New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-03-22
Tile QUESTION OF LAW.

NeW-OreanS holds that civilization mas ils
necessary limits. In most places and at most
times law and order ought to be upheld. but
here and there no one can tell precisely at what
place or time the whole machinery OF se1-goV-
eminent may break down. Then, according 10
the New Orleans theory, whenever mon may
so decide, government must step ASIDE. CNh-
ization could not get on but for TINS safety
valve of semi occasional mob rule. 90, accord
ing to New Orleans, self-gOyernment must be
temDered with assassination in order to preserve
civilized society This was the opinion OF New
Orleans some wears ago it is to be remembered.
A political convention was massacied because IL
was not in accord with the wishes of the mob.
The good people of New-Orleans then MAIN
tanned that it was absolutely necessary 10 over
throw what they pleased to call negro govern
ment, in order to maintain CIVILIZATION III lhaV
city. But, putting aside all thought OF the past
in that and other cities what snail DC sdlu Vi
the theory of sef-government
Ii must first'be said. if the New-OrleahS ldea Is
right that no city is fit to govern ltse1 IN ci'le>
the laws are always administered baby lech-
nicalities frequently get the better OF justice.
Criminals always have the best chance to escape
if rich themselves or if they have nch 1llehdS'
Combinations against the interests OF the people
are always liable to be irresistible, at least ior
a considerable time when they are aolc 10 sway
by their means, or their chicanery, or ther APP
pealS to popular prejudice, the iloating populd-
ton OF a great city If this Is so, theh SelI-
government in cities is failure 10 IS never
justified as mode of protecting society H. work
ing badly all the time as it does 1t must ne
abandoned whenever n mob may choose to take
the law into its own hands. The ballot, mOdl-
fed bv lynch law. cannot be chosen by any IN
telligent man as a mode of government Men
shrink from putting their thought into naked and
plain words, even in NewOrleans, but the under
living conviction is that the ballot cannot be
trusted. unless the mob is ready TO reinforce IT..
Sef-government is already, or is at any time
liable to become, a confessed failure which the
people will not support, If tins theory is cor
rect
Against these theories there stands one pnn-
cipIe 1t is this that law or the embodiment
of the will of the whole Nation, should always
be upheld If its workings are contrary to pub
lie opinion. nevertheless it should be upheld
until it can he modified or abrogated by leglti-
mate methods. 1t is the only anchor by which
civilization can hold. This was hard lesson
for New Orleans to learn. Yet until city has
learned that lesson it is not in true sense ut
for self-government. 1t must be realized that
mob government is always wrong 1t cannot
fail to do some injustice as when persons against
whom no evidence whatever existed were among
those slaughtered at New-OreanS. The same
sort of thing occurs everywhere. Neither the
rights nor the property nor the interests OF the
great body of the people can be safe anywhere
at any time if the Government is liable to be
set aside or overthrow by mob. There is al
ways something better than mob law, and that
is the support of the constituted authorities.
1t NAV be that the laws when badly admins
tered bring bad results, but still it is better to
uphold the law and to work ont the best prac-
ticable results through its operation. ClvIliza-
ton has 10 other choice except between the
government of the mob and the government OF
law and it is not possible to maintain the two
in harmony or in mixture When mob law
comes in all respect for the forms of government
and the restraints Of law must inevitably be
undermined, and presently oyerthrown.