The Alleghanian. [volume] (Ebensburg, Pa.) 1859-1865, 1861-06-13

We do not understand the rules of legal
practice-nor are we vcrsed IN the Jurls-
prudence which is constastly quoting pre-
cedents to justify legal decision, until law
and practice and judicial authority have
become stale and useless repetitions OF
worn cut dogmas, In which the judge can
least display his learning, and best cover
up his prejudices and his selfish instincts.
Like most Of common people, we caI.not
understand why judge should go back to
the reign of an English King to find pre-
cedent for the government Of "a nation OF
freemep We cannot comprehend why an
American magistrate should be controlled
by the decision of a Parliament with nei-
ther sympathy or affinity with the Ameri-
can people We cannot see why we should
not make as well as follow precedents.-
Ncr do we believe that two-thirds of the
American people, approaching justice
equally as well as Chief Justice fancy,
tho not understanding the technicalities
of the legal profession, would pause long
in their comprehension OF the making OF
sound precedent, had they the leaders
of this rebellion in their possession. They
would not, like the Chief Justice, explore
the musty pages Of history for examples
to justify their release, nor would they
pause for the ceremony of long charge
and short verdict, to Justify them in
their disposition Of these same traitors,
however much they uphold the law and
respect the law-giver. Plain facts are
more powerful than abstruse arguments,
even though such arguments. be adorned
with classic references, polished rhetoric
and brilliant diction. The truth is the
very best construction that can be given
to the law-and when we abide by the
truth, the law becomes in every respect
our guardian and our shield A traitor is
arrested His crime is notorious. The
effects of that crime were disastrous. He
is imprisoned as necessity of general
safetv-an example to other evll-doers, in
time of great public and private appre-
hension, when his release would be dan
gerous to the common interests and safety
of the entire nation. With these facts
before the judge-able to comprehend
and fully understand the condition Of af-
fairs-the plots Of traitors personally
known to him--the effects of treason be-
| fore his eyes-the fire of the incendiary
| almost illuminating his own portals-this
same Judge, Chief Justice of the United
States, falters, hesitates and bubbles
| hurries back through the dim labyrinths
| of his learning, ransacks his lore, pores
over his books, and revives his memory
Of stale and Ridiculous precedents to en-
sure the release of a selfproclaimed trail
! tor If all this effort had been made by
the Chief Justice to secure the escape Of
some poor wretch who had been persecu-
! l1- ho iCrbt ha
duced to admire the humanity Of the
| Judge that would thus use his skill and
| his cunning to shield brother from
punishment; but when this learning and
sagacty and skill are re-trained and be-
! come en.Ulous to assist the escape of a
traitor, our regard for the law is no less,
nor is our respect for the judiciary dimin-
ished; but our confidence in the integrity
of the man is shaken, however vergin@ on
| the grave he may be, with long life of
honor behind him, this single act, this one
effort is sufficient to dim the brightest
reputation, and cast doubt upon the
purest name that ever was earned by NOR
tai man.
After this act of Judge fancy, plain
people may we'll look around them, and
safely guard their own households from
the burglar, the assassin and the incendi-
ary We must all look around us, and be
prepared to defend our homes and our
lives and our families at the point of the
sabre or bayonet-more particularly in
times like these, when the construction OF
the law is used to mystify facts, and where
the highest tribunal in the land has too
palpably become tainted with treason In
an hour like this, we must give up prece-
dent for prompt and steady practice-for
a use Of the means and resources within
our possession for defence and preserva-
ton. We can do this and still obey that
law which he who runs may read and un-
derstand.
UNITED STATES MAILS SUSPENDED IN
THE CONFEDERATED STATES.-The Uni
ted States mail service is suspended in all