The true Democrat. [volume] (Bayou Sara [La.]) 1892-1928, 1912-12-28
Rights of the People.

lSOW, III opllC VI IhC loSI SAoI VAN
people have so long acquiesced in The
supremacy of the judiciary, we final
ly find the congress of the United
States cautiously considering its right
| to re.enact an income tax after a law
embodying that idea had been de-
clared invalid by the supreme court.
1t was contended in that great de-
bate, by senator from New York,
that such an act would be violation
Of "the dignity, respect, sacredness
Of that great tribunal" The last
phrase is a strange one in a repub-
| lie. The idea that any authority in
state is sacred had its origin in the
| theory of the divine right of kings.
In the beginning of all history the
Hebrew commonwealth was theoc-
racy. The visible rulers - priests,
judges, kings-were the vice-regents
of an omnipotent and invisible mon
arch. They held their authority by
virtue of divine warrant and their
acts were sacred. Modern despot-
ism retained the idea. 1t therefore
followed that all criticisms of the
acts of such rulers were dangerous
and destructive treasons, and there
grew up the doctrine of laesae ma
jestatis.
The intent of this doctrine was to
prevent any criticism of those VINO
exercised sovereign authority in a
government. It was established by the
Roman state, and it has been follow
ed by both the English and the. Ger
man empires. The American people
got rid TO it with the Sedition Law
of 1898.
This idea of the Hebrew common
wealth has been curiously taken over
The theory that the acts of priests,
prophets, judges and kings were sa'
Tered, was a prime postulate in the
THEORY Of the Hebrew state. 1t must
he remembered that one of the pre-
blended offenses for with the Jewish
Isenate tried Jesus of Nazareth was
THAT of laesae majestatis divinae, and
lit was the fact that Caiaphas pre-
TENDED that he had entrapped the
prisoner into an admission of this SUI
kpreme treason that enabled the high
Ipriest to make the dramatic gesture
with which that trial closed.
| When the divine right of kings be.
gan to be questioned this high pre-
erogative moved over on to a surer
base-namely, that all sovereignty,
wherever and however manifest, was
entitled to immunity from criticism.
The exaggerated dignity engendered
by this doctrine attached to the body
of the king and to his presence. The
Icourts first enjoyed it because they
psat before the king. Contempts for
the court, under early English law
swere thereby high misprisons and
Iwere desperately punished with the
loss of life and limb.
i When the courts came finally to sit
ELSEWHERE than before the king and il
his palace they retained this high
Iprerogative. 1t is at the base Of the
idea to this day that there shall be
Hno criticism by the people of the
acts of the judiciary; but the sugges
ton of any sacfedness in the courts
: of justice has not, to our recollection
been advanced since the time Of the
Hebrew theocracy until the amazing
Buttersnce of Mr.. Elihu Root in tho
United States senate.
1t is natural that the citizen should
have come to regard the courts witt
Ma certain awe. They are the instru
Iments that punish, and it thereb!
Happens that he confuses the Origin
d OF authority with the manifestation
j. sof it. This is unfortunate both TO
= himself and for the officers OF TIT
Ell court. He is apt to fall into servili
II ty and then into a certain arrogance
e If he remembers that the authorit,
e exercised by the courts comes from
l. the people he will accord to then
s. dgnified respect rather than suppl
rel eating servility; and il the officer
IS Of the court remember that the pow
lie er they exercise is not personal, Blu
delegated, that element Of persona
TX arrogance which the people reser
ID will disappear.
,yl Often in the courtroom one hear
r. the Judge on the bench is using laI
E. guage to the citizen which, If use
I'd to him by the citizen, would be hel
le a contempt. "You fool" the INTEL
st gent looker-on would like to say: :"
e. the citizen speaking thus to you Is
N. contempt of court, you, speaking TIL