New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-01-06

Of weakness and distrs-t, into judicial sy-tem
law According to that law every j. free 10 AZ
On his rights he rs advised n ey are, subject to
swer in damages 10 any one whose rights ne mAy in
wade. Equity comes 10. where The ACT threatened 70
diable or where The respassng party IA irresponsible,
ard enjons him. But, a. acw praetieed. our Judges,
in 8 discretion not always wisely e1ercsed have
pesrly converted into an ry-dsy remedy what y
designed and has heretofore been regarded, as
cetscns Intervention ofequiiy, staying in such cases
the extreme rigor or supplying me denc.esces o
relation 10 individuals far greater proportions
rheI they are brought TO operate public interess,
and have reached such pass IN the City OF New
York, that il has become a common practice tor the
judiciary, acting preliminary and without the defsn-
sve precautions vi regular trial AZ law, 10 interfere
With the action of public efcers alike OF the Muncs-
PATTY and Of the State. The effect is to constitute
The Judiciary an integral pst Of cur Municipal and
State Government by their act, not Judging
regular proofs according 10 the common law with
and it, sober delays for reflection, but ON the uryeat
impulses Of agated parties moved by the outcries a
nas-es and feared not entirely free from the in
huences of party and partisan strife. How great thin
evil became how it impaired confidence in the Ju-
dietary how dangerous il was to the public, the events
Of the past year have plainly shown. To remedy this
state OF things ii rs suggested that b provided for
the future;
l, That no Injunction be granted er rayts. This 3
understand to be the Law in the courts OF the United
States and tina, il has been found 10 work wcllno-
2. That no injunction be granted except where tho
injury spprehended would be iTeparabie, and could
not be compensated in damages. or when the eppre-
hended wrong -doer was insolvent.
3. Security might be required for the payment o.
damages to the party enjoned, in case the process
should appesr 70 have been improperly obtained.
| There provisions should be applicable to all de-
mands for an Injunction and. in addition, in the casa
Of public officers whether of the State the munici
psiity IL might he further required that
- -, al,.ksn ~
confined to single court, SO rs to avoid conflict Of
| jurisdiction and of opinion.
s. No injunction to be allowed, as to any public
matter public officer, but on hearing before .
General Term from which an appeal should lie lnIHe-
diately to the Court of Appeals.
Some such provisions ~ these with such details -
may b@ found advisable, seem TO me indispensable Tor
restoring the impaired confidence VI the people in the
Judiciary as wess for restraining that most essential
and valuable department Of polity within he proper
and prescribed limits II will be oil the stronger. IN
real authority and in moral weight by being thus re-
stored and restrained. 49,
Icannot pass from this subject without calling yoef
attention to other points connected with u; onds
first a. TO the mode OF sscetaning and declaring the
result of the election Of Judges. The cAecei tnese
elections is in respect of other elective ofncer
plnrates but no commission Is issued 10 the eectcos
and they enter upon and hold Office under nero can
yassers certificate. Iu OF doubt o. dispute no
| magistrates authorized to determine tho pS'm~
focie title. . -, -,
such important officers, chosen for long term q
years if only guard against SURPRISE that somctn
more than mere plurality-some apprecIao,e 40
significant proportion Of all the votes oss stss 1sc
,ion--shoud be required necessary 70 ? chosess
while both dignity Snd Of ssa o the bench
of the State, should be provided with torsnsseoa
under the seal of the State; and, in local tribunals,
| from some Court Of Record.
Again the laws, az administered in criminal cases,
do not appear TO discriminate sufficiently between de-
grees of crimnality or do not leave sufficient iati.
tude for doing so to the Judges. Hence, constant
appeals to the Executive for the interpretation OF HE
prerogative Of mitigating sentences The listening 70
and determining Of such appeals is among the most
aborous and The most painful duties OF the Executive
yet duty fully assumed, with all others belongng
to the Office and not therefore,, to be shrunk from.
But if should appear to you that the cause OF u.-
tce a. well of humanity might be promoted BY Oh
lowing criminal Counts wider latitude in the applies.
ton OF specific penalties to specific ofenses wiisingy
persuade myself that il might be sn additional motive
Tor adopting such course; that would in the atWe
| relieve measurably the Executive Of the state from
these most painful and yeary-accHIaIianpg applcs-
| Ons.
The gold medal voted to DR.. Kane had pot bsss
completed when the sad intelligence came to Va OF the
sudden death in u foreign land, of him whom the Leg.
sature Of this State designed to honor. II has since
been delivered, by my Private Secretary to the aihos
OF Dr. Ksne-the afflicted uheritOr Of the welesrned
| trophies of gallant son, too early lost
| The medal voted to Commander Hartsteue u u
readiness to be delivered to him ct The Capitol whes.
| ever his public duties will permit him 10 attend and
receive ii, Of which he has been officially advised.
The condition Of Kansas continues TO absorb public
interest It is TO the shame alike Of Truth and OF LIB.
erty that must be said that IN the treatment OF this
question there has been studied disingenuousne~ and
deliberate perveson Of facts. Even the President OF
the United States after having pledged HIMSELF ~ tho
party he represents had pledged themselves that no
Constitution should be- deemed obligatory which bad
not been submitted to the people for ratification; ana
It'll protesting 10 uphold and stand by what 1t 10 de-
usvely characerizes popular sovereignty, never
iheIess affirmed, in his message, that it has been
fairly and explicitly referred to the people whether
90 they will have Constitution with or without
Slavery" while in that Message II is stated
that Slavery and the right Of property in slaves, ex:
lists in Kansas under the Constitution Of the Csited
Y States" and when by the very form in which the
question il submitted the Constitution recognizing the
existence of slaves must BIO accepted whatever the
vote the wishes Of the people "a to Ssvesy may be-
What grosser mockery of substantial popular sove-
regnty can well be devised than the submission Of
only single section Of o Constitution involving I'll
the rights and tho liberties Of the peOple' And what
more papabe abuse OF language thar 10 speak Of ouch
submission as fair" OF what Free state In this
Union would the people thus submit to be cheated OF
their right to decide upon Constitution in all it's psrsF
Or what theory of Freedom consist with such .
dishonest scheme for forcing an obnoxious instrument
dp6h On pnwilling people
In view Of these mort unwsnaDtabe proceedings,
and after the emphatic and repeated declarations BY
the President Of the United States, and after the yee
extraordinary opnioDs-not judicial dec..ions nor
entitled To any respect ~ such-Pronounced oy some
of the Justices Of the Supreme Court Of the United
States as 10 the constiutonality Oh slavery feel
called upon by what owe not less TO the well oscer-
tanned sentiment Of the "~""n Of this State than 70
ny own .sl}tespeci e. repeat here, vhm,p my s..s
Message assumed the deliberate conviction Of the
Free States that Slavery, in the States where era
its exists by virtue Of the local law alone and Chat
" it neither exists nor is confirmed there, nor any
where, by the force and effect Of the Constitution Of
tIa Infta Kat