New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1854-02-16
THE DAILY CRESCENT.
THURSDAY MORNING. FEB'Y 16, 1856
JUDICIAL DEGRADE TIo.W


The great end Of all Civil Society is the bring
inr about the administration of Justice between
man and man. Governments are but the ma
chinery for efecting this great function Of
Society: to assist it within, to defend it with
cut In proportion as, in o Society, this SUI
preme purpose is accomplished, that society is
to be regarded as truly free; and as really
the contrary, in proportion as it does not ac-
complish it.
But to the performance of this function, the
first condition is that Justice, the sovereign aim
of all, shall be uncontrolled, unbiased, unin-
huenced, by any other power, without or with.
in. Until this il brought about, a society is
but an imperfect one; and though ever so nice
and fair in its general structure, it is failure
after all since, however pretty the mechanism,
it produces NOT that to make or do which it was
set up, but does the contrary: that is, becomes
Itself the hindrance or even the destruction of
that Justice, which it was meant to aid in Sc
curing.
Now, he who is acquainted with the best
Greek writers knows perfectly well that the
whole Art OF Political Mechanism, Of construct
ing the mere running gear Of Governments
was quite as well understood above two thou
sand years ago, as it is now; aud that it may,
indeed, be strictly said that in all that time,
there has been no real discovery made in the
science ct Social Institutions, except one that
OF rendering Judges independent alike Of prince
or people, and thus securing what Antiquity
very imperfectly accomplished--an infexible
administration of Justice between men: security
in the enjoyment, under the shield of eyer-im-
partial Law, of all those rights of person and of
property which the society itself has, by its
laws, promised you.
We had derived from our ancestry this adj
mirable improvement, the chiefest of public
goods, Our English fathers had snatchel from
monarehs all power over Judges, and set them
apart from all hope or fear, as to their office.
Kings are content, in our mother country, to
have yielded up the pernieious authority which,
IN despotic times, they held over the persons and
theaemployments Of the ministers Of the Law. |
They have been compelled to renounce it, as
wicked, foolish and tyrannieal
What then Shall the opposite sovereign
shall the People, whose dominion should surely
less than all others geek to arm itself with an
arbitrary prerogatiYe, seize upon what kings
themselves have abandoned as against the
safety Of society and its highest purposes, It
should not be. 1t is monstrous, it is fatal, that
the People should do it. Judges are to be made
the creatures of nobody's favor, the dependents |
OF nobody's power or passions as little of the |
multitude as of the monarch, Of King Num-
bers as of any other king. And yet, over near
one-half the States Of this Union, this great
discovery in Government, this living principle |
OF Justice, has been cancelled, and we are |
gone or going back to the abrogated methods Of |
exploded despotism! We are reverting to the
worst Institution of the Dark Ages and re-
adopting into what ne call Democracy, the
Progress, and Young America the very worst
feature of Feudalism
A Judiciary elective by the people will neces-
sarily become, after little while if not at first
as much the eager slave Of all the popular pas
slons as judiciary dependant on royal pleasure
will be a mere minion of the throne. 1t is i'm
possible 1t should be independent: 1t will soon
come to be chosen because it is known that it
will not be So 1t must soon be constituted nut
OF mere demagogues, whose judgments will be
governed by their personal interests alone. He
who has voted for them shall get the better, Mt
their tribunal, Of any one who has voted against
them; and he who can command many votes
shall with impunity do what he likes. Nav,
the selection Of judges shall speedily become q
party matter only; the worst man in the
stronger party shall be preferred to the best in
the weaker; men will be put forward as nomi-
nees, not because they know law, but because
they are personally popular and perhaps pop
niar for their very vices AT times, an cutlery
wall be gotten up against lawyers themselves,
and men will be made Judges npon the EXPRESS
ground That they are not lawyers. Before such |
magistrates, what rights can be safe Where
WILL be the lava There will benone. The very
worst that tyrant can do is to trample on the
laws. But what tyrant can be worse than n
Judge who sets aside all the laws, at his nleas.
ure
Examples of the state of things which is In
come about in this manner are fast nresentin,
themselves, on all sides Every man must have
seen such. The following card, however, from
candidate at Palestine, Texas, is the most
remarkable specimen that We have seen of such
cases.
fsaoo CitieeasWth the issuance of this sheet is un
iured to the breeze, whether in tempest or calm nv
name before you candidate for the office of Chief
election. - '- ns'ts august
A. DO 1t from choice not from solicitation do it, for
.ne once u honorable aud profitable feel myself COM
1919 " olscharge the duties of the office. claim no
SUPERIOR merit or qualification over any one else who NAV
sI;ta a against me would like to the race
"a anu atone but if any desirous let them mich
m u snt dep. stand hat footed square toed hum
publioanism u we Jts"tS aho true re-
In politics, am opposed to the pressnt Tesotnr. n
q ~, tsxas and er citizens Opposed to teegaphs
g. o s s'ee eft,ls,on seaiea right up and down all
stripe Finally fellow citizens you olsct s yS, @
justice will make the very wekiu ring in Iona ng
hmzza for the soys of Anderson county n - uH1t
viii retire with dignity and perfect good humo rse"sa
boring most beautiful little song which sins
we'll called l'm Ahoat I'm atloatn etc hon, srg
TO see you face to face A a i..' ~ long
The clerk of the steamer A. L. Shotwell ha.
our thanks for Louisville papers.
Can't. Samnsl Ward ona Of tho ,.ssL 49,.