Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1886-03-07
JUNIUS.
4 ycu Phase u Political Discussion
IN This Country Unconstliu'
ilonal Legislation.
rb. political Paradox in rsxas-rowers
wnhin Powers, aud Laws with
90, Foundation.

LONE HOLLOW, fcO. aps~~NVFNf"lPN'''
IA. perhaps, the most lnyolublc Of all
sciences, not naturally or inirinsically,
Int from the impefiectlOn Or more APP
preparatory pure cusscdness Of human
nature.
II was woli.known apothcgn Of some
great English lord "thnt England could
mover be- ruined but by 4 parliament AL
ludipg ~ course 60 the judicial depart
mGnt of parliament as constituting the
hlqhoet aud greatest court Ia the king
dom, over which none other could have
any jurisdiction. And IN truth II may DO
said that tho citizen cafts, and may care
bot little for the other departments OF
government they may reok with corrup-
tl0n and ii pravlty, or rival The pomp aud
luxury ~ Sums rurkish soraghlio yetso
long as he has an honest, Intelligent IN.
dependent aud pure Judiciary % appeal
to In ito projection Of ms rights, whether
from the aggrrssl1ns and assaults OF gov
ornmontor the individual citizen, hcfeols,
aud may vol feel, assured that not only
hls own personal liberty aud rights, but
tho constitutional liberties ~ his country
arc safe, and In the classic language Oi
the old Roman he may rSclalm, Esto PER
pctnai Indeed, the judiciary Is the
sanctnm sanetOrnm ~ goycrnment--tho
choid'oenyre Ia politics, the prlmum
mobile In the HE and action,
the alter ego OF the citizen, the looum
tenons OF Gods throne, on earth, no far
M tho wisdom and genius OF man can
make II. II lays down with the citizen,
sleeps with him, riser with him ana iol-
lows bin into NIL the pursuits and ayoca-
lions OF lie, ever willing aud ready pro-
renata 10 ghleld him from and protect
him against all wrong on the part Of
either government or the individual cltl.
zen,
That tbia, the greatest and most lm-
portant Of MI departments Of government,
whethofin reference 20 the state or the
fedora government, IA not properly dls-
charging The great and high duties linz
posed upon u ~ apparent 10 even the
casual observer We have reference
particularly 20 our supreme and appellate
courts courts OF deruior rcsUrt--and
not TO inferior -uisl prlus courts-how-
ever corrupt aud oppressive they may at
times become, because their corruption
aud oppression result more, perhaps
from Illegal and unconstitutional lcgisla-
ton designed % lead and control them IN
the administration OF justice than from
any other source. Even discretionary
power. over what the constitution Of
Texas terms inallenablo rghts--flghts
specially excepted out Of tho general
powers OF government and declared TO bo
forever inviolnte--is given these nisi
prlus courts BY Legislation IN Texas
Tho citizen hosltatcs TO appeal TO these
courts OF dorller resort even IN cases Of
the most fragrant violations Of conatitu.
tiOnal right, because OF the latter day
custom prevalent with them Of making
laws instead OF dccislonsof creating
public policy OF their own rather than
protermittlng that question TO the law.
making department Of g0vornment--and
further, what IL stll worse, because OF
tho modern methods employed by these
higher courts in constituting ConStltu-
tional grants Of power as well AZ consttu-
tional reserved, inkllenablo rlghtA, meth
ods that are fast converting the best and
frcest government on earth into the
yllost dcapOtlam and most dobasing oil
gArChy that ever existed, methods that
80 noslng round, like an old Roman cen
Hor, or like Diogenos with his light,
going through Athens 10 search OF mn
honest man, To- ind some excuse either
IN morals, public policy or the general
welfare" for palpabe unconstitutional
legislation, aud II, liko Dlogcnos, they
fall In this, thoy take up the clearly wrong
nhsutdlty OF modern constitutional con.
atruCtion and limitation, and actually re-
luao TO give the constitutional high
est law In the land--the Magma Churta of
tho liberties Of the people the benefit OF
any doubt whatever, TO say nothing OF a
a.. Ia ltHn
TO the yllest criminal IN the land. In u
word, loose aud latltudnous CON
Ftruction, az constitutional grants
Ut power as well M constltu.
tlonal reserved rights, borrowed not
from the constitution but from tho pre-
amblc 10 II and what they call public
policy, both OF which are unlimited as
thc unlimItod grants Of power derived
from them, prevails In contrad lstinotlon
toa strict aud rigid con ,truction ~
taught by Tho authors aud founders OF
constitutional liberty In this country,
And thus IL II that In this nood.tidc OF
corruption aud error aud perverted con.
atitutionai powers that threatens, en-.
gulf tho people In worse than Egyptian
darkness aud blaoknose, these higher
courts, standing as tho last barriers bee
tween the people and anarchy and ruin,
fail 90 fulfill the great and honeioont
purposes and objects OF their creation,
Public morals are duhauchod, society de-
nornllzed, the family dcthroncd from It's
high pedestal and dobased, aud the most
sacred constitutional rights " ludiyldu'
al clulcns and states Invaded and VIC.
lated with au impunity that invites still
gtcRtcr aggrossions Even the public
press, that great palladium Of the lihpr-
Ties of the people, ~ muxaled and its In
dependence aud usefulness attempted u
bc destroyed by one OF tho modern eoi
distant judicial decisions, In the name wa
suppose, 81 this unlimited general wei
iarc or some Imaginary but equally
unlimited public policy In n more
pointed plannpr upon a sim.
liar theory Of constitutional con
stfuollon, hut more IN the Interest OF par
tlean prajudloo aud actioual hatred ant
strife than anything olae, we have seer
tho supreme court Of the United state,
approve aud aillrm !he Illegal and uncou
stltutloual legislation OF congress Ia ere
ating so.callod bastard little state out ol
few counties belonging to old Virginia
whom Il was publicly proclaimed BY the
leaders IN congress at the time that euct
legislation was publicly proclaimed b,
the leaders IN congress at the time tha
a /.