The Yazoo Democrat., 1859-06-04
THE COURTS AND THE LAWS.

Many months ago, the Criminal laws,
contained in the New Code, were the sub
ject of much discussion by some of our
fellow citizens, and now that their applica-
ton and execution are being witnessed,
some of them will give food for reflection,
deep and serious, to those who wish to see
our penal statutes obeyed, and that obedi-
ence to result in, nought but good to our
State, to communities, and TO individuals.
We take it for granted, that the people
are law-abiding peo pie, and wish the pur-
poses of our governmental be accomplished,
and for this object have selected Courts, off
GERS juries, ETC., by whose instrumentality
the laws shall be executed, the proper ends
of society subserved, and thus justice se-
cured to the individual and to the mass
But to obtain this end, the laws must be
good, and their Instruments Of execution
good. If both be good, then, little danger
will result to the individual, who has yielded
some of his rights, as such, and by nature,
that he may gain others to himself and his
fellows. If one be bad, then of strict ne
cessity must the other be better, Or little
probability will exi of justice being done,
and there will be imminent danger that the
individual man will have given up his uatu,
raj rights, without corresponding benefit ac
cruiug to him from society Then, if the
wisdom of our legislators has failed, and
they have enacted bad laws" it is abso>
lutely essential that we have the very best
wsest, most prudent, impartial and honora-
bic officers, or the individual will be de-
frauded, and will suffer from the very con-
cession that was intended for his advantage,
and that of others, en- nsasse. In one view
of this matter, our legislators, in their en-
actments of laws, must look to the moral
sense of the community-to the tone of
public sentiment-the opinion of iudividu-
ais as whole, that they may avoid very
serious error that of making the laws a
{" dead letter." practically void For in
stance, so long as public Scntiment shall sus-
tain the practice of duelling, no man will
be found guilty" of heinous crime-con.
victed of " murder" let the statutes be never
SO severe; nor any number of men lin
South Carolina, to,wit)-be found equity
of piracy" who shall buy negro from his
Ethiopian master, free him from the despots
cruel rage, take him away from his power to
kill, and bring him to happier home and
better condition. No one will be disposed,
in the face of facts, to deny this plain props
osition.
Then, in such q case as this even, we
should have UiSe officers of the law, prudent,
discreet, polite, who will see that the money
of the people, their time and labor, shall not
be unnecessarily expended and used, where
no benefit can result to any one, or to the
State, inasmuch as the offender will not be
puuished-the law not executed but "dead
letter" There are great number Of
crimes, heinous in their nature, terrible il
: their effects, and ruinous in their conse-
quences to man and society, which would
fully employ all the legal talents of our off
GERS, and all the wisdom of our Courts, ever
if little by-the.way errors of omission Oh
commission were not prosecuted with sucl
mighty vigor and industrious energy. Now
we would ask of our peaceably disposed anC
law.abiding citizens, whose great honor anC
chief desire is to avoid, with horror, tht
perpetration of crimes that startle and shocl
humanity; whose purpose it is TO teacl
obedience to the law of tho land, and not it
violation who, never before, we're in Cour
of Justice, Tor injustice?) and whose last idei
and wish were ever to be: we ask of them
why should they be " frightened half tt
death" with the solemn aud terrible accusa
tion Of having committed a great Grim
"against the peace and dignity of the State,
for, perhaps, just such an outrageous, indie
cent, and basphemous offence, as used t.
horrify the witch fearing and witch-hatinl
people of Connecticut, viz 4: " the kissing
mans wife on Sunday" letting out littl
" bad word" in half mile of church,
or happening to say to person, who reall
and palpably was such, that he was a Dam
phool." Or, if you are not fotch up
standin'," with pale check, trembling knees
and woe -begone phiz, for an offence precisel
of kith and kin to these, then, you are fo
r one as absurd, and, perhaps, prosecuted wit
as much vigor and industry as if you wer
, a felon.
If, in this country, abounding in game
in your wild woodland home, a pack @
hounds open on the track of buck: tn
music strikes your ear and thrills your heaEt
if he comes proudly and defantly boundin
toward you, as if to say, shoot me if yo
t dare its Sunday-the Lords day, nc
) yours or, you can't hunt in June, IF, i
such case, you snatch up your trusty Of
rife, and, under an irresistible impulse, fol
low him hundred yards, then return, VIII
are you to be dragged from your family an
interests, and the grave charge, in grav
manner to be brought against you, of hay
ing, "against the peace and dignity of th
State, and form of the statute, unlawfullJ
wckedly, and feloniously," with I" force an
arms" the deer aforesaid, with tail aforesai
standing up in the air or atmosphere afort
said, then and there, with intent to defrau
of caudal appendage aforesaid the said dee
either fawn or a dam, doe or buck
{ looked at, rushed at, ran after, and blaze
away at, or in quarter of mile of, wit
further unlawful, wicked, unholy, fagran
felonious, and most damnable, confoundab
t and dogonablc object, intent, attempt an