Capital journal. (Salem, Or.) 1893-1895, 1895-06-05
PUBLIC OPINION

come tax case was the result 10 large
measure Of the pressure Of pubic Opin-
loo. This does not imply that the jus
tiees acted from unworthy motives, or
sacrificed their dignity and integrity to
popular cIsmor There Is no reason to
doubt that they severally did what
they they thought wEs right aud best; (;
but Ia forming their views ss t. what
was right and best, they were undoubt.
edly Influenced more or less by the pre-
vsiling sentiment upon the subject.
Under our form Il government, this
respect for The judgment and wishes Of
the people Is not only permissible, but
10 sense imperative. Tie courts, like
other agencies, are bound to take heed
Of the known drift Of public opinion,
or they will incurr the kind ofcriticism
that dispsrages reputation and weak
the force Of authority. They are not
expected, of course, to render decisions
contrary to the law, OF 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-
tions of popular Interest aud import
ance. 1t is not for them to say that
the voice of the people may be treated
with contempt or Indifference. They
are themselves the creatures Of the peo.
pie, and they cannot afford Ito assume
arbitrary and autocratic functions ia
dealing with issues that relate TO pub.
lie rights and fundamental principles.
Our political history shows that the
privilege of freely cnticising judicial
decisions has always been exercised.
To cite striking example, when the
Dred Scott decision was made, the
protest against 1t was prompt and EN-.
phAtic, because It confficted with Popu-
lar opinion and substituted nicely Of
legal construction for rules of natural
right and justice. 1t was not accep-
ted As an absolute finality. A great
political party arose to Antagoni2e 1t
and TO work for Its reversal. There
was nothing revolutionary in that
form OF resistance TO what was consid-
cred q perversion Of the spirit aud
purpose Of the Constitution. No
sacredness was attached to the decision
aud no obligation OF citizenship was
Violated In opposing It and seeking to
obtain a better one In place OF 1t.
Strictly speaking, II merely fixed the
law of the land for a time, and waH
like an act OF congress In the respect
that II was subject to change At later
time. 1t was obnoxious 10 the general
sense Of equity and reason, and that
was SUFFICIENT cause for refusing TO
accept IL as oonclusiYe adjustment Of
the question. Legal technicalities and
precedents were brushed aside by pub
| lio sentiment Ia favor Of the laws Of
nature and the court stood condem ned
~ false interpreter OF the Constitution
aud a supporter Of the most monslTous
Of existing inlquilies.
The fact ls, that Ia ali our afiairs,
publie opinion 10 the ultimate dslsEmiD-
ing foros. MAJ be slov Ia making
itself irresistibly felt, but II IL sure 10
the snd 10 hsys lie way, The phnd'
pal secret Ia successful statesmanship
10 the ability 10 comprehend Apd util'
lIs lhls tremendous power That has
been Ihs distinguishing qaslily Of sll
she potent ehsfAolsFs in politics. Lln'
coin called u sesplng oloss 10 the pso-
pls, aud ohsp said that insissd " eon'
lsolling sysnls, he sss controlled ~
thsm, lsush policy Il nsossssFy even
M eoantdss " here lhs nlonsIehlsi sys
lsm s1lsis lilsmsIek fisnsly eoeiss-ss
lbss IA hls Fsaafksbis osFesf, shsp be
sssmsd ~ 10 pfsesiesliy omnlpotsut
hs ~ss really suhjsol - shs slshss "
ihs psopis, sud oould Not bsys seeon'
plishsd h.s sblseis " hs had mis,sksa
~ alsIsssfdsd lhsm, That u lhs asl'
foFm lssllsaBy ~ sll msp shs hsss
hsla hlgh plsess spd blaarhl lmpalt
sni rssulls a. pAst faplie annlen 70
lhs ipaasaos ihsi epgBs foi plegs thea
"a eihss a spul elssny dshesbls,
IA a...a A..