ion in the exercise
of his physical and mental powers and as much liberty to enjoy the
fruits of such action as is consistent with like liberty for other
individuals, and with such restrictions only as are necessary for the
welfare of society as a whole without discrimination for or against
any individual; and (2) that that justice is more firmly secured by
a government with a division of powers, with a written constitution
excluding from governmental interference such personal rights as
long experience has shown to be necessary both for the happiness
and efficiency of the individual subject and for the welfare and
efficiency of all; and (3) finally with an independent judiciary to
defend those rights when assailed, as they often have been, and will
be, by impatient and changeable majorities.

It may be admitted that the courts sometimes err in their
interpretation of the constitution and the laws, since judges, however
carefully selected, are but men; but there must be somewhere in the
body politic of a free state some body of men with the power of
authoritative interpretation of the fundamental law as well as other
laws. Does earlier history or later experience point to any better
equipped, more stable, more safe tribunal? Should not the people
endeavor to raise rather than lower the position of the courts; to
conserve rather than impair that freedom, impartiality, and
independence of the judges declared by the people of Massachusetts in
their Declaration of Rights, after years of galling experience of the
contrary, to be "essential to the preservation of every individual,
his life, liberty, property and character"? Are not they the
reactionaries who, despite the lessons of history, would revert to
the days of a dependent, recallable, and hence timid judiciary?

But justice is not fully and certainly secured by the maintenance
of particular political institutions, however excellent. Political
institutions are not self-acting. They are only instrumentalities
for the action of society. They are not only to be established and
maintained; they are to be administered, and the best institutions may
be maladministered. Even under such a system of government as I have
endeavored to show to be the best yet devised to secure justice,
injustice is still often suffered by the individual or by society.
Oppressive statutes within the legislative power are too readily
enacted. Abuses in administration are too long permitted to exi