The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-12-03


lone, have Withdrawn their oountenance, and |
he "canal rights, - they are called, |
have now only . nominal value in the mar
ret. We may, therefore, consider the canal |
project at an end. It will hardly be resumed for
many years, for the object which it proposed to
viii be quite Is we'll effected by the |
Panama railroad, now verging to . completion
Unless canal is built Of the smplest dimensions,
railroad viii answer much the best purpose at less
original and current cost. That the two oceans
will ultimately be joined We cannot doubts but it
viii not be until the requirements Of trade are
greater than now, and hardly within this, perhaps
not in the succeeding generation.
twill be observed, from the paper which we pub
lsh that the special protection guaranty extend
ded to the Canal Company by the Clay ton and
Bulwer treaty was forfeited in July, 1851 1t will
also be that the privileges Of the Transit Com
psny are dependent upon the canal charter, and, If
that falls, must fall with it. The whole Nicaragua
business as respects both politics and the canal, is
in bad way. We see but onei solution in the.
policy marked out by Gen. Taylor, and which Mr.
Clay ton SO bunglingly managed.
The RECENT OUTR AGR-DIGNIrY OF Courts OF
JUSTICE Tho palladium of the judicial Office is the
respect it inspires Strip the ermine Of its title to
reverence, and you viii soon find that Lynch Law il
the order of the day. To the superficial observer,
il seems q matter Of small moment that judicial
proceedings should Ire conducted with gravity and
decorum--that the Judge would be addressed ~
"your Honor" and the most despotic sway over the
court entrusted 10 his hands. But, in truth,
there are outward and visible signs of an inward
and spiritual grace which is tho key stone Of our
liberties and the safeguard Of our person and pro-
perty 1t will be sad day for America when the
former disappear-the latter cannot long survive
them Melancholy indeed, would be our task, if it
were our duty to chronicle frequent scenes such As
that which occurred in the court roem, before Mr.
Justice Osborn, on Friday last.
The facts are fresh in the memory Of our readers
"A practicipg barrisser, named Chew Snebly, takes
offence at being termed !" Tombs lawyer by our
reporter, and having learnt in the practice of his
profession, that . man is always at liberty to take
the law into his hands, resolves to inlict sum-
mary punishment on his fancied calumniator More
over, having read Sc Russell on Crimes" Mr.
Chew Smelly determines, lawyer. like, to give
notice of his motion, and to revenge himself
before the very Of the jusce-so erudte pras-
ttiensr was well aware that such evidence Of malice
aforethought," and tho selection of such locale
for his operations would be viewed IS extenuating
circumstances. He accordingly notifies the justice
that he means to assault our reporter.
Our legal "reminiscences are very mouldy-but it
seems to US that man who is notified that crime
is about to be committed, and who, having the
power, does not prevent it, is viewed by the law
very much in the light of an accessory before the
fact. refusal to interfere on his part almost
amounts to aiding, abettng, and comforting" the
criminal At all events, he would not unnaturally
be considered accomplish, if, from his peculiar
position, it his special duty to prevent and pun
ish offences Of the same nature the one of which
he was notified. Such being the law, ~ We laynsn
understand it, we shall naturally expect Mr. Justice
Osborn to reply to his interlocutor in terms of
merited severity, and to place him under the SUI
pervision Of the officers of tho court.
Nothing of tho kind. He simply "advised Mr..
Smelly not to take any such COURSE and Sc At all
events" said he, "you must commit no breach Of
the peace in court" Perhaps the Justice did not
expect Chew Smelly to execute bis menace. and
viewed it as . mere bravado. Perhaps he rather
enjoyed the idea of good stand up fight in court,
as decidedly new sensation, even t, a police ma
gistrats. Whatever was his motive, he was obvi-
According, when reporter entered the court
room, Mr.. Snebly invited him to approach, and in
mediatsy struck him The Justice, you will i'm. CINE,
bursting with indignation, ordered both parties
into custody. Far from it. Without exactly lean
ing back in his chair, clappng his hands, and Look
ing on approximately, with the eye Of man who
could sympathize with Johnny Walker, Mr.. Justice
Osborn nevertheless viewed the proceeding with
tolerably calm face, until reporter recovered
himself and began to retaliate his assailant with
his umbrella The Justice then felt it incumbent ON
him to interfere and the bslgerents were separated
by the officers.
Now, the conduct Of Mr.. Justice Osborn in this
affair is susceptible Of being viewed in TIVE distinct
lights in neither Of which does il reflect credit on
himself or the bench which he represents. As q
judge, clothed with almost unlimited power for the
time being, he was bound to sustain the honor of
the bench, and to exact the reIpest due to it, by
proper display Of that power, if need were In this
duty Mr. Justice Osborn has failed and has allowed
his Office to be disgraced and himself to be insulted
He has suffered the solemnity Of the court to be vo
lated with impunity, and scenes to be enacted in
his presence which would not be tolerated in bar.
room. The authority which was delegated to him,
he has neglected to use at the very moment above
all others when it was his duty to exercise it; and
whatever respect has been heretofore paid to the
office he holds, he has Voluntarily abdicatsd. Mr.
Justice Osborn ia at liberty to rsnounce his personal
claims to the confederation Of his fellow citizens if
such be his fancy, but he has right to bring con
tempt on our courts of justice and to permit them to
assume the characteristics of haunt of rowdies.
This will probably be made clearer when the Of.
Tending lawyer is brought before another court to
be tried for the offence committed.
In the second place, Mr.. Justice Osborn had
duties to perform as lawyer. The country expects
that man in his responsible position should know
the law, and should carry it out. To that end he
was elected; and We shall not see him neglect that
duty without . protest. Whom Chew Snebly in
formed the Judge that he intended to commit an
assault on reporter, the notification was An act Of
-" contemptuous and insolsnt behavior" and it