Mexico weekly ledger., 1882-09-28
THE SUPREME COURT.

GTiCtS TcpuDiCdfilSfU W uCfHdS Jeu-
erson, and states that "there has been
since the war ten years experience
under a republican supreme court,
a part of which was Judge Wagner,
and ten years Of experience under a
democratic supreme court, member
of which was and is Judge Sfsss sood,"
and that its several dsllootatic and
republican judges antseonixpd each
others rulings.
No time need be spent ID vindica-
ting Jefferson's history. 1t is well
known that Jefferson opposed Hamil-
ton, who favored strong government
and a latitudinoas Interpretation OF
the constitution for the purpose Of
feentralizing it.@H Is also quite as
well understood that Jefferson left
Washington's cabinet to organize a
states right party. He was indeed,
the especial, If not the original, advo-
cate of general government restricted
to careful constitutional limitations,
and in the broadest sense of that word
a strict constructionist- and if the
republican party is a party holding
and practicing his peculiar views, few
besides the writer alluded to under
stand anything about its principles
and tendencies.
The characteristics and glories OF
modern civilization, the development
of the steam engine, the introduction
of railroads, and telegraphs, the dis
covery and application Of machinery,
increasing human production perhaps
an hundred fold, and our existing
common school system were all pos
terror to Jefferson, and, therefore, the
relations of transportation, labor, cap
ital, education, Legislation. and the
judiciary have since assumed new
phases; but the example and teach
ings of that illustrious statesman may
yet be referred to with profit by both
republican and democrat. His prin-
ciples of human liberty will be i'm
mortal, and his political doctrines
based upon them viii stand While.
American constitutions endure. The
Republican proposes to discuss these
interests of our times unaffected by
any Federal Question. ~ Were Jeffer-
son alive he would hold they all came
within state jurisdiction. The mat
ters, therefore, to be treated do not
relate to the peculiar differences of
the republican or democratic parties.
Both agree that the state shall attend
to such interests. 1t is not which
shall legislate the general government
or the state, but how far egislation
shall go, what shall be its aims and
methods, and. what the province Of
state judiciaries and judges that di-
vide parties in this State.
But the mention of Jefferson was
not inopportuneY + suggests san sad-
mirable illustration. 1t is just the
views of our national constitution,
taken on the one hand by him and
by Hamilton on the other, that is the
key to the diverging democratic and
republican requirements of a supreme
judge, if the Republican truly repre-
sents what its party demands.
The writer in that paper alhded to
asserts the following rule. - !
"The good of the people is the
supreme law, is the highest law of
the State, to which the supreme court
as the humblest citizen must reverent-
ly bow" a:s g. Js a.5 50 ',-A i
"The republican supreme court
obeyed this higher law in the interest
of the citizen and state"
These short extracts, in connection
with what has been said about Jeffer-
son and Hamilton, will impsyP to
every intelligent demscratie feIler,
WHO holds that constitutions formed
by the people and the laws passed by
their representatives, and not higher
laws Of any sort, Are what courts
ought to respect, very good. idea Of
what sort of judge the RepublseaH
would put on the supreme bench if it
could. An its deIiunciation of Sher-
wood and praise Of Wagner is for the
purpose of electing higher law judge.
Now whatever else Judge Sherwood
is, he is not q higher law jurist,, and
IF he were he would not have received
democratic nomination. The csun-
try has had enoughof radical higher
law judges in the past. The remem-
brance of their fantastic rulings is too
fresh to need reopening. "Salus pop
ati sapresee leo est is grand motto
for free and sovereign people; but
no statesman Yarthy-sf the name
indeed, none but republicans-ever
conceived lobe rule for judges
IN then adnimistratipn sc NV, The
ApeopN best understand WHAT swif nj pfo.
pste their welfare, and not their in
dividul judges, who might take very
different views4ef the matter. 1T is
their right to provide for ,thepn hic
good aha dot their ;corpA land Ills
aRa'btsd seatencswas Haea nppn
the seal Of state to viraicste That
sightsHJudge Wagner is jurist-
as our writer seems to indicate-will-
ing and ready to place the widest and
most latitu.iimds construction io.sii-
BILE upon every constitutional and
statutory enactment and common law
principle. he would en- that ~aceeunt,
if on no other, be highly injudicious