The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-02-20

10. oor n eracted here, as ithas been else
,sbsra bv the military authorities. That
s " has not been without its legitimate
; %pH mon us. It. has subserved the
nniv nroper purpose for which 1t could
have been designed, and that was to
persuade us to the fullest scrutiny,
the most patient investigation, and
the most careful reflection touching every
branch Of this importantinquiry. Farther
than this 1t could not avail with this tribu-
nal. No matter what consequences may
follow, nor what action may be taken by
the military authorities in our present un--!
settled state, the apprehension OF them
cannot and ought not to deter us from the.
fearless discharge Of our responsible duties.
But it should not be forgotten that there
are opposite evils of perhaps greater mag
nitude than those which have been SO
feelingly depicted and deprecated: 1t has
already been seen how these high consti-
tutional sanctions of private right have
no other means of vindication but oy the
Judiciary. Is it not, then, worth While 70
consider on this side of the question Whst
deplorable caiamities, moral and political,
might attend the surrender OF this last
bulwark by its sworn defenders through
subseryiency to temporary interests or
passions, or timid disposition to sacrifice
convictions to motives of expediency NO
greater or more enduring misfortune, 1t
seems to me, could befall people blessed
with a constitutional form of government
than sacrifice of any of its Fundamental
guarantees by that department of its ser
vice which, by the nature of its organlza-
ton and functions, has ever been counted
| on to uphold with stern inAexibility pri-
vate rights and public morals. Great
as might be the sufferiDgs growing out
of judicial sentence against this law
| and widespread as might be the ruin OF
individuals, and the sacrifice OF property
under it, they are not for one moment to
be compared with the evils likely to attend
the demoralizing example Of q Judiciary
seeking, however covertly, popular favor
by some skilfully disguised compromise of
its highest and most imperious duty-that
of disdaining every pretext, however
plausible, and withstanding every tempta-
ton, however strong, to betray in the
slightest particular the requirements OF
the State and Federal Constitutions. Such
spectacle of weakness and subserviency
upon the bench, if it did not shock, would
incurably deprsve public sentiment, de-
stroy confidence in the administration
of the laws, spread corruption through
other branches of the public service, and
fearfully depress the hopes of the friends
of constitutional freedom. And it really
| seems to me that it would only be due to
that gracious order Of Providence which
overrules evil for good if these pernicious
| effects should indeed stop here, and not
descend to every walk of life and all or
ders of men, spreading abroad the conta-
| gion of dishonesty, weakening respect for
| law, cerrupting the commerce, and de-
bauching the morals of society. In view,
therefore, Of all the considerations that
| bear upon this case, and the responsible
ties that grow out Of it, am constrained,
though with diffidence, to follow my clear
and undoubting convictions which lead
me to affirm the decree below.