The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1876-03-30
Amaersp,a gatelligeusss.
The Judiciary.

The Judiciary.
At the celebration of st. Patrick's Day,
18th of March, by the Fibernian Society
of Charleston, the following sentiment
among others was proposed:
"TuE JUpIc1ARY.-In peace, the safeguard of the
rights and liberties Of the citizen"
This was responded to by Judge j. P.
Reed, who spoke as follows:
Mfr. President and Gentlemen Of the HI
6ernian Society: The sentiment just all;
nounced, and to which l have been re-
quested to respond, has been repeated on
most festive occasions since the organiza-
ton of the government of the United
States under the constitution Of 1857.
1t was prompted at the outset by the con-
fidence which our fathers reposed in the
judiciary, as one of the coordinate de-
partments of the government they had
arranged for the protection of life, liberty
and property. That confidence was JUS
tilted at the time by an experience of
more than ahundred years, during which,
the conservative power and influence OF
the judiciary in protecting the right and
Furnishing the wrong, had been illustrated
in the lives of host of upright and in
eorruptible judges, who sat upon the
bench of the mother country. From 1887
to 1860, that confidence was gradually
strengthened, not only by growing ad-
miration of our peculiar system, but by
the characters of the judges, Federal and
State, who had adorned the bench during
that period. Who of this audience, or
in all this country, that will recall the
halcyon days when the laws were e1-
pounded and enforced, in the United
States, BY such men as Jay, Marshall,
Taney and their associates, and in South
Carolina by DeSaussure, Harper, john
son, Johnston, O'Neal, Duncan, the
Wardlaws, and a host of others of like
judicial integrity aud purity, but will be
ready to exclaim, that Justice did, indeed,
in those days occupy her own throne IN
both the Federal and State tribunalsY I
Since 1860 great revolution has swept
over our country, involving for time ali
of our institutions in one common ruin;
and as they have gradually emerged from
the chaos that surrounded them-been
reconstructed, in popular parlance-such
changes have been introduced into our
system in South Carolina, and particular
ly in the department of the judiciary, as
to amount to little less than total de-
ysruction of its identity. Previous to that
time the tenure of the judges was for life,
OF during good behavior, and they were
thus removed alike from the fluctuations
of public opinion and the caprice of cap:
tious legislators. Our whole people had
been educated to respect the judicial Of
fee, and to look to the judges as the
source from whence justice sprung. Then
the laws were fixed and stable; legisla-
tive sessions short, inexpensive and free
from venality; taxes were low; public
Integrity the rule; official accountability
universally recognized and rigidly main-
tanned, and the several departments of the
State government, each revolving in its
appropriate sphere, worked together so
harmoniously that the people only knew
they were governed, as they witnessed it,
in the quiet protection of all their rights.
Now all is changed. The laws many of
them are new, conflicting and without
judicial construction. Corruption has
entered into the body polite, and its
baleful influences have been spread
abroad over the land. The judges are
elected for brief period, generally on ac-
count of political afiliation, and to secure
ssaats election are often required to 60
upon the hustings and bedraggle the
ermine in the dust before they are enti-
tied to wear it. And brief as their term
is, incorruptible as their integrity may be,
and however boldly they may go forward
in the conscientious discharge of their
legitimate duties, they are not unfre-
quently compelled to pause, and respond
to efforts, made by constitutional con-
ssruction and otherwise, to destroy their
rower for usefulness, and limit still fur
ther their brief term of office.
Hence, taking into consideration the
great changes that have been wrought in
our institutions by the war from which
we recently escaped, it is, I submit, hard
ly fair if charity be still virtue, to con-
trast too sharply the judiciary of the
present day with that which blessed the
State in ante -bellum times. But howev-
er striking the contrast when drawn may
appear, it is gratifying, Mr.. President,
from whatever impulse it may spring,
that this presence should be prepared to
unite SO heartily in complimentary sem
tinent to the judiciary. 1t may be that
the acclaim is induced to some extent by
a knowledge of the fact that there are judg-
es on the bench at this day who were init
mately associated for years with some of
the old judges referred to in administer
ing the laws, who, following their exam
pie in the modes of administration, with
ont claiming to be equal in their judicial
learning, do earnestly seek to rival them
in maintaining the purity and integrity
of the judicial Office. Or it may be, and
probably is, that your complimentary re-
ception of the sentiment is prompted by
the hope of the better day coming, when
South Carolina shall stand reformed, not
OILY in her judiciary, bat in all other de-
partments Of government. If this be
the motive that moves you, you have my
earnest sympathy; for I concede that if
your judiciary has not the confidence OF
the people it must be reformed, until
placed on that elevated pedestal, as abso-
futely requisite to- the welfare of the
Commonwealth. Corruption, fraud and
oppression may be endured for a time in
tie other departments of government;
but when the people lose confidence in
the integrity of t. sir judiciary.tha1t last
resort for the protection of life, liberty
and property-the end is not far of.
Patience will cease to be virtue, and
they "will take up arms against sea Of
troubles, and, by opposing, end them"
I congratulate you, however, Mr.. Presi-
dent and gentlamen, on the efforts that
have recently been made, and the partial
success that has attended them, to reform
the State Government in all its depart
n.ents. at your last anniversary pre-
dicted that Governor Chamberlain, as the
ST. Patrick of the day, would continue to
beat the magical drum OF reform which he
was then sounding until he would expel
n cl.x-