Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1884-01-26
-..,.v AND WEEKLYs


a..stIe. June 10 1883.
LAW AN0 0RDEa.
A. . good deal Of inquiry has been
"a. A te the doctrines advocated by
- various speakers at the late Law and
s,dsr meeting in this city, We have in
s.,,;sved Judge Jacobs, and present the
eI,ovinQ as q summary OF his address
..,r that occasion. After an introduce
tery statement he said:
Inv vas a majesty before whom all
-rst hov: sovereign to whom all owe
.is.s;anoe: a power behind the throne
Ss;sh in it's notifications through the
scdv nolitic, like the circulation OF the
Eccd Ia the human body, touched and
sontrolled every person. Law was the
-, and harmony of the universe, says
Sssncn. II was a rule of action. says
1usckstoue. The Judge then enumerat-
= the different kinds of Law: divine
~ vhich was a rule of faith; natural
- which was q rule OF morals; ma
Hnnal Law. which consisted OF the sol
I'M stipulations of treatiss and those
Msat principles Of justice and equity
vhich we're Of universal oiligation.
TNsee we're Blackstone's definitions OF
.rnnioinal law, to Wit: A rule OF civil
eonduct. prescribed by the supreme pow
- in the state, commanding that which
- riOht and prohibiting that which
- wrong" The Judge said he would
ealI attention bat to two points in these
esiehrated definitions: LIST Every penal
hv must have q sanction or vlndicary
nayt ar nunishm ant attached to 1t. 1t
va an essential part Of the Law. md.
Every civilized community had oissn-
butsd the powers Of government into
three distinct Glasses: tho executive, the
iudiOial and the legislative. VI these
the greatest. the supreme, vas tho Iegis-
lstive power. Law-makinR Was tne
highest fuuetien Of mortals. In THIS
regard mans power impinged upon tne
attributes of the infiuite. 10 the ieRis-
lature belonged the sole and exclusive
right Of passing upon all questions OF
sxpedienoy, policy, wisdom or justice OF
any proposed Law. Its determination is
Anal on all such questions, 20 far AZ she
obedience of the citizen IL concerned.
There was no appeal but to future legs
latures. II the law WAS simply unwise,
impolitic or inex pedieut, and yet consti-
tutional, IL was the duty of the courts To
enforce and the duty Of the Citizen to
ohoy, II it vas unconstitutional, u Was
% law, and absolutely null and void
from the beginning. The citizen had
- right to discuss publicly and pri-
veAely the wisdom and policy OF any
~, existing or proposed, and TO organ
- for the repeal Of the one or the de-
feat Of the other: but further he could
nol lsQitimately 60. He had no right az
isdae or iuryman, or otherwise, to diso-
~ The Law, no matter how strong his
eonvictions might be as to the impolicy
a such laws; for the right Of one citi'
IN In this regard is the exact measure
of the right Of every other citizen. II
John Doe can AZ juryman nullify one
lsv because be deems il impolitic, Rich
ard Roo may nullify another because,
ioesooth, IL is, in his Judgment, inexpe'
disnt 20 enforce il, and 30 on. Thus
lAvs would derive their validity not from
~ will OF the legislative power, but
from the notions and opinions Of men
Who sit on the bench or fll the jary-box.
euoh q condition Of things would lead
b chaos and anarchy.
"What about that text OF scripturcs'
~ asked.
.Well," said the Judge, "there Was a
eluaeer Of topics which desired to oail
10 othe attention of the brethren and sis-
tsn,' % quoted the following text: Boz
eanse Judgment against our evil work II
not executed speedily, thereupon the
hearts OF the children Of men were fully
q within them TO do evil The Judgment
meant in the text Was not the hnal de-
termination Of q court OF justice, but
~ punishment denounced by law
against offenders. The first thought
o1aGsotel was, that Il Was necessary IN
eedoe that punishment should accom-
plish its purposes OF safety, reforma-
tiou and deterrence, that 10 should fol-
loW close upon the heels Of the trans
QroDiou or oifense. We have an ex-
ample In natures laws and their trans
ess11o.s. No man twice put his finger
n he Are. No man twice violated ma
l1re's laws Intentionally. One OF the
roaecos WAS that the punishment i'm
0o6iAtely followed. Hence to know the
Nv vas 70 obey it. 2d-It was the csr-
e1inky, and not the severity OF human
\ lonlshmeut that deferred men from
- evil. II the punishment denounc-
- ~ Law against an offender always
osoItook him, mems hearts would not
- tully set within them 10 do evil. IL
- ~ uncertainty Of punishment that
o0eo1dened men to violate lAw. Here
eGniA natures laws sGorded an illustra-
~. Her trans0reas0rs never cxpested
- penalty. Hence violations OF her
~ Wese accidental and unintenttOnAl.
Ioe third point made by the Judge
- b way Of suggestion and discn>-
80. He stated it to be his deliberate
Judgment that al matter Of fact that
- psnal Law would q ,cOmplish is de-
e4oed purpose ualess it wss the en-
sediment Of the moral convictions OF
~ Gfeat conservative minds OF the
eonmunity in which it Was 70 have OPP
aAttoa. He said tho wise legislator
leeoanissd facts, convictions and opin-
- - they existed, not ~ they would
Nv them Be. He would 60 a. far a.
= oo1ld safely 90 in the limo OF absO-
- night and perfect morals and NO
n.eAee. Law vas very poor moral
Ie9nee-it vas good hsldine ground
Oeoevs all gained in human advance.
enA Hs sAid n illustrous Of his opin
- q this point, that society could be
SSo sueO WIG otdu9ce. ksts NO beos.
-; ID, the conservative mAsece, and
~ basss order Of fellows. IL = Law
- but the embodiment OF the sensi-
- and opinions Of the Radicals. fo'
eanee, - though il b but the carry
oot oe principles to their logical 70
- Il would not be enforced by to-
- classes. Such 10 the practical his
~ q the world The Judge enlarRe'
- this point, and Ravs many illus
.saoas Of the principle, bat 30 vil
- aeeempt TO prodaoe them.
O!ifosnia Market, Front and Senec
eeea carries 6ns stock Of applet
eeA nuts, poultry, game, canne
-she bcst in this market; aAu
c- ptRs' feet, potatoes vegetable
-. general line Of market pr0duc
- ~ agent for Booths oslebrats
IN Oysters, received every Thur
e1soet from Baltimore. lo-lm
seeat saalea, weighing - Ne. ca
ealy l0e. sasb. at The 0olde
II n fnnk ahaH k~...-. I~>l>.. 49, m,