Western Characters; or, Types of Border Life in the Western StatesMcConnel, John Ludlum
General
Western Characters; or, Types of Border Life in the Western States
McConnel, John Ludlum
Frontier and pioneer life -- Mississippi River Valley; Mississippi River Valley -- Social life and customs
Nor was the rule a bad one. A justice of the peace chosen upon this
principle, possessed two qualities indispensable to an efficient
officer, in the times of which we write--he was prompt in the discharge
of his duties, and was not afraid of responsibility. To obviate the
danger, however, which might arise from these, he had also a rigid sense
of justice, which usually guided his determinations according to the
rights of parties in interest. This, the lawyers will say, was a very
questionable trait for a judicial officer; and perhaps it _is_ better
for society, that a judge should know the law, and administer it
without reference to abstract justice, than that his own notions of
right and wrong should be taken, however conscientiously, as the
standard of judgment: for in that case, we shall, at least, have
uniformity of adjudication; whereas, nothing is more uncertain, than a
man's convictions of right.
But, in the times of which we are writing, society was not yet
definitely shaped--its elements were not bound together by the cohesive
power of any legal cement--and no better rule was, therefore, to be
expected, than the spontaneous suggestions of common sense. The minds of
men were, moreover, habituated to a certain course of thought and
action--(such as naturally obtains in a new state of society, where the
absence of organization remits them to their own exertions for
safety)--and it was, therefore, impossible that any artificial system
should be at once adopted. The people had been accustomed to such
primitive associations, as they had entered into "for the common defence
and general welfare" of their infant communities; the rule of action had
been swift, and sometimes very informal punishment, for every
transgression; and this rule, having very well answered its purpose,
though at the expense of occasional severity and injustice, they could
not immediately understand the necessity for any other course of
proceeding.
Public-domain text, read in full here on John Shaqi.
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