Year: 1866

LAW AND OhDkh DE>i- Ar Tn n Ae -
stated in the Union that. the United States Mar
shal has carried off Averys books, and OF course,
has thus broken up the double barreed Assessor 5
Office that was being engineered in Sacramento 1t
is further reported that criminal proceedings are to
be Immediately commenced against the Assistant
Assessors under Avery for refusing and uegecting
to make returns TO Bgler. The Marysville Appeal
'.hopes this rumor is not well founded. as many OF
the Assistant Deputies are poor but honest young
men, and have nothing but their honor at stake.
They thought TO preserve that by refusing to report
to man they recognize as traitor, and then
asks where jurv will be found to convict these
Assistants! Now, we care nothing for Bigler and
Avery's squabbe for official official position, far


ther than is necessary to the proper maintenance
of law and order. 1t is quite evident that this
whole difficulty originated in the over Jealous ad-
vice of partsans, who did not stop to look at the
law and precedents governing the case; but simply
made M their own minds how it ought to be, and
then determined that it should be so. 1t is better
perhaps, that an unpopular man should be reeog-
nized as an officer if his appointment be legally
made by proper authority, than that the law should
lie disregBrded. There is always legal remedy
for such cases, and the people can afford to await
the period for exercising their just and constitution
al authority in the premises. 1t may seem hard
sometimes but it will be found better than usurpa-
ton at all times. Obedience 10 laws when laws
suit individuals, and repudiating them when they
do not suit, is not patriotism, nor devotion TO
country. Laws and authorities must be recognized
until legally changed. And, thanks to our system
of government. the people not compelled to en-
adrn lnisf sfrnti tiDD
of affairs, for any great length of time. The endu-
rance of what may be considered a temporary
wrong even, is preferable to usurpation. That
once inaugurated and successful, and the strongest
hand of tyranny seizes upon crushes out the iber-
ties of the people. But the appeal would like to
..know where the United States District Attorney
will find jury TO convict these Assistants 2" If
these Assistants have been guilty of a wfu viola
ton of law, we tell the appeal that a jury may be
found to convict them in any District and in any
community of good American citizens. In San
Francisco, in Sacramento, in Marysvile, aye, in
the dppeai office if they good and true citizens
who regard their oaths, to find true verdict, in
accordance with the law and evidence. Who would
take such an oath, and not discharge his sworn du
~ conscientieusly? What is there of free govern
ment, II the pubic virtue DC lnsl Dy suCu
and the people be taught to disregard laws because
administered for brief period by those whom ac-
dent has thrown into power? How much better
would that Jury be who should refuse to render
verdict in accordance with the law and evidence
than Andrew johnson any of his appointees
However the question OF the AssessorShp may ter
inmate we trust there may be no disposition on the
part Of the Deputies to contumaciously violate the
law We do not imagine that they have contem-
plated doing So but simply thought that Bigler had
not obtained legal possession of the office, aud was
not therefore, the proper officer to report to. We
do not desire to see them convicted, unless they
have been guilty of A wful violation and usurpa-
tion of law What we do object to. however, is the
idea, already too deeply insted into the minds OF
the American people by overzealous partizans, that
ii is no crime to disregard laws and official oaths
where they do not happen to agree with party
platforms Partisan platforms are made Tor the
purpose of inducing the people to change their
laws in a legal and constitutional manner. Until
such change is Effected, it is the duty OF all good
citizens to uphold and abide by the laws whether
in the jury box With this view, we think a jury
might be obtained from the appeal office, TO render
verdc t, even on trial of these poor but honest
Young men" in accordance with the law and evil
dence, whatever that might be. If not-well, the
reverse is not a supposable case.