The Middlebury people's press. [volume] (Middlebury, Vt.) 1841-1843, 1843-05-03
WISDOM OF THE PAST.

! The following is an extract from very
sound and able Charge delivered by Chief
Justice Hornblower, of New Jersey, to the
Grand Jury of Essex county. at the opening
ofthe Courts in January, 1913.
| When these giants in human intellect can
tell me whence Moses derived bis science
in legislation, without admitting the SUPER
natural and divine authority of the ten COM
mandments, | shall begin TO listen with more
reverence 10 The teachers Of human perfect.
ibi lity. 10 that short and comprehensive
code, we find given to US a perfect rule of
action, covering the whole ground of mans
existence-a rule not only prescribing our
duty TO God and man in our external behav.
Tor. but reaching to the secret thoughts and
feelings of our hearts. in every possible con.
dition of life, and in all our relations to our
Maker and our fellow beings. The wisdom
of ages, the learning and philosophy of the
schools, have never discovered single de-
feet in that code. Not virtue, which is
not there lnculcaled-not vice, in its most
shndowy and doubtful form, but is there
prohibited. Whence, then, ask, did the
great Jewish law-giver derive his spirit of
legislation d? II that code was written by
the finger of Almighty, let US bow 10 it with
holy reverence, and seek no better rules of
life, nor any wiser principles of action. But
If they emanated only from the capacious
mind, and were dictated py the wisdom of
Moses. then Moses was a wiser, a more
IF h.
and | had rather be under his jurisdiction,
ard keep his commandments. than learn
new rules of civil poity and social inter.
course from the most learned and wise of the
present day.
These remarks may be out of the usual
course of Judicial addresses, but am per.
suaded. gentlemen, they are not inappropri-
ate 10 the age in which we live, the occa-
sion upon which we have assembled, and the
duties upon which we are about TO enter.
In this day of novelty and excitement,
when all the powers and elements of mind,
in the literary, political, and religious de.
pnrtments of life seem TO be in commotion,
1t is well for US to pause, and recur, for a
moment, 10 first principles, that we may see
where we stand in this great conflict, and
return. if we have wandered. TO the good
old way of truth and common sense. Be-
sides we do not meet here only in the cold
and official dignity of magistrates, but in
the character, and, am sure, with all the
kind and friendly feelings of neig hbours and
and fellow citizens, and there is no reason
why, when so met, we should not commune
toget her on topics so vitality interesting 10
US all, as members of one great social and
political family.
There is, gentlemen, as | have recently
re marked, in another place, necessity for US
all, as men and as constituent members OF
the body polite, renewedly 10 avow, and 5y
our conduct in all our relations IN life to
manifest our attachment TO law and order,
in opposition 10 that spirit of insubordina
tior and rnisrule which is evidently spreading
itself over the land, as modern codes CT "a.
tionalsm and reiterated appeals 10 the less
informed, and 10 the baser passions of bu.
man nature, are loosening the bands of so.
ciety, and breaking down The broad and es.
sential landmarks between vice and virtue.
Crime seems TO be loosing its guilty aspect,
and assuming the milder features of mere
indiscretion. lts.perpetrator, whether stain.
ed with human blood, or polluted with pee
ulalion and fraud, already shares more large.
ly in the sympathies Of the public than do
the injured victims of his malice or ungov>
ernable passions while anything like pun
ishment of offenders aguins, law and justice,
has almost come TO be considered as an act
of savage cruelty, and relic of the barba.
rous ages. Instead of being punished, in
the legal sense of the term, for the injury he
has done 10 the community, the offender is
10 be pitied and pardoned or, II most. TO be
comfortably provided for at the public ex-
!; pense, during a temporary confinement.
That am not extravagant in these re-
marks, we have had recent and melancholy
proofs in neighboring States. II is but a
few days since jury who found themselves
compelled by the evidence in the cause af
. ter the most patient and deliberate examin.
alton of the case, 10 declare upon their oath.
! that the accused had given the fatal stal
. that laid his victim bleeding corpse at hi
J feet, in the "phrenzy of passion, and with
out any cause to justify the murderous deed
Immediately after rendering their verdict
, and almost as soon as it was recorded, unit
: ed in petition to the pardoning power
D that the convict might be ereused for wha
he had done, exonorated from all punish
: ment, aud be restored, with his bloody hant
I unwashed, TO all the rights and privileges o
an American citi zen!
t These sympathies, it is true. may b.
t traced to an excellent quality of the human
, heart. and they deserve our esteem, wheI
/ no; carried 10 such an excess as encourage
crime, and shows an utter disregard of wha
, we owe to the majesty of the laws and tn
well being of society. But sympathize q
. much as we will, there is such thing a
I punitive and retributiue justice, even in tn
9 government of HIH whose very name i
s Lore, and one of whose glorious attribute
: is mercy-and that philanthropy which sym
il pathizes more with the eonrict than it doe
J. with an injured, insulted, and suffering com
!. muniiy, is Of morbid and sickIy character
It and scarce deserves the name Of humanity
Q I, for one, have no confidence in thos