“Umph! ‘Time will show;’ which is the English, I suppose, of the ‘_nous
verrons_,’ that is flying about in the newspapers. Yes, she has money to
buy three or four journals, to get up a ‘sympathy’ in her behalf; when
her acquittal would be almost certain, if her trial were not a legal
impossibility. I am not sure it is not her safest course, in the actual
state of the facts.”
“Would you think, Dunscomb, of advising any one who looked up to you for
counsel, to take such a course?”
“Certainly not—and you know it, well enough, McBrain; but that does not
lessen, or increase, the chances of the expedient. The journals have
greatly weakened their own power, by the manner in which they have
abused it; but enough still remains to hoodwink, not to say to
overshadow, justice. The law is very explicit and far-sighted as to the
consequences of allowing any one to influence the public mind in matters
of its own administration; but in a country like this, in which the
virtue and intelligence of the people are said to be the _primum mobile_
in everything, there is no one to enforce the ordinances that the wisdom
of our ancestors has bequeathed to us. Any editor of a newspaper who
publishes a sentence reflecting on the character or rights of a party to
a pending suit, is guilty, at common law, of what the books call a
‘libel on the courts of justice,’ and can be punished for it, as for any
other misdemeanor; yet, you can see for yourself, how little such a
provision, healthful and most wise—nay, essential as it is to justice—is
looked down by the mania which exists, of putting everything into print.
When one remembers that very little of what he reads is true, it is
fearful to reflect that a system, of which the whole merit depends on
its power to extract facts, and to do justice on their warranty, should
be completely overshadowed by another contrivance which, when stripped
of its pretension, and regarded in its real colours, is nothing more
than one of the ten thousand schemes to make money that surround us,
with a little higher pretension than common to virtue.”
“‘Completely overshadowed’ are strong words, Dunscomb!”
“Perhaps they are, and they may need a little qualifying. Overshadowed
often—much too often, however, is not a particle stronger than I am
justified in using. Every one, who thinks at all, sees and feels the
truth of this; but here is the weak side of a popular government. The
laws are enforced by means of public virtue, and public virtue, like
private virtue, is very frail. We all are willing enough to admit the
last, as regards our neighbours at least, while there seems to exist, in
most minds, a species of idolatrous veneration for the common sentiment,
as sheer a quality of straw, as any image of a lover drawn by the most
heated imagination of sixteen.”
“You surely do not disregard public opinion, Tom, or set it down as
unworthy of all respect!”
Public-domain text, read in full here on John Shaqi.
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