The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
Americans are proud of their country and of their State. They
are proud of their scheme of government, by which an imperial
world-power has been created for certain national and
international purposes, resting on a collection of States, each
of which is an independent sovereignty, absolutely as respects
the others, and for the most part as respects the United States.
They are in the mass an educated and intelligent people. The
public schools have thus far been found adequate to Americanizing
the children of foreign immigrants. The colored population of
the South stands largely by itself, and constitutes no active and
self-moving force in matters of political concern. An educated
and intelligent people living under a government of written law
of their own making cannot but know how vital it is that this law
should be fully guarded and fairly administered. Americans have
become distrustful of their legislatures. They believe that much
of their work is ill-considered, and that some of it has its
source in corruption. They are far removed from the chief
executive magistrates, and from the sphere in which they move.
The President comes nearer to them than the Governor of their
State because he stands for more, and personifies their country,
but it is not from him that they look for peace and safety in the
ordinary affairs of life and home. They look for these to the
courts, and they know that they will seldom look in vain.
Only an educated and intelligent people can live under a written
Constitution. It requires of those whom it governs a certain
spirit of conservatism, a certain sentiment of reverence for
ancient institutions. Our Constitutions are mainly the work of
former generations. We may amend or recast them, but the
substantial framework will remain the same. Our Declarations of
Rights speak the language and the lessons of the eighteenth
century. Their provisions are almost wholly aimed at our
executives and legislators. They give guarantees which the
judiciary only can enforce. No people can steadily prosper
unless a just mean be preserved between reform and conservatism
in the administration of the government. The courts stand for
conservatism, but by their recognition of custom as law, and
their free use of logic and analogy to develop law, they also
keep a door open for the entrance of reform.
The courts also come very close to the people. They are to be
found in every county and almost every township. They settle the
estates of the dead. They protect the living. They act largely
through juries made up of the people and returning to them after
a brief term of public service.
Public-domain text, read in full here on John Shaqi.
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