Herald and tribune. [volume] (Jonesborough, Tenn.) 1869-current, 1895-06-12
Public Opinion,

1t is easy to believe that the recent
decision of the Supreme Court in the
income tax case was the result in large
measure of the pressure of public opin.
ion. This does not apply that the JUS
tices acted from unworthy motives, or
sacrificed their dignity and integrity to
popular clamor. There is no reason to
doubt that they severally did what
they thought was right and best; but
in forming their views as to what was
right and best they were undoubtedly
Influenced more or less by tho prevail
ing sentiment upon the subject. Under
our form of government, this respect
for the judgment and wishes of the peo-
plei is notonly permissible, but in a sense
imperative. The courts, like other
agencies, are bound to take heed of the
known drift of public opinion, or they
will incur the kind of criticism that
disparages reputation and weakens the
force of authority. They are not ex-
pected, Of course, to render decisions
contrary to the law, or to palter in a
double way with doubtful questions;
but they are expected to shape their
general course according to popular de.
sire in matters that involve considera-
tons of popular interest and impor-
lance. 1t is not for them to say that
the voice of the people may be treated
with contempt of indifference. They
are themselves the creatures of the peo.
pie, and they a not afford to assure
arbitrary and autocratic functions in
dealing with issues that relate to pub
lie rights and fundamental principles.
Our political history shows that the
privilege of freely criticising judicial
decisions has always been exercised.
10 cite a striking example, when the
bred Scott decision was made, the pro-
test against it was prompt and EN-.
phatic, because it conflicted with popu-
lar opinion and substituted nicety of
legal construction for rules of natural
right and justice. 1t was not accepted
as an absolute finality. A great DO.
litical party arose to antagonize it and
to work for its reversal. There was
nothing revolutionary in that form of
resistance to what was considered a
perversion of the spirit and purpose of
the Constitution. No %sacredness was
attached to the decision, no obligation
of citizenship was violated in opposing
it and seeking to obtain a better one in
place Of it. Strictly speaking, it merely
fixed the law of the land for the time,
and was like an act of Congress in the
respect that IL was subject to change
at a later time. 1t was obnoxious to
the general sense of equity and reason,
and that was sufficient cause for refus.
ing to accept it as a conclusive adjust
ment of The question. Legal technical
tiles and ~precedents were brushed aside
by public sentiment in favor of the
laws Of nature; and the Court stood
condemned as a false interpreter of the
Constitution, a supporter of the most
monstrous of existing iniquities.
The fact is that in all of our affairs
public opinion is the ultimate determi-
ming force. 1t may be slow sometimes
In making itself irresistibly felt, but it
is sure in the end to have its way. The
principal secret of successful states.
manship is the ability to comprehend
and utilize this tremendous power.
That has been the distinguishing quail
ity of all the potent characters in poll
tics. Lincoln called it keeping close to
the people, and often said that instead
OF controlling events. he was controlled
by them. Such a policy is necessary
even in countries where the monarchi-
cal system exists. Bismarck frankly
CONTESTS that in his remarkable career
when he seemed to be practically omni.
potent, he was really subject to the
wishes of the people, and could not
have accomplished his objects if he
had mistaken or disregarded them.
That is the uniform testimony of all
men who have held high places and
brought important results to pass.
Public opinion is the influence that
counts for more than all others. 1t is
not clearly deinable, and nobody can
tell just how it originates and grows
and becomes pervasive and triumph.
ant. But it is always in evidence when
an issue arises that has a bearing upon
the rights or interests of the masses,
or that relates to any vital principle of
politics, of jurisprudence, or of moral
ity; and it must be obeyed by those
who exercise authority of any kind
st. Louis Globe Democrat.