The Shasta courier., 1855-06-16
THE SHASTA COURIER.
Mob Law.

Mob Law.
EDS. CoURIEg:-Mob law is not correct ex-
preston for law sis rule dictated by reason,
the aim of which ia the public good, and pro-
mulgated by those who have the care of So
ciety.' Mob is synonymous with anarchy,
tyranny and misrule. A mob has no power to
make law. but it sets law aside or tramples on
it; it usurps tue functions of the civil power it
is illegitmate and kas an inevitable tendency TO
destroy the whole social organization and estab-
lish the worst forms of anarchy and despotism.
Mob law is no law at all, but an audaclous out
| rage on Justice. reason aud society.
! The formidable right over Life and death is
not vested in ndigiduals. for 80 individual can
| claim this momentous power as natural prero-
| gative-no man ever born with this right as
| natural prerogative This power .amanates
from God and by him is conferred on society in
| general The community either expressly or
tacitly transfers OF delegates it to those whom it
| appoints to govern and rule over it. Thus then
these governors rulers thus invested, and they
! only are the persons who can legitlmately exer-
else that power. Moreover individuals life
is not his own he only has the of it SO Ion g
| as it shall please the Creator. Much less can he
| assume any right over his neighbours life. To
usurp such arbitrary power is transgresslon OF
both the divine and human law, and the trans
gressor is culpable and amenable before God
and MACPHERSON, justice, and society all con-
denim him. And this applies to number OF in
diyiduals equally as to one. Supposlng even the
person killed to have been wicked aud deserving
of death, the civil power only has the authority
to punish. In the extreme case OF sef-detence.
when a person slays his antagonist, he in no
manner arrogates such prerogatve. but acts in
order only to preserve himself. Again, when
an individual usurps power over another he
places himself outside and above all law and 60
vernment; and. if one may do so, why not a
number until the principle should finally pre-
vail The Consolation would then be regarded
only as so much waste paper. The law would be
despised. human passions would domlneer, and
| disorder and brute force would have holiday
1t such RIGHTEOUSNESS is permitted to stalk with
impunity, who can toretell IFS ultimate bounds aud
excesses. We can see some OF the eonse-
quences of this spirit now manitesting itself IN
one place under the name of Lynch law. in an
other 10y Filbnsterism; again by the extrava-
sances of Abolitionism, and again by rabid poll
I tical fanaticism.
Society cannot exist without order, nor order
! without government; therefore submission to
the governing powers is obligatory. Every in
diviolal in the community is pledged, either i'm
pliedly or expressly, to support the Constitution
and to coniprm to the laws; and this pledge is not
| Il
those at the Declaration of independence, when
they pledged their lives, their fortunes and their
honor. | admit that there may come time
| when it might be right to resist and dlsobey the
| civil power; but this only when 1t manlestly
perverts its functions or outsteps the limit OF It's
faculties by acts of tyranny or inlustce-thus
ilegtimizing itself. Under our form OF govern
| ment however, this extremity can hardly ever
arise, owing to the lberality of institutions
J I ,i,, For ! ma a
are injurious, or defective, can easily have
| them properly amended; or if any OF our iegis-
| ators do not conform to their duties, or abuse
| the powers OF their Office, we can in short time
supersede them and appoint others who will act
| more consistently for the public good. These
reasons alone should be sufficient 10 stiHe public
tumut and subdue mob violence.
| In the foregoing remarks / have not broached
any new doctrines, bat have simply exposed,
IN part, the logical consequences and licentious-
ness OF the spirit of Mobism carried out There
is remarkable disregard of law, and deep con-
tempt for public ohisers, very prevalent with a
| great mass in our State,-whch, IT not the orei-
nal cause, tends most of all others to foster
Mobsm. / have been used to public officers
| looked upon with great respect. as generic
| thing. and deservedly so. Whence. thea, the
| above feeling! Is it from the immortality and
| bad example of those in authority. or does it
| arise from the moral obliquity of the people !?
Does any of our public officerslack vigilance, en-
ergy exacItude9 Are all our courts oil Justice
free from imputation on the score of honor, dig
nifty and intelligence. Some are bold enough to
say that gold sometimes influences law and JUS
tice; and others that too much consideration is
given to the fimsey technicaities of quibbliug
lawyers, greatly to the prejudice of public JUS
! tice. There certainly is something radically
| wrong somewhere Perhaps the judicial system
is not extensive or powerful enough. remedy
| is needed somewhere, aud it behooves a rational
people to scrutinire the matter, and apply the
remedy.
Shasta Co., June, 1855.