Year: 1868

THE JUDLCEARY-VIEws OF AN
EMINENT SOUTHERNER.


Hon. Alex. II. Stephens, being recently
questioned in Washington upon the condi-
iion Of the country, gave some striking
views Of what he regarded as the future
Of the county. Speaking of the Judiciary,
he said-and the example is very impress
sive, in view of what is now going on in
Washington, in reference to the impeach-
ment Of the President and the assaultupon
the judges


! When Lord Coke was questioned how
! he would decide on a question which in
volyed the establishment of the judiciary
upon an independent footing, he replied,
/ 81 shall decide it as becomes Judge TO
decide" The great English jurist was
overthrow for holding position so widely
adverse to the Crown; bat being sent to
Parliament, be at once used every effort
to carry out the movement which had thus
been inaugurattd. The contest was prose-
cuted with great energy and determination,
and led TO the celebrated nineteen PROPOSE
tions. This was the first substantial step





been centered in the Crown.


The government established by the colo
nies recognized the federative system, and
formed constitution embodying the gov
ernment trinity-an executive to enforce
the laws, a legislative 10 enact laws and
Judiciary 10 protect, construe and interpret
the laws. The efficacy of this system, which
then became practicable, if not an Ameri-
can idea, certainly then became an Ameri-
can institution, and to all the nations in
modern times that have been struggling for
the same system, probably in more modi-


lied form as regarded the hniversality Of
the exercise Of these powers as a franchise
Of the masses, the utility of the system as


well as its tendency to develop the material,
| intellectual and social condition. But the


events Of the past few years have assumed


a reactionaTy tendency, and in the legisla-
! tive body Of the nation a very palpable
| disposition is shown to Capitalization, and
not only as a controversial question of the
! relative powers and asceCdancy of the re-
preventative body OF the government, but
a direct usurpation Of the freedom and
isolation of the executive and judiciary


in their own spheres of action. The curbing
of the freedom of the judiciary is a fatal
blow to the Justice or the force Of the
laws. By controlling the exercise Of judicial
power in the exercise Of its grave and re-
| sponsible duty, il would be impossible to


have any other than decision snch a. the
| legislative in the enactment Of laws con-
| templated should be the purpose Of the
| law. Therefore, no matter how directly


10 violation Of every sense Of justice or
constitutionality, the law would stand un-
opposed, and the decree of single power
| unchecked in its exercise and uncompro-
missing in its effects. Impeachment had


the same tendency. Though the Constitu-


ton provides for Impeachment, the ques-
| ton of crime or misdemeanOr is one which
| involves in the present case an intermin-


able inquiry into the legitimate scope of


the Legislative arm of the government into
| the constitutiOnality Of laws which il is al
legged have beer violated, and whether the


franchise OF citizenship, freedom of opin-


ion is suppressed for the time being, during


the investment Of the high official func-


tions Of President But one thing is GER


tain, he remarked-the precedent estab-
lished will be equivalent TO an aggression


which might be at any time repeated if the


absence of subserviency on the part Of the
executive should give rise TO a division


with the legislative. In this view the pro-
1 iected measure is inimical to the indepen-


dence, the dignity, the inviolability and
| the spcnrify of the exaputive office