Daily national Democrat., 1861-05-11
The Santa Clara District Court.

embraces Santa Clara county, has adjourned
his Court for the term, for the reason that {
late decree has been set at defiance by set
tiers in that county. 1t is of but little avail
for Courts to enter judgments unless they
are executed, and Judge Mckee has very
properly determined to wait before trans
acting other business, and see whether Judi
cial orders can be executed. On the opening
of the Court the Judge thus addressed the
| Bar:
GENTLEMEN OF THE BAR: Since our last ad-
journment events have happened in this coun-
| ty with which you are all, doubtless, familiar.
| The Court cannot overlook them if it were
so inclined, for they constitute a part Of the
history of the times Process, issued on a
| Judgment rendered at the last tcru, has been
returned uneXecuted, because upwards of a
! thousand armed men met TO resist it, and
| the citizens of the county failed to come
| forth to the assistance of the officer. The
| Judgment of the Court, therefore, has been
openly delied, and its process successfully re-
| sisted
We do not know but that the same defiance
| and resistance may be made to any process
which might be ISSUED upon any judgment
which might be rendered at this term, and
we are not disposed to engage in the judicial
| moekery of sitting here to render Judgments
which are TO be temporarily annuilcd by the
arm of violence.
An association of men. antagonistic to law,
seems to have made it question here,
whether the rights Of the citizen and his pro-
perty are to be determined by Courts of law
or brute force-whcther the confusion and
violence of ANARCHY, or the supremacy and
integrity of law are to prevail? This ques-
tion has been forced 10y them upon the peo
pie of this county and state, and must be met.
We hope that it will be speedily and pcacca-
bly adjusted ty the u oderaion aud ntcll-
gehct OF the people themselves. if not, it
must be by the iron hand of the State! But
until it is met and determined. it will be Il
vain thing TO open the doors Of the Court, for
it i still true, as of old, that laws are silent
in the midst Of arms.
it is impossible to learn what these men
can promise to themselves or to others by
their lawless conduct. Armed resistance TO
law will not relieve them from judgement
of the Court. If they should eXterminate
| the officers who attempt TO enforce it, others
will take their places to discharge the same
duty. If they should kill men in their re
sistance, the blood Of their victims Will he on
their heads, and the laws Of God or man
must at last overtake them. If they should
be killed, they leave their widows and or
phans to the beggarly elements Of Il commu-
nifty disturbed by their wicked acts, and the
heritage of their violent deaths And even
at the end of career of boodshed crime
nd revolution itself the self-same question
exists which i now upon them-the Judgment
! of the Court still remains, and must be en-
| forced.
OF the men engaged in This war upon their
judicial tribunals doubtless many are perna-
Hcnt and intelligent citizens, and owners of
| property, real or personal. These must know,
if they stop TO reflect at all, that their pro-
perty, sOmo day or other, may require the
| protecting arm of that very law which they
now defy. They must know that without
law, and that respect for it which character
! ICES the true and brave citizen every where.
they have no guarantee that the property
which they claim to-day may not be lorcbly
taken from them tomorrow. The spirit of
| awless violence which they now invoke may
hereafter be aroused, and turned to tvrannze
over them and with what consistency can
they demand protection against it, if they
| now recklessly ding away that which con-
stitutes their only shield ? Where will they
turn for redress if they cut themselves loose
from the courts of law and the remedies
which they afford? They will not find it in
the promises of an irresponsible mob, organ
| lied though it be in the form of a Settlers
League, and armed though it be to maintain
its own unlawful existence. For the only
way it can enforce its commands is by de-
motion Of the whole social system or bv
threats of crime and destruction of property
breathed against those upon whom and for
| l,rl, Of tt..,, f. to.
! While this state Of things exists the Court
| cannot, with a proper regard for its own self
respect, and that dignity which ought to
characterize its proceedings, hold a session at
this term This state of things must be cor
rectcd We hope that it will be Immediate
| ly 10y the good people of this county them
selves, and especially those of them who are
now defiant to the judgment and process of
the Court. We hope that the defendants in
this Judgment will be disposed to listen to
the voice of reason and common sense, and
not be carried away by an insane folly That
| they, as well as others, will act as becomes
men-wthdraw from all illegal oath-bound
organizations, and take the settlement of their
suits and difficulties into their own hands in
stead of submitting them to the arbitrary
council of a power whose very existence is
a standing threat against established order
If they do so they will promote their own
and the public security, and restore again re
spect and honor for judicial tribunals They
themselves will be better and more prosper
ous now and hereafter, while at the same time
they will be demonstrating to the world that
those only arc entitled to the name Of free
men who can triumph over themselves by
yielding obedience to the laws, and submit
ting to the order of their Courts.
BY the next term we hope that these Diff
culties will have passed away, and that by
the consent of all, and over all sovereign
law" the estates" collected will" will hold
her accustomed authority But until then
we will not degrade the office with which we
have been entrusted by engaging in the Judi
cial farce of holdinga Court whose Judgments
and process are dishonored by thistpeople.
The Sheriff was then ordered to adjourn
Court for the term.
Stephen A. Douglas made a great Union
speech at Columbus, Ohio, on Tuesday morn
ing. lie urged all to stand by the Govern
ment and crush out rebellion. His speech