The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1856-04-09

THE DAILY DISPATCH.
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WeaAesaay Meputna, ApFti 3, 1859.
haw'esnnese IN the Uritea ssases.
The great dissinctaon between barbarian and
civilization Il, that barbasians are governed BY
temporary passion or interest, while civlised men
are controlled By previously hxed ruls Of action.
called lae. civiaissd isdividssls. n b trus are
oltsn the mssrahls slaves Of pasaion or interest;
bat cvilized csssmsnitiss knowing the fatal effect
q saeA Influences, carefully provide against thsn
By giving ssstled law the complete and permansnt
asesndAncy. They regard Il ~ the perfection Of
civilization that In every trial. whether civil or
criminal, the iuvessgaeion and decision should not
b regulated by ths discretion Of An individual
judge or even Of the community In which they
are made; bat that universal principles, proceed
Ing. ~ Hooker says "from the bosom Of dod.'
should j1rs dirixs. command the implicit obedience
not only Of oil judicial officers, bat Of all society
This celestial perfection Of law is never indeed
practically attained, and the universal prevalence
III exact jussies 10 always, and In various ways,
prevented S7f 2is3sa $50.
In monarchies. the monarch openly possesses or
assumes the right Of making or setting aside law,
or, more covsrtly, seduces or intinidates the OH
GERS Of justice In aristocrscies or ogarchies the
power or influence Of class disturbs the equil
brium Of Justice a. that of an individual does In
moparchy. In the former case, the passions or In
terests OF King. or Of zone behind the throne
greater than the King hmsef; in the latter, those
Of an oppressive or intriguing few have been sub
stltuted fer the golden rule Of equity. The dire
consequences following these systematic INTERRUPT
lions Of justice. fn Al history, and constitute the
great theme Of patriotic sloquenee.
Let us inquire whether republic, in which the
whole community Ii theoretically the sovereign, 10
entirely exempt from shis perncious interior ence
We all know that 1t was lamentably frequent In
the Athsnau and other ancient democracies, but
we are apt TO imagine that zoe have at last devised
Q government in which neither individuals. nor
classes can resist that stern. incorporating, I'M
partial fmpertum leSam, which constitutes the ideal
perfection of justice and civilization. Yet no COOL
dispassonate observer of passing events can avoid
being strsck with the alarming and increasing
tendency to mob violence. which sIbyerts justice
~ completely as . Venetian olgarchy, or Turk
lab despotism-
We are not ungrateful enough to underrate our
real blessings, and would raise no false alarm
about our evils which, from their very proximity.
may seem to us greater than those Of others in the
distance which really Of vastly superior magni-
tude. Yet 1t surely behooves ms to look at home,
where we can see and understand the causes and
practices which threaten the very existence of thai
well arranged fabric of constitutional liberty
which we have proudly inherited from our wise
ancestors, and are under such nperious obligations
TO preserve.
We have heard much said about "higher
law" towering above the constitution and sta
tutss passed under its sanction, and claiming para
mount control over the conscience and actions OF
citizens. In indignation at the gross abuse OF
this term, by those who claim the full benefit of g
constitution, and, At the same time, disregard it,
plain and long settled provisions, we are tempted
to forget that there is really law Of God, higher
than any institution ofman. But one of the plain,
est provisions Of Gods law requires the strictes
regard to oaths, and submission to "the power
that be-" resistance to those powers" is nowhere
distinctly authorized by the Divine oracles, al
though its propriety may be inferred from the OBJ
vious limitations Of the command, when conscience
or any Of the great rights, for preserving which
government was instituted, is deliberately and per
ssveringy violated No government could exist
for day. If any individual or locality, which con-
ceived any Of its provisions to be inconsistent with
Gods moral law, was justified in immediate ress.
tance Such Inconsistencies have doubtless been
found in every constitution and body of laws, and
the imagination of discontented persons and com.
munities win discover avast number that neve:
existed. The only safe remedy, as long as they
are counterbalanced by vast preponderance OF
good, Is patient endurance until they are peace.
fully and regularly removed.
The evasions and outrages committed under
pretext of conscience, are clouds on parts of our
political horizon, sometimes darkeniDg to almost
midnight blackness; and, what Is worse, the va
pors rising from the same fostering morass of lac
lessnsss are often seen over every portion of our
sky ...4 '.
The present tendency of society is to decide all
important, exciting questions of civil, but more
especially criminal law, according to the inclina-
lions Of the communities where they arise, and
not according to infexible principles. The most
alarming indication of this tendency is the I'M
blushing and deliberate violation, by whole States
Of constitutional provisions, which clear as the
sun at noon day. and without which, the Federal
constitution could never have been adopted. The
moment we systematically forsaks the old land
marks, and throw aside tho constitutional rudder
we embark on . dangerous and unknown ocean
powerless to see, or to avoid the shoals which
abound In its waters.
Bot there other instances of lawlessuess &C.
casioned by mere impulse, without any systematic
design; yet that impulse, in some regions, is be-
coming absolutely habituaL We can scarcely open
= newspaper, without seeing account of some
offender punished, not by the regular officers of
the law, after regular trial before legal tribu.
nal but by self-constltuted executioners, acting
under The orders of selfconstituted tribunal, or
without any form Of trial. gratifying their excited
passions. If such cases occurred only now and
then. they might, although deeply lamented, be
overlooked, the occasional excuses of an excl.
table, and even generous temperament. But it Is
fast becoming Axed custom In some communities,
when An atrocity has been committed, or very
strongly suspected, to disregard al forms of law,
and inhict summary vengeance on the real or sup
posed criminal This may be often done, contrary
10 the wishes of the wise and judicious; but 1t ia
nevertheless done, and always nith impunity If
there are any aggravated circumstances about the
conduct of homicide, the mob adopts q. once what