Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1898-05-05

with the courts, and let the will OF
the temporary and shifting majori-
ties settle all questions of power and
Iright," while at the same time from
others comes an earnest call for the
adjustment of disputes between ma
tions through the peaceful processes
of arbitration. Courts for disputes
between nations; but no courts for
disputes between the government
and Observation-Disclosures the ma
jority and minority. These disso-
nant voices only accentuate the fact
that within our heterogeneous body
politio there are depths as well as
heights. -.
1t is mistake TO suppose that the
Supreme Court is either honored or
helped By being spoken of as beyond
criticism. On the contrary, the life
and character of its justices should
be the objects of constant watchful-
ness by all, and its judgments subject
to the freest criticism. The time is
past in the history of tho world when
any living man or body of men can
be set on pedestal and decorated
with halo. True, many criticisms
may be, like their authors, devoid of
good taste but better all sorts of
criticism than no criticism at all.
The moving waters arc full of life
and health !; only in the still waters
is stagn&tion and death.
| remember seeing in an East
ern paper, Immediately after the
decision in the well-known in
comc-tax case, a most cxtravagant
eulogy upon the Supreme Court
as the great defender Of the rights
of the few States against the many,
and of the accumulation of property
against unconstitutional assaults.
And when thereafter, by that court,
the act of Congress denouncing all
contracts. combinations and conspira-
cies in restraint Of trade was held
applicable to combination between
railroads to prevent competition in
rates, that same paper contained an
article expressing the most cxtraor-
dinary surp ise that men supposed
to be of ordinary intelligence could
be guilty of such a stupid blunder.
The one article could be condensed
in a single clause, CA Daniel came
to Judgment; yea, a Daniel" and
the other in the equally short and
expressive phrase, can ass within a
lions skin" Now, tits tho inalicna-
bic right of every American citizen,
according to the peculiar construc-
ton of his organs of hearing, to re-
cognizc in the judgments of that
court either the voices of q Daniel or
the braying of an ass.
1t is often said that the courts act
as though they had no confidence in
the people. But surely that is a
gricvous misunderstanding of the
truth. On the contrary, they have
the most abounding confidence.
They believe that when the people
framed the organic law they meant
that it should be the measure of all
rights and the limitations of all
powers; and when they intrustcd to
the courts the duty of determining
whether any single act conflicts with
that organic law, they meant that
those courts should discharge that
duty in the fear of God and accord
ing to their unbiased and deliberate
judgment. They have abundant
confidence that the people will honor
them for their loyalty to this duty in
the face of all opposition and'dcnun-
citation, and he, in tho long run, will
alone receive honor at their hands
who in every time of question and
excitement stands firm by his convic-
tions.
n judge is not Indifferent to popu-
lar approval, but it is that approval
which comes at the last and
not at the first thought. Never
was there grander judicial utter
ancc than that which fell from the
lips of Lord Mansfield as an ex-
cited populacc surged up against the
gates Of Westminster demanding q
Judgment according TO their notions
81 wish popularity, but it is that
popularity which, follows, and not
which is run after. 1t is that popu.
larity which sooner or later never
fails to do justice to the pursuit of
noble ends,by noble means" And
to-day, despite all tumultuous and
passionate cries, it is as certain as
Holy Writ that that Judge will be
forgotten who simply bends the eager
ear to catch the rumblings of tho
popular voice, while the immortal