Kansas weekly herald., 1855-04-13


Hsh nobleman, when at the battle Of Erkermah
(Quere,1 In the presence OF his comrades for |
he betrayed the panic Of the coward.
No merit Of higher moral virtue and an ele-
waited order Of ability and of varied and profound
learning, no gloss of refined gentility and cour-
teous bearing viii rescue from shame the repu-
tation upon which is engraven the damn1ng
fspeceeUi.n .5sr53sf ss1s8
virtue than when Chief Justice of England inn
posed upon the heir apparent to the throne of
his ancestors the punishment appropriate to his
ofenee-aR illustration that has not failed to re-
deem much OF the obloquy of succeeding reign,
incurred by the arrogant and infamous outrages
OF one Of the few-and the principal one-upon
whom the ermine has lost its Whiteness and be-
come dark with pollution. - sss
Any review of the just pretenslons Of the ju-
dicial organizatioh to repect and admiration
would be utterly incomplete in which sheuld oc-
cur no reference to that admirable constituent,
the trial by jury, in appreciation whereof the
most learned and experienced have not hesitated
to adopt terms Of admiration, importing most
enthusiastic veneration.
The ornament Of jurisprudence-the safe
guard-the palladium Of liberty on to which
high as its worth must be to claim them, it has
been held to be entitled.
The experience Of ages has too well confirmed
its unbounded claims to admiration to leave an
apprehension that any portion Of our fellow
countrymen would be Indifferent to an attempt
in any quarter to lay sacrilegious hands upon It.
An outburst of indignation would startle the
bold adyenturer upon credulity who shsuld pro-
fess to have discovered substitute-an ave-
lanche Of scorn would overwhelm the desperate
experimenter, who under the guise Of reform.
should dare to despoil us of this noblest BIRTH
| right-a torrent of contempt would engailph the
! the miserable Esaw who could for himself, ex-
change it for a eemess of pottage."
Ths the Court to adjudicate in matters Of law;
the jury to determine in matters Of fact, consti-
tute the judicial tribunal.
Its officers will demand in so cursory review
as is irritable for the occasion, mo other remark
than that OF them may fairly be expected,
promptness, urbanity and fidelity in their sever
al trusts, for their sakes, and in view of the
to the attachment excited towards the tribunals,
and the pleasure with which suitors may feel
| themselves welcomed to the fairest pursuits Of
| their rights.
The least segacious persons must see, in view
OF the paramount Importance of a ready and
cheerful acquiescence in the decisions Of all
matters referred to the judicial tribunals, that
| it becomes matter Of oyertowering interest to
inculcate and cherish feeling Of just confidence
| in them.
ltis not by any means necessary to the main
| tenance Of the truth Of this proposition to as
sumo that all of their decisions are correct. 1t
| is quite certain that no proposition which de-
pended upon this assumption, could be sustain
ed.
The judge who presides, even if he attain the
standard Of qualification to which brief refer
ence has been made, may, nevertheless, and will
unquestionably often misjudge questions of law.
conceded to be, selected, as they may be, with
the most determined purpose to obtain those only
who are best qualified in honor and intelligence
for the high and noble trust, will despite all this,
sometimes err in their decision Of matters of fact.
| What then? Fa i
:, Shall the Judge, therefore, incur the contempt,
or the jury become the subject of Indignation
meetings, and the laughing stock and derision,
of the community? Will then be any who will
reply affirmatively? Fain would hope not
sake of the general veal, that they are "few and
far between so far as, instead Of dimmiag, but
to increase by contrast the lustre of the more
genial feeling, as the dark spots upon the moons
disk but add charm to her gentle and benign
light.
l 1t seems to me that no limit can be assigned
to the pernicious tendency Of such sentiment.
| 1t is at best but to substitute the opinion of
another, an excited and an ill organized tribu-
inal-and of which lessthan title can have read
in lifetime as much law as and judge may have
| poured over within the month-one of which
perhaps, that the tithe Of title have heard the
testimony-of which not one acts under the SOL
emnities Of limited, designated responsibility,
4 and the appalling sanctions Of an oath.
| In criminal prosecutions it is the benign prin-
ciple Of the law that it is better than ninety and
1 nine guilty persons should escape than that one
innocent should suffer: but thus as indeed every
thing desirable to be maintained is in danger of
la sacrifice, If by reason of the apprehension of
1 cut door excitement, whether for or against
any member Of the court-the Judge who pro-
nounces the law, or the jury who determines the
fact-is tempted to enquire wither the popu-
lar sentiment points rather than, under his deep
obligations of duty to his country and his God,
what ought to say upon the law and the testi-
mony as / understand it.
i 1t is not too comprehensive declaration to
say that no circumstances will justify palpa-
forms Of the legal Procedure. WAiie.it Is easy to
i believe that even these forms may be abused,
and that abuses Of them have actually occurred,
by the constituted authorities, it is not easy to
understand one evil shall be corrected by the
4 preparation Of greater.
1 It's impossible to understand how, under sys
tenn so ample and complete Is to provide rem
ledy-al legal and constitutional remedy for every
wrong, how good can resultfEom an attempted
redress, by means not only not recognized, but
Iemphatically condemned BY the law. There must
be few indeed, If any who would think Of pal
liatng much less of justifying the extreme case
OF violent seisure and execution Of . supposed
culprit, not simply without, but in direct and
daring opposition to the express provision Of law
The mere notifications Of this extreme case
Il as all departures from arigid adherence to the
settled modes are, can but claim to be little
less outrageous. They are all in derogation Of
the same great principles. Whittier but to .
general destl uctfon of confidence in thesecuri-
ties Of government can tend the first toleratioas
Of irregularity. 80
Il How gentle soever the inclination if it tend
below the horizon, to tread it is to descend de-
scent byap insariable law of nature becomes ca
sier tenyy, successive point progress; its ter
minus is infallibiy down, dDWn. down.
On the contrary within but TO the attainment
Of the highest practicable good tends the mainte-
nance Of that confidence upon which afltribu-
mails must repose for their chiaf ability.
I IL the midnight assassin b IS he is, the very
Incarnation Of the spirit Of evil, the man who
under whatever pretsnce or with whatever mo-
Il tive, Is by his example and bis teaching bring
i ing Into contenpt the faactiohs Of government