The examiner. [volume] (Louisville, Ky.) 1847-1849, 1848-02-05
Jussice

Vel. for what are governments estaolisneo'
-, chi, enc thing Our bills Of rights---our
.,i,utiops-our laws-all our official acts
-; ar profess TO stand, on this basis. An
English writer says
- exclusively, for the administration Of
- They are, or ought 10 be, emphaiicaiiy,
Ssf.nSers Of every individuals rights. Their
~ - most wanted where trespass Is most
The weak, the Poweriess, they whose
- ,Biags. Whatever they may be, lie most ex-
- 20 depreciation by every inconsiGerate
sssr-by-who have no private means Of pro-
Ps,;o,. no opportunity for making their voice
- ,s social influence, none Of the appllan-
. of moral force which may be brought TO Dear
e~,in.t transgressors by the more fortunate
-r.s.,s-these are the men who stand IN most
- If iustiee-and, alas, these, too, are the
IN whom Governments, AS they exist, almost
.ay,riably leave TO right themselves il they eau.
Mich of the evil may originate in tina; parti-
.l,v of legislation which, Like the stream from
sh.fouptain necessarily, because naturally, well
-, fr,u a tainted ssurce-a class-chosen house
- -sprese natives. But not little of il is TO be
.,t,ibated 10 those executive contriyances which,
consulting the advantage Of the administrators
sfI.r ia preference 10 the protection Of those
;, uhose behalf they appointed TO act, place
,,.,ics At such a height, as TO be far beyond the
y,-,eh Of all who cannot 60 up TO her mounted
mon sufficiency Of pecuniary means. In theO-
- tmay be true that our tribunals are equally
md i,npartislly open TO all-but 50 long ss law
s.m,stery more profound than even the black
=, ana whilst all its processes are made 80 in
,-ie,te. as TO place every subject at the mercy Of
an interpreter and guide, so long shall We have
"a s,plore that the administration Of justice by
Iii Governments is a boon offered only to a
iss-aud that class the least considerable in
,smler, the least exposed 10 wrong, and the
mos; competent TO find or force reparaton, Of all
xhO own allegiance TO I" the powers that be"
Nav we not apply much Of this language to
sar own land Must We not admit, that we
TOO. have cause to complain And why is ii
so Our theory is right Not a man brssthss
WHO'S not entitled to the protection of the law.
Not ore 10 whom justice is denied . Condition
make. no difference. None 90 poor a. to be
above he law none 50 rich, or powerful As to
DENY il. Justice is dealt equally to all Iteovers
with lis mantle the lowly, and guards with its
sword the rich. This is the tkeory Of our gov
ernmeaL-Yet, here and every where, men
complain of injustice. Why is it Says the
writer already quoted;
.Semsthing, unquestionably, must be set
soWn 10 the account Of the insurmountsbs de-
fsctiyeness of all our institutions, and 10 the
limitations by which all social possibilities are
bounced But we think we may in strict truth
fitness assert, that were the heart in its right
plscs, its pulsaiions would be more regular, and
would reach with comparative ease the e1trem-
lie. Of the system. II, in the framing of our
lsws-if, in the constitution Of the machinery
by which they are dispenssd-if, in the appoint
ment and the maintenance Of the officers 10
whom this business is entrusted, the one end
were kept steadily In view, as christianity dc
ta,ss, Of righting the wronged, Of shielding the
weak, Of opening a refsgs for the otherwise de-
f-aosles,, Of minIstsring suceor TO all whose Po-
stion in society lays them open TO the wiles OF
fraud or the irruptions of imperious selfshness,
then would human ingenuity discover means Of
surmOunting most of the difficulties which now
beset the subject. Before a determined spirit,
and loving heart, the ''lion in the way" would
speedily retire. The great evil 10 that, in these
csys Of civilization, mans rights are limited
pretty much to his pecuniary acquisitions, and
that the protection Of his wealth 10 regarded as
far more important than the protection Of his
Just liberties Hence the poor are treated az
though they could have no occasion for seek
ing justice, As having nothing whatever to de-
fena, and therefore nothing 10 gain at the hands
Of law"
Admit ths-what followsl Why that "the
fght" for justice will 20 On-that the many will
conquer. For what To DO justice! But will
ii b. DONE 1t may be, but the danger is, that
society will go to another extreme. Hear our
English author, and ponder well on what he
saws, for he is a christian man and would make
christian men true to each other:
The very nature Of our theme, however, and
the ,acrsd light in which we are sttem pting to
view il, forbid US to indulge one-sided spirit
In ordinary times there may be little danger OF
rank and wealth, merely such, being denied
that Justice which is much their claim az
that Of the poorest member Of the community
But i will sometimes happen, as the natural re-
action Of along course of oppression, that mel
Of the purest intentions and most praisswerthy
conduct come under a sort Of public proscrip-
ten. simply because they belong to a once-domi
nsnt class. Few are the instances in which
this spirit reaches the judgment seat. it not the
lsss becomes US to frown upon il in all its mas
cent proportions Our own times witness the
uprising and growth Of a new form Of injustice
sspurious and mawksh sentimentalsm, which
can discern in poverty nothing but virtue
zeal for the destitute and the ignorant which Il
blind to their vices, and which panders TO tbei
inensest selhshness-a cant which assumes |
tone Of generosity, pity, and charity, but onl
in behalf Of the physically unfortunate. Al
sins originating in the low places Of society arr
deit with leniently, as yenial errors. The whis
per OF aattery is breathed into the ear Of 18th,
people," the "sons Of toll, as though il equal,
becomes those who utter it and those for whom
f.f ,s.r - nd nil
eontsgiOus-it may hereafter affect public opin
ion Itself; and the matter 10 be feared 10 lest
when every sject Of the realm shall have at
tainsd his political rights, the poison now a
work may be found to have untitled him for tn
righteous use Of them. But the wronged ar
the wrongec, whether they be rich or poor; AM
to the one as well as TO the other tresoass is al
Infringement upon that which 10 his due
Christianity awards justice to all alike, withou
needing their external condition; but Il sane
tons retaliation as little when resorted to b.
the many as by the few. The feeling we con
denim may fer aught we know, indicate warmth
Of heart, but we doubt il. Its symPathies ar
linked with class rather than with humanity
and in day Of triumph would prompt, we fear
TO an indiscriminate indulgence Of the popula
taste.
Justice, let II never be forgotten, IL that whicl
ssslgns to every man his ovn-and all the ap
Para'us, forms, Offices, proceedings, necessary Z
The administration Of justice should constitut
the vsriousl membered body Of which this ide
sh0uid be the ruling spirit. Quirks, strstagem'
surPrires, regard for the temper Of the age, tn
fno"n will Of those high in authority. or tn
supposed safety Of time-honorsd institutions
are ony disturbing influences whom allowed
come between the judgment-seat and the bal
pronounce upon the facts In each case, care
ioily ELECTED, and to declare the law in relatio
them, is the proper business Of those to whor
ue Chief Magistrate and the Imperial Legiss
tore, have committed the dispensation of jus