The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-10-22

limbo. The deficiency existed monIhs-nay, years
ago. 80 mach for the attention of the cashier. b.
Ths Obligations of CitiIens under Popular
Laws.
The following is an extract from the remarks
OF the Hon. Judge Woodbury., at recent SEES
sion OF the United States District Court, in Mas
sschusetts, on the duty IF enforcing and obeyng
he laws, notwithstanding they may be unpopular:
We ale safest in our capacity of public officers
TO always walk steadiasl III the path Of our duty,
: 10 execute the laws they are, while others, who
may make or retein bad laws, in the statute book
are answerabe for their own wrong. II they pre-
serve laws on the statute book which are darkness
rather than light and life to the people, theirs 10 the
fault. In some cases, also, where we think the
existing laws or punls hments are wrong, and
hence venture TO encourage others IN dsobedience
nv Degecting to indict and puDish offenders, il
should make US pause and halt, when il is remem.
bertd II may turn out that we, ourselves, may not
be exactly Solons or Solomons in these respects,
nor quite so much wiser than the laws themselves,
sometimes are hastily induced to suppose
II would be great public misfortune if these two
crimes should be committed, rather than one the
first by the breaker of the obnoxious law, the
second by any public functonary, who allows
the real offender TO escape unpublished II, for
instance, without looking to the experience of all
eges, and the necessities of the case, we should
not punish a seaman we ought, who pirate ally
runs away with vessel placed in his trust, OF who
commits a revolt under the paternal though severe
discipline of his commander, or who sets fire to
his vessel in the lonely wastes of the ocean, endan-
gerng, by example, millions millions of property,
and thousands on thousands of lives by the most
cruel and hOfrid burning alive which Imagination
paint, and this only under some slight provOca-
ton az to food and labor. we should neglect our
sacred and imperative duties, merely because, in
our individual opinions, that which is allow
ed by law, is not the most eligible course,
and that pare nts, and those standing in their
places, must spare the rod, however dsobedieat
the child. Or, If we hastily believe, because we
live under wise and glorious democracy for
adults there is to be no subordination by minors,
or apprentices, or seaRen, or soldiers. but all
things are to be decided by each for himself and the
child punish the parent, the sailor discipline the
captain, the militiaman or soldier issue orders to
his general, and if we attempt to act if all this
was legal, rather than what our fathers, and our
country, and Divine Revelation have duly upheld
as law, we may learn too late that such course is
dlsorganizng destructive TO all the best interests
of society here, and the best hopes hereafter Of
those who iDcoDsiderately indulge in it,
We may properly feel indignant at oppression of
every kind, mental as well physical. And no
sound principle, human or divine, requires US as
free men and as citizens, to approve what rea-
con and conscience condemn, whether in ordinary
giles OF right, which have filled history with victims
TO political oppression and martyrs to bigotry and
intolerance.
But the mode of Disappearing, the mode and
tiUic VI IcsSllng oil, VIC COlucHil, DC Ibnt
end legal, and, in an appropriate capacity. Ex-
IRENE measures can be resorted to properly, only
his citizens Ind after all others moderate and
appropriate are first tried and fail. Extreme rem
eCcs, too, are justihable only by citizens or legi5
lators and for extreme eyils-and IN capacities and
on occasions suitable. Hence, II a wrong hap
pens TO exist in some laws, il never be justi-
nca ton with jurors or Judges IN commit another
wrong and much less a chine. Ga the contrary,
considera tons like these should be an incentive 10
Us in our present capacities TO redress every spe
ces OF offence IL our powe r legally, and To protect
those who have suffered, rather than the aggres-
sors, so as to tempt the feeble and poor and OPP
pressed TO seek such regular redress here, rather
than Ia ke the law int their swn hands, interested
and rash, and become themselves, even execu-
TONERS ne less than judges and parties Miserable
must be The fate of that community, where the
ministers OF the law are themselves disposed 10
disregard IT, 10 aid, countenance and shield its vio
laiors. II the agents OF The law are 10 oppose IL,
unlets in justnable revolutions, If the great inter-
esis Of society are TO be wounded and sacrificed
by those who are appointed 10 become their senti-
nels or protectors, government will become
cursc. Aud Justly may We, as people. instead Of
being the envy of the world, become the scoff and
scoin IT all IN IL that lie Intelligent and civilized
and pure. And this whether such u betrayal of
public trus, sprngs from the deusions of false phi
lanthropy or fanatlcg prejudiccs less h IN wi
IL er,ses from unbridled bcentiousneSs.
IL is the more unfortunate when the want of
steadfastness and uniformity and fortitude
faieriDg courage in the execution of the laws is
cessary to ensure equal administration OF the
laws but are indispe nssOle to the general safety of
lite and property. For instance, everything is ex-
posed, detenceless, ucless all who would have
self 90 'ernmeht respected, are not Only firm in
making the laws. rather than cafrices govern, and,
rather Than the ysgaries If any individual, but
carry into Judicial life the lion heart in favor Of
Whit is established by the people large, in their
constitution and laws. You must be in the court
room neither umd children nor weak women, but
act worthy OF patriots, or martyrs, and before be-
lrg swtrVed To desert du'y end law, must perish at
The stake, or die, Roman senate, in your seats.
lou must dtspise the camoT which woul tempt
you 10 become unjust, and mast breast hravsly the
shock which prejudice or faction may give to un.
nerve you, and dsaim your tirmness, and under
NINE your deliberate judgments. You will hnd
that your business IN the halls Of justice is milk
and water concern, 10 be turned awry by tremu.
lousbess Of the nerves. or Mysteries or tales of the
nursery. But il is the lofty business Of men, high
minded men, IA the at business Of life and de attn
a. well as OF character and property, and is 10 be
proI erly performed only by those who dare do all
thst does become man though in the worst of
times.
There is no system nor safety in the aduinistra-
ton Of justice, except such settled, CERTAIN uni
form and inilexible adherence to established laws
established too by the r. ople themselves, and not
by despots or usurpers. The very idea OF law in
constitutional republic. involves the requisite that
Il he rule, a guide, uniform, fixed aud equal for
all, I'LL changed by the same high political power
and sovereign weight And IL is such laws, so
made and so upheld, which IL is our imperative
duty 10 sustain rather than thwart disregard Ii
10 maintain such laws, that all the great sanctions
Of Christianity and the eternal world urge on u.s. as
public officers, would point out with warning
dreed, and demand from us by all the hopes as well
as terrors Of future judgment.