Monopolies -- United States; Railroads and state -- United States
constitution to suit the views of the monopolists who are already
clothed with too much power. If it is important that men elected to
congress and state legislatures should be in sympathy with the people in
their struggle to regain their rights, now usurped by the different
monopolies of the country; and if it is necessary that the executive
departments of the state and national government should be filled with
men who are friends of the people and in favor of restricting
corporations within proper and legitimate bounds,--it is of vastly more
importance that the seats of justice, the courts of the country, should
be filled and controlled by men who, instead of deciding cases according
to their own personal views of what the constitution ought to be, will
accept it in letter and spirit as it is, and decide accordingly. An
inordinate desire to interpret the fundamental law, to give it a new
meaning, or, as it is commonly expressed, for amending the constitution
by judicial legislation, seems to have seized the courts, and has been
followed to such length as to make it almost impossible for even the
courts themselves to decide when an act is constitutional and when it is
not. A new decision is made as often as a new judge is appointed, not
unfrequently overruling the long settled decisions of the courts. These
decisions, no matter how absurd or unjust, must be accepted by the whole
country as the supreme law of the land. Of late years, by accident or
design, most of the decisions on questions of a general nature have been
adverse to the interests of the people, and in favor of monopolies.
Newly appointed judges, scarcely warm in their seats, have not hesitated
to overrule the decisions of "Marshall," of "Story," and "Chase;" to
disregard the views of "Webster," of "Adams," of "Jefferson," of
"Washington," and "Hamilton," on constitutional questions. Their own
personal views have been substituted for constitutional law, until the
protection that instrument is supposed to afford the private citizen is
entirely destroyed, and the absolute control of the government is
transferred to the few monopolists, who, under the sanction of the
courts, oppress the whole people. Whatever reform may be effected in the
legislative and executive departments of the government, no real reform
can obtain without a reformation of the courts.
Public-domain text, read in full here on John Shaqi.
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