Year: 1871

To the great disappointment of al i'm


mediately concerned, such Is the crowded
state Of the business at Washington that
they cannot, for the present, be heard.


The Attorney and Solicitor General were


not unmindful of the pressing nature of
these causes, and moved to advance them


on the Docket of the Supreme Court.


That high tribunal, we have full conf
dence, gave the subject all that considera-
ton it deserved, and, in view of the other
important and long delayed business before


it. deemed it inconsistent with duty to in


terfere with what had been specially set
for hearing, and refused the motion. The
Judges of this Court, influenced by those


feelings, always connecting themselves


may experience much disappointment or
even modification that our plan for so
speedy and quiet disposition of this irri-


tatng question so wholly fails. We. how
ever, accept, as every citizen should do,
this decision of the superior tribunal as


high evidence that it is right 1t should


give all much confidence that the evils we


feared would result from delay are not to


be experienced. Such certainly mdst have


been the opinion of learned and patriotic


body of men as we'll qualified TO judge,


and as far removed from all influences to
disturb the right exercise of their judg-


ment as any in the whole country. Sit


ting, IS we do here, in the midst of all the
circumstances upon which it has been ex-
ercised, we cheerfully acquiesce in the dis


position they have made. and continue
this whole class of cases to the succeeding


term.


We have spoken of the injury supposed


to result from the present conditions.


Without explanation, this may mislead.


1t would be indecorous to intimate that
judges claimed to be ineligible would not
rightfully adjudge the law; that an Attor-
ney General, Sheriff. or other officer, will
unfairly act between one class of citizens
and another. We add, therefore, that
what We most feared were the evils grow
ing out of the uncertainty OF official
tenure, and the sad consequences, in our
minds hardly capable of exaggeration, of
suffering any law, no matter how impoli-
tic and unnecessary, to be wholly disre-
garded by local organizations of great pow
er and influence. The minor and COM
paratively trif1ing questions Of whether
here and there the complained of offend
ers may violate private rights, and do
individual injustice is of but little import
ance. It is the danger of p pular opinion,
of communities growing bold by their To-
cal unanimity, rearing themselves above
and in defiance of the Constitution, which,
irrespective of all the accidents of the oc-
casion, we deprecated as citizens, and to
terminate which at the earliest POSSIBLE
period, We did all in our power as Judges
However plain may be the principle, we
deem it in the last degree dangerous and
disorganizing to transfer from the legal
tribunals to the hustings, the discussion
and decision of the validity of laws, after
they have received the sanction of all the
legislative bodies demanded by the Con-
stitution. If the people will still follow
their party leaders in hostility to the regu-
larly organized departments of the Gov
ernment, If they will again assume to de-
eide, in passionate circumstances, so lily
calculated to secure right consideration,
and are led into this disorganizing and
revolutionary action by the oldest and
ableet members of the State, and all this
while the miserable consequences flowing
from the late war are, as yet, hardly modi-
fed by peace, it was natural, we submit,
for Judges having the proclivities SO gem
orally belonging to their positions, To fear
the consequences Of this political expert
ment. It was fear springing from prin-
eiples the most general and universal in
their application, having small reference
to the persons and particular organiZa-
tions and parties, through which, IN his
instance, the formal laws are overthrown.
AS we have already quite plainly said, the
actual attitude of the offenders, the patri-
otlc course pursued Dy their professional
carrying out, undoubtedly, the
wishes of clients, the treatment which
these seemingly exciting facts receive in
high quarters so entirely competent to cor
rectly appreciate them, go far to convince
us that however true may be the generali-
ty upon which we insist, that there is
neveri heless something in the pecuiari-
ties of its present violation and the gener-
al conditions of the country which war
rant policy different from that which we
have so earnestly and confidently tried To
promote. 1t is now quite in the power of
to SO aid, by cancellation and good offices,
the healing influences of time, as to de-
nonstrate at an early day their superiority
over the severer process of courts, triais
and punishments. - r -


- River Disaster.