HARVEST HYMN. BY MRS. EUNICE T. DANIELS. GOD of the rolling year! to thee Our songs shall rise -whose bounty pours In many a goodly gift, with free And liberal hand, our autumn stores. No firstlings of our flocks we slay, Born of thy breath, the lap of spring Was heaped with many a blooming flower; And smiling summer joyed to bring The sunshine and the gentle shower; And autumn's rich luxuriance now, The ripening seed the bursting shell, No menial throng, in princely dome, And fields of waving grain are ours. No ruthless robber rends away; And here shall rise our songs to thee, DUTY OF THE JUDICIARY. BY JEREMIAH MASON, LL. D. THE Constitution of this State, and that of the United States, apparently jealous of the encroaching tendency of the legislative power, have not only defined it with caution and exactness, but have also, in many instances, where from former experience the greatest danger was apprehended, guarded it with special prohibitions. But these "parch ment barriers" will have little effect, unless carefully guarded, and firmly defended by the judiciary. The powers are divided, and granted to separate and independent departments, to the end, that each may, in its turn, be checked and restrained, in any attempt, to exercise powers not granted to it. To restrain the legislative department from overleaping its boundary, the chief reliance is placed on the Judiciary. That the courts of law, not only have the right, but are bound to entertain questions, and decide on the constitutionality of acts of the legislature, though formerly doubted, seems to be now almost universally admitted, But an erroneous opinion still prevails, to a considerable extent, that the courts, in the discharge of this great and important duty, ought to act, not only with more than ordinary deliberation, but even with a degree of cautious timidity. The idea is, that these are dangerous subjects for courts, and that they ought not to declare acts of the legislature unconstitutional, unless they come to their conclusion, with absolute certainty, like that of mathematical demonstration, and where the reasons are so manifest, that none can doubt. A court of law, when examining the doings of a co-ordinate DUTY OF THE JUDICIARY. 379 branch of the government, will always treat it with great decorum. This is proper in itself, and necessary to preserve an harmonious understanding between independent departments. So also, it ought to be, after the most careful deliberation only, that a proceeding of such co-ordinate branch should be pronounced void, — because the result is always important. But the examination is to be pursued with firmness, and the final decision, as in other cases, must be according to the unbiassed dictate of the understanding. An act of the legislature must, necessarily, have the sanction of the opinion of a majority of a numerous body of men. It cannot therefore be supposed, that the reasons, against the validity of such an act, will ordinarily be so plain and obvious, as to leave no manner of doubt. To require then, that courts shall abstain from declaring acts of the legislature invalid, while a scruple of doubt remains, is nothing less than to demand a surrender of their jurisdiction in this particular; in the due exercise of which consists the chief, if not only efficient security, for the great and fundamental principle of our free governments. Experience shows, that legislatures are in the constant habit of exerting their power to its utmost extent. They intentionally act up to the very verge of their authority and are seldom restrained by doubts or timidity. If the courts, fearing a conflict, adopt a course directly opposite, by abandoning their jurisdiction, and retiring whenever a plausible ground of doubt can be suggested, the time cannot be distant, when the legislative department "will draw all power into its impetuous vortex." : The security of private rights is the only valuable and important advantage, which a free government has over a despotic one. If the rights of individuals must be liable to be violated by despotic power, it matters not whether that power rests in the hands of one, or many. Numbers impose no restraint, and afford no security. Experience has shown, where all the powers of government have been united, that their being exercised by a numerous assembly, has afforded to private rights no security against the grossest acts of violence and injustice. The legislature can make laws, by which private rights may become forfeited. But the courts of justice are alone competent to adjudge and declare the forfeiture. While the legislative and judicial powers are kept separate, it can never be competent for the legislature, under any pretence whatever, to take property from one and give it to another, or in any way infringe private rights. Were that permitted, all questions of private right might be speedily determined by legislative orders and decrees; and there would be no occasion for courts of law. The deciding on matters of private right appertains, plainly and manifestly, to the judiciary department. It constitutes the chief labor of courts of justice. As then one department cannot exercise the powers belonging to another, it follows, that the legislature cannot rightfully assume any part of this jurisdiction, thus belonging to the judiciary department. The province of the legislature is to provide laws, and that of the courts to decide rights, according to the laws. Were the courts to assume the power of making the laws, by which they are to decide, their judgments would be arbitrary. Because, in making the laws, they could have no other rule than their own discretion. So when the legislature, whose right it is to make the law, assumes the power of adjudicating, the separate powers of government become united, and a despotism is created. And accordingly, it will be generally found, that where legislatures have attempted to interfere with private rights, they have decided with little or no regard to existing laws, but according to their own arbitrary discretion; or in other words, by the exercise of despotic power. OUR MOUNTAIN HOMES. WRITTEN AMID MY NATIVE MOUNTAINS, ON THE FOURTH OF JULY. BY MRS. SUSAN R. A. BARNES. THE glad, green earth beneath our feet Yet wherefore wakes a scene like this Why do we love our mountain land? More beautiful her daughters! By deathless memories haunted, Go fling a fetter o'er the mind, Why turn we to our mountain homes |