The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-13

does not pat himaetf at their head 70 march sgsias
Albany. 20 destroy the capital and mako GoVerasr
hmG pfrcner; but A.s tae fvner funsslnnau se1OI
rentssman n pssss esches. wisa piecs Of paSw|
II his band. 70 another gessIs&sn In psia oistkssI
a. msSd'e s9s sna grave sspece seated In ~ aso
chair, and that certain speeoAes are made and go
ta's bnokp rad: all without tho ruli or drum tho
glitter Of spsuIes, the jingle sf rpar. Ms
Te<P%0e fer ias Ard for the function sxieg vhe a.
minister tho law, y tho most valuable and inpor-
tant TAFT in the political character Of our people;
be whe docs anything % iescu this respect In|
view q the p~sa4 in4agesta which sse uow susinsi
to TIE csnr,dersson Of tho judses q New Ysrk and
Of tho ing Pvsesons which their decision In D|
appesse, II cannot but be regarded ! misfortuns|
aud mistake that the people Vt that great state
should haye impaired the weight and dignity al
their Judiciary BY that recent change thsr osasEi
tstieH witch makes The judges elected By The peo-
nest distinctly sisclan any personal ro,ercaos I'll
the verv resY~otsb&e geeNoNser Wiz now oeou11I
judicial sfat0Ds there; hut II h certainly tue, al
every lawyer kDo that the courts NJ New York del
NOT rev po~sess that weight of authority which shsy|
bad when the.r laws wcre expsuASed ~ Keas aaI|
spencer aud their dscasi Lie reported ~ Johnsoa.|
Their judicial sys2a Is dsnby Sefecsive: 6sfesive
in the mode Of sppeinta ent Of the urges, and do
fsctivs In Tie limited tenure; and Of lAs tSe, vel
are net eertaW that she latter h not She moro
evil. Wbenever the el~usrnts Of hope ~ fear s~e|
Infused ine the hreast 81 judge, bg the prospect
Of his lositg retauinR his seat. his yase ID In
or uncSDsciourly, ny ebeee motives And e. eiensed
uAgs II most likely to be found ipaaeqnats Ia oassa
~ tbst class IN which the fusod ns - the ju3tsAy
are most essential where the rights Of the ninedS|
are 70 be projected AGAINST tho msjorits. Beeweea|
JSbs Dee ard Richard Rse an elected Judge nsS|
hold 'he scale OF jusrice with an even hand; but
VIII 1t bs the same when he comes 70 consider ~
ti'.aio"aty Of Law passed BY the ve'y party
70 which be owes hs piacrs, and to which he lesks|
fas rssppcintnsnH Ssenar or later, tho hsur WI
cone SD tha wsa b wastisg.
How fortunate Il would no for the State Of New
YOlk, II, In this conflict be. xeen municipal priviiss
and State sereiRnty they could command the hell
OF magistrate like that great and good man wh1
nov presi5es over the judiciary Of Massachusetts,
We kSow Of no one In our who|e country VIVA ID q
this moment exerting more important inhussse|
<7ban be; and there u certainly no ono whom vi
bolo in higher reverence. When We look rs It'd
starmy waves Of agitation which have swept svsl
the State during the laat ten years. and the com
teen exerted BY that eminent nagi.tsats IN ia|
fuence derived from his age. his intellectual vigos|
Ss learning his fsarsss ipdspsndeAss, HI sps.ies
hes cone ,he state . service ~hioh We oAasst 40
quatsy ret forth without isllng into strain q sd|
logy which COED taste fesbics "a use t,ssrds sa
Who 10 hspp',y yet 9Th us Far distant may the|
day be vi en- the Common wealth Of Maseseausett
may be at liberty to express oil the ebgstisns It
under to Chief Justice Shaw.
At this mos eat the nsw commissioners. HeoRS|
Simeon Draper. james Bowen. James w. Nye. Jasei|
Choiveli and Jsmes s. I. 81 snshsa, arc In ~ cd
eeciss II their functions, various attempts GA I'd
part u the Mayor 70 obtain an injueasa havine
FAILED. boa the wbs4e qusstoa Of We csas4ituAssl
atty Of the law Is Iensins before shs Court q Ap|
psals spoD application fer quo sOasrssss, ~
In feS ~eeks We shsll have tseir decides.
We Nurs Ne Feed sffeT no spslegy - our reaAec'
fes giving ~ much space u tho sonsiderakisa a :
subject nos directly touching ourselves. The osAtr
versy, In eur judaDsst, has something u AktsesAl
saniacance; and ID Invested with Ne impsetAae(
which j,st'y sMsches itself u everything Ersvisg
ous Of n sIgsDia law and ssnnaoel s'ts q esass
tisl principle We shall watch tie coarse ~ eveat
With much inter est; asA We earnestly hope tAas ~
ci'izeas OF New Y0k-bssh State and city, may h
guided OF wiss end moderate eounseis, aad In a
sLlusins If the questions brfsre them furnish nes
srg.nent IN fascs Of the stability 1t the instituAisa
uoe1 winch We tive.