Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1880-04-10

judgment Of the press may be
wisely invoked, and its opinions
freely declared.
We all recognize its influence,
and we believe that, in the recess
of the Legislature and the neces-
sary silence of the Cpurt of APP
Leals, 1t can control the State Ju-
dietary so far as to prevent it f om
multiplying the supreme law of the
land, and perpetrating a great
wrong upon one class ofcitizens.
STORER
Harper's Ferry, March II, $50
The Charlestown Free Press
copies the above, and comments as
follows:
Perhaps it would give our read
ers better idea of our opinion Of
the above communication from
the Wheeling hatetligeacer of the
9th ult. to place it before them on
its own merits Tor demerit) with
out misunderstanding it with ST.
lent contempt. We had the priv
ilege of being a close listener to
Judge Hoge's admirable lecture,
and can testify that he neither ut
tered nor implied any such senti-
ments as those imputed TO him by
the Hteiligeaeer's correspondent.
The principle object of the lecture
was to implant feelings of rever-
ence for and obedience to the
Laws, either as prescribed by Stat
ute or decreed by the Courts, and
it would be strange, indeed, if he
had allowed himself to indulge In
any structures or carping criticisms
on any of our legal institutions,
whether of the State or Nation.
1t is. true that, in the course of his
lecture, while discussing the obli-
cations ofGovernment, as relating
to those of its subjects-members
of society-Judge Hoge alluded to
various instances in which its agen-
cies fail in the discharge of those
duties and, as was TO be expected,
spoke Of the recent decision of the
Supreme Court as likely to effect
an entire change in the whole
workings of the Republican gov
ernment,-and speaking of that
tribunal he termed it the Sanctua-
ry of the citizens for their protec-
ton againsnt oppression, aud put
the question to his audience wheth-
er that sanctuary had not been in
vaded, impiously and sacreligious-
ly-leaving the question 10 be
answered by those who heard it.
We think there is little doubt in
the mind CT any one of that large
assembly as to the true reply 10
that question. Does the mere fact
of citizens occupying the Office
of Judge forbid him from forming
or giving utterance to an opinion
upon matters, as these which are
of vital Importance as concerning
the stability of our institutions?
Cannot he be allowed to utter
protest against DEGREES which he
may conceive to be opposed to
ideas of justice and the liberty of
Individual members of society?
Mr.. Justice Fields expressions OF
opinion have been recorded in un-
fading characters among the
archives of the Supreme Court,
and surely others, in positions less
exalted, it is true. but deeply af-
fecting the welfare of the people,
are entitled to hold opinions of
their own on these vital topics. A
judge may dissent from any stat
ute which Is in force, and yet not
feel authorized to fail in his en-
forcement Of it; he may discharge
his official obligations, accepting
the renderings ofthose superior in
authority, and yet not feel bound
to agree III sentiment with those
decisions. If Mr.. Justice Strong
proclaim decision in which the
Circuit Judges of West Virginia or
any other State cannot fully con-
cur, they may still accept and en-
force these decisions when neces-
sary,
AS to Judge Hoge personally,
we have only to say, that for
more than seven years during
which he has served with emf
nent ability the third circuit in the
judicial capacity, he has not, in
fact or in the estimation Of right
thinging people, allowed the
slightest display of partially or
difference between white and
black, high or low, rich or poor
all who have appeared before the
bar have been equal in the eye of
the Law, and the correspondent
of the Intelligencer need have no
fear that any ''class' will fail to
receive justice from the Courts of
this circuit. In our judgment the
Lntelligencer would have done bet
ter for its readers by publishing
our synopsis Of Judge Hoges su-
perb lecture than giving them the
carping, unjust criticisms of its