New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-05-15

be- Gid nc. paced 10 posnf 70 .nro NC WAR
bsve seen Il II j; had occurred, AsJ ue cohus"c'o'J
The limitations 10 the doctrine contained IN the
words eff h. was placed in position IN which De
would have seen il, y may perhaps redeem II from
condemnation az nonsense; yet oil course hooouy
can know whether he would have observed or DOL,
even if in a pOsiton to observe. Suppose i'nr 'nen
are absorbed in whist when the clock strikes tehII
will not suppose case which Will seem 70 inPv
that that game may be played until late hour-ohs
Of them may hear i and be able to swear 70 H. anu
the three others, though IN as good position 70
hear il, may not According 20 Judge Shaw, the
evidence that the clock did not strike would be over
powerDg, three 10 one.
Let me proceed 10 the controversy about Judge
Shaw's ruling in the nuisance case. fou already
Know what this ruling IL. OF course 1t ls not al
lowed TO pass unquestioDed. Yet you would hardV
deem it possible that such papers as The Boston
Courier and Journal would venture 10 critcise II.
What are We coming to IL the public faith in the
decisions Of courts to be undermined at this late
day. by these eminent conservatives Are we to
believe what the radicals and abolitionists have al
ways said viz that the this class has felt
and expressed for the Chief Justice, has only been
founded on his services in behalf OF the Fugitive
Slave act, and that the moment he encrOached upon
any of the ancient defenses of Hunkensm and
Wrong, there would be clamOr against him /
shall not be surprised to see these papers, before
long, suggesting that the Chief Justice is getting
little too old for active service and that perhaps
he had better retire before he loses the lalrels he
haslwon.
lhaye only to say, in addition, on this subject,
that in Springfield, in Cambridge, ia Chelsea and
in Milford the law according to Shaw has been
enforced without resistance and with the concur.
renee apparently Of conservatives as well as tenn
perance men. In these places, the police have
taken the matter in hand, and have proceeded IN
formal and official manner. 1t is to be hoped that
the work will be left to the proper officers. There
is great veneratiOn in the Yankee mind for the Of
fetal staff and badge, even when the legal warrant
is wanting, and if the police are careful and keep
themselves within the restrictions stated by the
Chief Justice there will be no resistance, aud no
demand for the repeal of the law. The LecOmp-
ton Democracy will Of course be indignant. They
probably look upon the decision, and the proceed
lngs under il, as party measures designed, by re-
moving from the people the means OF getting drunk
| to impair their belief in Pro- Slavery Democracy.
should not be surprised to find them agitatlng for
Judge Shaw's impeachment, or removal by address,
on the ground that he has prOstuted his Office to
party purposes. But then other men are equally
| guilty Every schoolmaster and clergyman in the
| State is conspiratOr i'll this point of view, and
| liable 10 be put down.
am sorry to say that Mr. Buchanan's interior.
in favor of the martyr Loring is not received
with much favor by his party i'll this region III
mOyal would have been TO keep some good LecOmp-
| ton Democrat out of snug 81, 200 place, they
would never have made such clamOr about It.
The Post is far from cordial, and there is grumbng
in the CustOm-HOuses. 1t is stated that Lorlng
voted for Fremont but this is not probable story.
Gov. Banks has appointed eighty or ninety trial
Justies, under law Of last Winter, which provided
that a certain number of Justices of the Peace
should be designated and commissioned" to try
criminal cases The great body Of Justices are pro-
hibited from acting III criminal matters. The law
allows 70 the whole State about 10 of these trial
Justices but the Governor has kept down the num-
Der udiciously though he probably has some more
appointments to make. His selections are very
good ones, far as know and the law will prob
ably be more popular than similar one which was
passed some years ago, and afterward repealed.
Half dozen members of the last Legislature are
among the Justices newly appointed, and / infer
from this fact that the act is not considered crea-
ting new officers, but only as setting apart portion
of the old Justices for certain class of duties.
There is State law which fOrbids members of the
Legislature from holding Offices created during the
session for which they are elected.
/ have done my best TO speak well OF Gov.
Bankss nominations, and have generally succeeded.
Yet whenever have thought proper to comment
w Oh the appointment of such men as the deidmer
of Fremont and the " friend" of Brooks aud Ed
mundsOn, have been met with the chldings OF The
sustaining the Governor only when it euloglzes all
the men he appoints to office ! am sure Gov.
Banks recognizes such test of fidelity to the prln-
ciples of bis administration. He never said "A bet
ter thing than this, which find in his speech de-
livered at Worcester early in the campaign OF last
year:
The partisan press was only hs an existent and YET la
filled It's mission in rePas the way for more EXPANDED en
intelligent system OF journalism. The old press cou hear aud
feel nothing that favorable its patrons hos
tile It's And the soul incapable OF like division, It
attempted to grope its 20 Immortality without any soul at
all II painted only in Of light and shade. For lie ps.rops
the golden hue OF the Ts not too brilliant aud for ia foes
the darkest shades ohe neither world insufficient, And II
look upon with satisfaction feel that
there Loig in its life that became like the leaving H. IL
place have elevated expansv and intelligent system
ofdcpendent journalism Supported only by genera, PATRONAGE
in perv ming ruth. The little thst is LEFT Of the
ole 10 like The journalism OF Louis Napoleon compared
with that Of FL glaze United There is higher
IL either country than tia, Of the Independent journalist
but is maintained only by superior wisdom and high Integrity
the ettence of either s the ancient level But while
elevated it 10 private interest IA candidate for
popular support cannot and do Lot desire 20 commsod
The Judges Of the new Court of Probate and ln-
sOlyency are understood to have been nominated
but not yet confirmed Such names as have been
published belong to good men.