The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1876-02-06
LAW YElss.

DoHler q. Herbert and jenkins Of
the Galveston NcWs are ont in two very
well worded articles on lawyers. Her
bert says:
will not detail the virtues and
worth and Importance to this and all
countries Of II fair and conservative
bar, but will say that the commerce
and welfare Of this whole country for
the last century have been under the
protection aud guardianship OF its bar,
and its progress and genuine prosperity
are, the world over the nightmare Of
despotism.
II we would avoid mob law--which
Is the abrogation Of all law-we muse
adhere TO The law and its forms. But
what is the law Of the land but the re-
suit of intelligent, conservative and
impartial trials And how Is this law
Of this immense country to be ascer-
tanned aud administered except through
the agencies established and ordained
by the constitutions Of all the States
Judge, jury aud counsel? How are the
facts Of each case TO be eliminated and
elucidated? Is everything to be left TO
the judge, or the jury? Is the prescott
ton to he represented and the accused
not represented? Is the Judge to be
the confident Of both parties and to
have interviews with them? And are
they, under his adVisement, to collect
and marshal their witnesses, or are
they to choose their own cOntidauts
and confer with their own counsel?
Arc lawyers, who have since the
dawn of enlightmcnt upon the world
been the vigilant watchmen upon the
towers Of liberty, the faithful guard
ans of the rights Of the people, TO he
shackled by the plaudits Of Censure Of
iuturiate partisans?
What grander spectacle than the vol
unteer defense, by Charles O'Conn0r,
of eiIerson Davis, in chains, and the
helpless object Of the pitiless Vengeance
of religious aud political fanaticism,
led on by the notorious fabrieatiOns OF
n lying and subsidized press!
Can you recall to mind, proprietors
of the News, u more signal instance,
within the scope of your recent expert
ence, of the salutary influence Of a
brave aud faithful lawyer standing up
in the defense of right under the
shadow and the frown of arbitra ry
powers? ,1&-
And Jenkins responds; We have gone
no further than to suggest that lawyers,
as officers of courts of law, have re-
sp0nsiOltes as we'll as privileges, and
that if those privileges are abused, 20
the manifest detriment of JUS
tice, society necessarily suffers, iu-
diCial procedure loses the confidence
and respect Of the people, and mob law
ia encouraged by their impotence and
dis gust. We took this position not
with haste, and not without reflection.
We adhere TO it because it is just, and
because it is in strict keeping with a
true and healthy conservatism. There
is nothing new in it. 1t is not di-
vergence from the received views OF
good and great men of all times. 1t is
as old as enlightened morality and
public virtue. Courts OF law have
been instituted for two purposes. The
iiySti is to conserve civil order by sup
pressing violence and crime. The sec
ond is to adjudicNte disputes between
individuals. The first is fundamental
If the courts fail to protect society
against violence and crime, then soci.
| ETY., for its own preservation, must cast
about for other means Of defense. But
we are told that, legally speaking,
there is no crime except that which
has been judicially aseemained and an.
nounced. That is to say, impunity
is innocence, snd any fugitive from
justice who makes good his escape, OF
any red.Eanded murderer who gets off,
perehance through the grace of &
Senegambian jury, combined with the
richly fed management of II covetous
counsel, is TO be. accounted guiltless
and above SUSPICION. $500 IL