Evening star. [volume] (Washington, D.C.) 1854-1972, 1855-08-03
SPIRIT OF THE MORNING PRESS.

The Union IS exceedingly gratifed with the
decision Of Judge Lewis, of the e. s. Supreme
Court Of Pa, upon Passmore Williamson Pc
tition for writ of ha6eas corpus, through
which he seeks to be released from the impri-
sonment he is now suffering, under the sentence
OF Judge Kane, for contempt in making his re-
turn oI answerin the Wheeler slave case Judge
Lewis decides that his court has no power what
ever to interfere with the action of the U. S.
District Court in Furnishing contempts. and
quotes many law books to show that in such
matters the State Courts and u s. Courts are
wholly independent of each other.
We find In the Union contradiction, which
We presume to "be by authority" of our
statement made a day or two since, that the
permanent COmmissionership Of the General
Land Office had been offered to Joseph S. Will
son, Esq, the accomplished Chief CLERK of that
Bureau. ; Itseems that the authority on which
we said so was erroneous. 1t is due to Mr. W.
that we should add that it did not come from
him. We rarely make mistakes in such mat
tiers, very rarely, indeed; but the most careful
are at times liable to error. We trust and be-
satisfactory Commissioner. He is competent to
the discharge Of the duties of the position, and
in the course Of his service in Congress he de-
monstrate that he is a man of integrity of
purpose in all he does.
The Union further says:
In the year 1876, after all save one of the
band Of patriots whose signatures are borne on
ha 4rafIO of nd ha6
ded to the tomb, and the venerable Carroll
alone remained am ng the living, the Govern
ment of the city of New York deputed a COM
mittee to wait on the illustrious survivor, and
obtain from him, for deposite in the public
haI of the city, a copy OF the Declaration of
l77H, graoed and authenticated anew with his
sign manual. the aged patriot yielded to the
request, and affixed, with his own hand, to a
copy of thai instrument, the grateful, solemn,
and pious supplemental declaration which fol-
lows:
Grateful to Almighty God for the bless
lngs which, through Jesus Christ our Lord. He
has conferred OH my beloved country in her
emancipation, and on myself in permitting me,
under circumstances Of mercy, To live to the
age Of SO years, and to survive the hftieth year
of American independence, and certify by my
present signature my spprobation of the De-
claratiOn Of Independence, adopted by Con-
gress OF the 4th OF July, 1I76, which l origi-
the same year and of which l am now the last
surviving signer. L do hereby recommend to
the present and future generations the princi-
pies of that important document as the best
earthly Inheritance their ancestors could be-
4ueath to them, and pray tn at the etrtl and re-
Lsgtous Liberties they hare scGHyeE to my coHn-
try may be perpetuated to re1s0test Iostertty
and extended TO the uhOie family OF man
CHARLES CARROLL of Carfolitop.
AUGUST 2, 1926
The Union also publishes letter from
Governor Pease of Texas, wherein that
estimable and erudite gentleman, for such We
know him to be, takes very emphatic ground
against Know Nothingism.
The IRteiitgeneer says:
1t is source Of deep regret TO all calm,
considerate lovers of Law and order that recent
legislation in some Of our States has 80 utterly
subyerted, and indeed annihilated, the wise
distinction heretofore made between the re-
spectiye provinces Of court and jury. That
distinction, so long recognised by the common
law of England, and adopted, with that law,
as part of the law of Our country, has univer-
sally received The appreciation of men of learn
ing and experience; and tho growing disre-
,,srd Of il Is to be considered one of the strong
est indications of tho bad results flowing from
that reckless spirit Of pseudo reform that
everywhSIe prevails. That legal reform is
desirable in many particulars is highly prob
able; but there IS reason to fear that reform
ers, in thei- easen.ess TO improve the legal
edifce which has been erected by the labor
and wisdom OF ages, may, In their blindness,
not only destroy its uLsi2htly and useless
parts, but also undermine an weaken the
very foundation Of its glory aid excellence.
1--WE have been led to the consider alton Of
this subject by observing that tho iUrieS Of
Massachusetts have been not only ayYiling
themselves Of the power lately granted thou
by an set Of their Legislature which makes
them judges Of both the law and the facts, but
have evco usurped the prerogative Of the Su-
preme Juu ciary, and have taken upon them
selves to prOS9unce a regularly acted and
approved law OF s5eir Legislature unconstitu-
tiOnal. Certainly sutl 81 assumption of power
cannot be sustained. II It could, instead Of
the three great ACKNOWLEDGEMENTS, ex-
ecutive, aud judicial, the glory OF our federal
system and or the governmental syRteils OF the
several States-the people of M sachusetts
would possess but two-the legislative depart
ment being merged in the judicial, aHd the
latter exercised equally by the regularly ap-
pointed judges Of the highest appellate court
If the State, learned In the law, and by the
most hliterate and uncultivated jurymen that
ever SAT In solemn ignorance 10 decide q case
Of petty larceny. The traverssrs in three
cases unGer the pIohibItory liquor law Of Mas
sachusetts we're lately acquitted because for
sooth, the jurSy in each case believed the law
20 be unconstitu,, onal. This, We presume and
hope, holds good in criminal cases only. as in
Maryland and some other States; otherwise
there would be still gre,1ter reason To regret
the ultra-reform mania.
Whether, In this particu iar Ease or in any
other special case, the verdict Of the Jury be a
rational one, or the merits Of the liquor law or
OF any other law, should not be considered. 1t
is the general principle that's to be deplored---
the principle that leads to the utter destruc-
ton Of useful and indispensable legal distinc.
tons Ii this principle be fully admitted,
there can be no further use for judges in our
courts, and nice legal questions need no long
er puzzle the minds of learned counsel
Let Us hope, for what we believe the best
interests OF our country, which is 80 largely
indebted for Its prosperity to just and proper
administration of established law, that this
growing evil may be checked and the suprem-