The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-11-08
Society and Lysch Law la California.

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The executive is undoubtedly the weak side Of
the ultra democratic theory Of government. IL il
very well TO tell US that the people are the only
source Of legitimate power and that all fanci ms,
Legislative, judiciai, and executive,-Gre only
delegations TO Individuals Of the inherent Ugh. of
the body polite. This resolution of all questions
Of govelnm into the relation Of principal and
agent works pretty well so long as the matters in
question are complicated, and such as the masses,
though claiming the right, nave not the power to
manage for themselves. But in the simpler acts
Of popular sovereignty, there is always danger lest
the ruling democracy should sweep aside its dele
gates aud exercise the powers Of govern nent 10 its
own person. his we presume TO be the theory
upos which the acts OF Lynch law, now so unfor-
tunately associated with the name OF California,
are defended by the Thousands who give their
presence and approval to their Preparation Some
such sedative to the conscience mutt be- for II
is TO conceive that Thousands Of persons
who have been instructed, however imperfestly, in
their duties as citizens and Christians, should APP
paud the preparation Of a gross insult to popular
sovereignty aXd wiltul and deliberate murder, did
they view the matter in that light. Yet what
.olhhm can be more transparent The people who
make the law and appoint the executive are the
whole population Of the state, legally convened and
solemnly celebrating. The people who set aside
the executive, and take the Law into their own
bandf, or rather abrogate it altogether, are mul
titude casually collected, led or as all mutitude;
are, by a few persons actuated By furious passions
and gratifying the love Of vengeance and the thirst
for blood, under the abused forms and hollow mas
quersde Of justice. IL it be true that power
less than that which founded a constitution caa
abrogate il, the sovereignty of the people itself Is
ranpled under foot by proceedings which, how
ever great may be the number OF accomploes in
their guilt, can never attain the solempity or
authority OF the acts by which IL is sanctioned
The practice Of this model republic presents Gu
riOus application Of the fayorte principle Of compe-
ution. In order effectively to prevent dangers to
life and property two rival executives are called
into existLce and set to work Independently Of aud
in hostile opposition to each other. " Him that
eseaIeth the sword Of Jehu shall Elisha slay,"
mient be adopted as the motto Of the Californian
Vigilance Committee. There i. is not "statutes
that CLEAN the refuse Of the sword, but rather the
sword that gleuus the refuse Of the statutes When
crime has been committed the law puuishes all
that it can, and the Vigilance Committee, the Anti.
tyle OF the law, wreaks its vengeance on the re-
nainctr Ibis competitive and concurrent iufs-
detion Is lew ature IN the drcery annals Of the
Lraconic code Of lynch. Formerly We were accus.
toned to consider Lynch lav as a remedy oa.y TO
be justified on the tyIaIts plea Ofncccssity Ia eases
where such summary measures could al ne prevent
he eteaIe Of some great criminal from Justice
but IN Cslicrrie, Il nch law bsars 20 tie estab-
.is1ed jursprudeIce Of the country some yha, the
sane relation az courts VI equity TO their sister tr
buIals Of tie common law % permits the ordinary
rbrhais to proceed 20 long as they proceed accord
Xxx to its wks and only iaterferes to correettaeir
eirrs CT to iupply their defects
4 each Ct these kitds Of jursdictOn our late
accounts from Caiiiornia afford striking and terrible
irfiaLcCs. at san Francisco, the Vigilance Com
mi;tce had obtained possession Of the persons OF
Two criminals, ard was about to execute justice
upon them after its own suu mary fashion. The
govern nent fell into the error Of considering that
such nstttis were rot exclusively the province Of
the Niglarce Committee whenever il chose 10 act
rescued The prisoners, and pla-ed them 10 the iai
Ct the city. They speedily found cut their rnir,
take. In the cTen dgy with overwhelming force, the
criminals were recaptured, and hung With every cir.
cpmsance Of Iulicity, in the presence Of the whole
population Of the city. The coroner immediately
held his inquest on the bodies, and the jury found
Seroict which clearly implied that the law against
Duiotr has 70 application when life is taken away
at The bidding Of a multitude There was toleri.
Dlytr'k Competition between the two executives;
TIE popular @ and for blood exceeded the regular
suIpy, and the igilance Con- mttee undertook 70
make up What was waiting. The second case was
at Sacramento. where three persons having been
con6t nDec TO oeath the Governor respited one and
elt The law TO take Its course TO the other two.
AfiCr they Rad been executed under the uthority
q the sheriff. that cficisl withdrew, and LEFT his
Place TO be occupied by the selfarpointed ministers
ut pcIu ar vtDgcsucc, and in the same place, on
the sam gibhet, the criminal whom law IA resped
but whom lswless force condemned, met the same
fate ss bis comrsnors Thus, In this 20 called free
con mJry has arisen an arbitrary power engrossing
oitsUf The virdictive era terrible, unrelieyed by
any o. The mild and ctncatory attributes Of roy
slty. Law. the protection Of the weak against the
sutng, ~ the individual against the mass. Of the
otroxious against the popular, Of the minority
ss"A--. 80 E'I9Iiy, Saists Vh|y Ia California as