with majesty; We do not speak the
voice Of man; We speak in Judgment; and
Judgment is the voice of God"
Here is decl aration of judicial preroga-
tive and sanctity which clothes the Supreme
Court OF South Carolina with "majesty and
power" which exalts its judges ABOVE the
scais of Q COMMON humanity to speak, mot
the voice of man, but the voice of God" for
it is assumed they speak Judgment" and
Judgment is the voice of God" Shall the
Judges OF the earth be accounted ''demi-
gods" that their rulings may fill with awe
the minds Of menP Shall any branch or de-
partment OF our Republican government be
40 far exalted "a TO lift it up above the
level of terrestrial things"
But where, or in what, is the interpreta-
ton of this tendency to judicial aggression
and assumption of power and of sanctityf
To our mind it is largely in the training Of
our people to an undue exal tation of and
obeisance to courts OF law. There is some
thing in the very formula aud service Of
courts we'll calculated to produce q feeling
of awe in the mind Of the beholder. So
great is the disparity created between the
Judges on the bench and the citizen Whose
office it may be to render service
to the court as witness or in some
other form). that it begefs an i'm
periousness of bearing. Ofstimes the
private citizen, sworn TO give witness Ito
the truth, the whole truth and nothing but
the truth" is addressed by the court in .
spirit and language which reveals very
plainly the tendency to assumption of
power. To giva free expression of thought
to acts of judges while in their official
rObes-to call in question decisions of Su-
preme Courts-may SO far offend as to re-
suit in the issuance of q warrant for the ar
rest OF the offending party, and he ia incar-
cerated in felon's cell for daring to ques-
ton by just criticism some unrighteOus
decree of an erring court: for judgments
Of courts are sometimes unrighteOus.
There is much in the doings Of courts de-
serving of criticism; but the almost I'M,
limited power exercised by judges in arrest
ing for what is conceived to be a contempt
fer their DEGREES operates as check upon
the freedom of the press in the indulgence
of healthy criticisms
There is something singular in the toler-
ance of an almost unlimited license in
structures upon q Legislature, and even
upon the doings of chief executive, in
contrast with that restraint which exists in
relation to judicial acts. If an oftense is
committed in the ibeliug of . court let the
offender be arraigued by due process Of law
and tried by jury Of his peere. Quiet
submission to the practice Of the courts
in bringing summarily to their bar those
who reflect upon their doings or final judg-
neutrality-suspicious. or unrighteous-on the
ground that there has been a contempt
of their high authority-gradually pre-
pared the way for this outrage of
the Supreme Court of South Carolina upon
the Returning Board OF that State. Let
there he submission to. or Endorsement of
acts like this, and it will be but little
while before legislative AID other bodies,
by the mandates of courts. will be confined
within prison walls. - Boston Common
aceolta.