Kansas weekly herald., 1855-04-13

ter the rule. The importance 81 naiutanine the
distinction between the law making, the law
Interpreting and the law enforcing functions has
been illustrated on 90 many accssions, and by
authority so commanding as to address itself to
the mind with conclusiveness stopping denial
enforcement.
There is too difference in the qualifications
for these several duties, 50 marked and decided
as easily to be presented and certain to obtain
assent.
It is not less true that feelings may be. indul-
ed by the one, by no means to be tolerated by
the other. Ese'4
But more extended reference to this subject
] avoid lest the presentation Of the reflections
that would follow might assume the appearance
either of runninga parallel when none exists,
or Parading q contrast more striking than an Inn.
partial portrait would justify.
Some reference to the judiciary with the view
OF brief eiucidation of the spirit which ought
to characterize alike the entry upon and the con-
tinuous discharge Of its duties, with some sus-
gestions Of its claims upon the popular conf
dence, will complete the task which sense Of
duty has imposed, task which even imperfectly
performed may contribute to establish that mu-
tuai confidence upon which in this as in all other
responsible trusts under our free Institutions
Official intercourse must find its dearest pleasures
and Official reputation its most enduring honors
Uprightness OF purpose and integrity Of heart
| are the simplest principles to be looked for in
a court Of justice. They are so obviously indis-
pensable that it would be solicism to speak Of
| such tribunal as existing without them It
might indeed have the name, but it could not be
the thing.
How these may be preserved, how maintain
their ascendancy amidst the strife which is the
very nutriment to support the existence of ju-
dietary, and thus perpetuate not nominal but a
real, substantial identity of name and purpose is
another consideration.
While it is exacting but little of credulity to
presume that those to whom such duties are as
signed must have SO lived as not to have acquired
reputation unworthy of trust, it is not as easy
to take for granted that they are SO fixed in yir-
tue as to be invulnerable to the assaults of TENN
tation, whether it appeal to the heart through its
prejudices, or would allure it through its affec-
tions. And yet to this point must the frmness
of virtuous resolve attain if the official charac-
ter shall sustain itself in the measure of conf
dence implied in the individual selection. It is
to be remarked, however, in addition that if a.
proper appreciation Of responsibility and duty
| something more than the bare justification of the
choice whether executive or popular-an ambi-
ton high and ennobling to reach a stand point.
awarded by the unimpassioned arbitrament Of
that great arbiter the public sentiment, not sim
| ply in the admission that the first presumption
of integrity has been justified, but in the spon-
taneous and admiring feeling that early promise
has nobly ripened to the development of char
| acter far beyond the average, aye comprising
| the very acme of official virtue.
But even yet is the character incomplete to
which appertains only virtue, how immaculate
soever may be that virtue. Assuming what bv
figure of speech deeply impressive of its intend
ed stainlessness has been styled the ssJudicial
purity would be such an anUmoly as has had no
existence. The very purity predicated would
rise in rebellion against an act so impure. 1t is
no less the impulse of virtue to decline position
beyond our ability than it is, with fidelity to dis
charge the trust when assumed. -. =
i all In nd 1x1f fha rAsf
principles of law as matured by the expositions
| of the wisdom of ages, must therefore coexist
with uprightness. This is, indeed, the motive
power-the mighty agent-the steam which
| of sentiment and purpose are the symetry of
proportion, the general adaptation, the oil that
lubricates the points Of contact making possible
the performance of its gigantic work without
| scattering into fragments its various parts
But who may boast himself equal to the high
requirements-possessedo of the quick and COM
prehensive faculty to determine with certainty
the right of every case as presented-who pre-
| tend to the universal memory which can say, in
| the infinite complication of human affairs, OF
every question "it Iez scriptG est" These en-
viable attaiRments are not to be expected. Of
nothing terrestrial shall omnicieRce or infalli-
bility be predicated, but in the most ridiculous
presumpti0n>
Existing systems do not contemplate aughi
approaching an absurdlty. But en- the contra
sumo limit both to the power Of thought and
| the reach of attainment.
| Upon this theory they have constituted tribu-
| nails for Judgment, in whose virtuous purposes
tribunals Of umpiage, unbiased by the passions
which sway the litigaRts themselves, to deter
mine between them, not, however, by the unaid-
ed mind, but BY these assisted by the keen en-.
| counter Of opposing interests fully arrayed and
earnestly advanced by the recognized agency oi
Il Rar he of IA -,
pride to maintaiR an exalted reputation, have
before them the allurenents of an honorable
ambition to incite them to an elaborate and able
advocacy of conflicting rights.
/ This feature Of our organization suggests vel
another element of the judicial character, which
| though not 50 much Of its very essence cannot
be deficient but at the hazard of leaving it fan
short OF its legitimate aspirations
Indeed without the courtesy Of refind and
delicate appreciation of what is due to those
who present themselves suitors, and to those
Ihigh-toned and ehivalrous and learned advocates
who represent their claims, the judge would be
but as the rude and unfinished structure within
/ which he may perform his duty, before the re.
fning hand Of the painter and the moulder have
added beauty and dadernment, to what would else
however it might suffice for its uses, have nc
charms to attract the compliments Of admiriDe
gaze. Every where an ornament to character
and every where contributor to the enjoymentl
and amenities of refined life, it Is upon this To-
rum more, perhaps, than elsewhere to be earn
testify cultivated, here and in the department Of
the judge, because, by virtue Of his position
his demeanor will give tone to that Of all other:
here because, illustrating it himself, he MAJ
with an indisputable propriety superadded tt
his authority exact it Of lothers-here bee auss
in the warmth Of contest and argument, If there
be no moderating spirit, wild and ungoFernable
/ passions would be but too apt tosusurp demin-
ion alike at variance with the calmness and de.
corum BETTING the place, and with the attain,
ment of the objects OF its procedure.
i There issyet TO be mentioned another feature
less frequently indeed called into view, and FOL
this reason only Of inferior importahce, bal
tu IL is enttled do. with cf,urn