New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1842-12-24

common is it to find persons who Go not hesitate 70
| declare themselves opposed; but popular oPinio"'
say they, demands IL, and the Ia" shouio' Ine'
FORE lie SO modified as to be in accordance iheae
again contribute in tbeir Furn 70 sven the CURE
and thus the people are cheated or rather mace 70
cheat themselves, into the support OF doctrine
Which, If left TO their own unbiased Judgements
+he,, ,,opld have repudiated With contempt No
doubt nine-tenths of the thinking people Of this
State are opposed to the popular election of JUS
.ice, of the Peace and have been SO from the be-
ginnng and yet, precisely in this manner was the
measure carried and sustained, because each one,
though Individually hostile, was yet willing mag
unanimously to yield his own opinions to this spu-
rious and self-created popular voice. These manu-
lecturers of public sentiment always put HE IN mind
of Burke's comparison OF the grasshoppers, who
imagine that because they make the most noise,
they are the only inhabitants o! the field, and that,
therefore, Of course they many in number,
and not the little, sbriveled, rleager, hopping,
though loud and troublesome insects of the hour.
But even admitting that it exists, there can be no
greater mistake than to suppose that laws should
follow, instead OF elevatng and controlling vita
ted public sentiment, which ought TO be corrected,
rather than encouraged to worse and boider de-
mands. Laws are always better than the people,
because when based on sound and well tested pre-
cedents they represent only the experience but
the wisdom of mankind distracted from the ephe-
neral caprices and corrupt influences of the mo-
nent. Instead then Of bending and sinking down
to popular sentiment, they should rather aim by
rigid execution, to elevate this ever tluctuating
principle to their high and permanent stand
ard There are many strange things at the present
day, but perhaps nothing more so, than this sngu-
lar fact, that the very who on almost all sub
jects so ready to despso what we have sty led
the cor humonitatis or permanent Reason of the
race, are ever tho loudest in singing hosaDnas te
the ro1 popali Of the moment; even although in
SO doing they are often the wreched dupes of their
own ciamors, cheated by the echo Of their own
foolish voices.
There is no more convincing proof that the de-
claration of Genesis tx, 9th, is StatEe and net
an unmeaning prediction, than the fact that it was
thus interpreted by the unanimous concurrence
and practice &c the whole ancient world. Phllos-
ophers, legislators and poets all speak of 1t as
derived from primeval tradition, and as coming
from transcending th- memory of history.
II is the very precept which Aristotle produces
land with a striking resemblance in some OF his
terms to the language of the Bihle,) an exam
pie of what he styles unacrittess lar, not pecuiia
to Athens, or Maceoon, or Persia, but coextensive
with mankind and found among all nations civil
zed and savages. (Rhet j, 49, The ancient Poets
better expounders of the natural sentiments OF
mankind than the phosophers--ever speak OF i,
law having something peculiarly sacred and
holy about it, and differing in this respect from all
other statutes-thereby intmatng that special Di-
vine origin, of which have precise all
account in the Bible. The proof of this by
ferences, would demand an extended essay, and
we cannot enter uron it here. Allusion is merely
made TO it, because we really think that notwith-
standing our claim to make our own laws-ave,
and to break them too when we please-the de-
clara;ion Of God in the Bible, the voice of all
tquity, aud the uniform course of legislation
among mankind, ought to have weight in the
decision of this queston-at least equal TO that OF
the late enactment of the legislature Of the
lighted State of ew-Hampshre
We cannot avoid abiding to more argument
in the article which suggested these remarks. 1t
is said that Capital Punishment had become SO
odious in the State last mentioned, that it al
ready virtually abolished; jury could be
found that would hang convict." We never
heard before that hanging was any partot the duty
Of jury. In every other state except New
Hampshire that Office devolves upon the Sheriff
The jury are SwoTn to decide according TO en-
dcmce all matters of fact lawfully brought before
them; and it certainly seems to be very remarka.
hle reasoning, by which an increase Of the crime
of perjury, is made argument for abollshing the
natural punishment Of murder. In these days OF
ultra radicalsm, there are but few laws institu-
lions that are not called in question: however ven
cradle they may be in years, or whatever amount
of experience may have contributed to their es-
tablishment. Some gravely contend that treason
should not be punished because it would be perse-
cution for the expression in acts of political senti-
ments honestly entertained, however subversivc
fhev NAV ha of estahli. bed pu,horitiec Some
would abolish all laws against blasphemy, as incon-
sstent with the glorious right of free discussion.
Another class believe in the equal distribution of
property, and of course, must be conscientiOusly
opposed to the cruelty of furnishing for theft,
or taking what belongs to them in that state of
nature, the rights of which Society has usurped.
Some regard what they facetiously style the moral
sentiments of mankind, as indicated and controlled
by certain formations of the Uranium. These Of
course, would not only do away with the sallows,
bat would convert all cur State Prisons and Peni-
tentiaries into unatic asylums hos pitfalls for the
cure of organic defects. Aud finally, class by
no means contemplate in point of numbers, have
gone entirely through, and having reached the III
tina Thule of political wisdom, conclude that all
government is tyranny, and ali lac anla1ful.-
Now all these have good grounds for asserting
their right to commit perjury. as those who doubt
the propriety OF Capital Punishnents for murder;
and this rig they may exercise, whenever case
arises in which their wisdom differs from the wig
dom of the State, based on the experience of man
kind in all past ages. In the contemplation of
such state of things, We cannot help seri-
ously askins-Where are we, and whittier are
we drifting2 If the collected wisdom of the race
is so weak, fallible, SO little to be trusted, we
should really like to know what dependence can
h1, r