pressive organization of the people for deal ing with crime, outside of the regular courts of justice, that has ever been established in any age or place. It has been said of a vigi lance committee that it will itself break the law, but it does not allow others to do so. The doctrine of vigilance, as of lynch law in general, is based upon the theory that the people have the right to hold perpetual vigil over all their institutions and to correct, where necessary, abuses and corruption which threaten the security of their lives and property. It is civil revolution as op posed to civil rebellion. This right, if such it be, may be exercised, it is claimed, in the extremity of necessity arising out of the prevalence of crime and the immunity of law-breakers from punishment. Vigilance proceeds upon the principle that if the law is notoriously inadequate to reach and effi ciently punish law-breakers, it would,be a greater crime and wrong upon the public to permit such lawlessness and corruption, than to supersede the recognized authorities by a new organization which shall deal more effectively with such evils, than the courts through venality, or some other weakness, are able to do. The stern judgments reached by the Vigi lance Committees in San Francisco, were characterized by unselfishness, and above all, by an unquestionable solicitude for the pub lic welfare.. Yet even this organization, made up for the most part of good citizens, could not find more than passing favor
among the citizens of the State. Only the greatest necessities evolved from the con ditions of the times, could warrant the crea tion or existence of a tribunal of men whose work was so revolutionary in its purposes and results. and The Charles doubleCora execution on Mayof22, James 1856, P. andCasey that . of James Hetherington and Philander Brace on July 29, in the same year, were most spec tacular exhibitions of the method in which the Vigilance Committee of San Francisco dealt with the city's criminals. These men were tried by the Vigilance Committee for heinous offenses, convicted and sentenced to be hanged. The terrible earnestness of the committee, and the expedition shown by it in dealing with these representatives of the most depraved and desperate class that have ever infested any city in America, gave rise to almost revolutionary conditions. Though bitterly opposed by the regularly consti tuted State and city authorities, the Vigi lance Committees of San Francisco were in strumental in putting a stop to street mur ders, lawlessness at elections, and in effectu ally lessening corruption in the courts. These results in San Francisco, and similar results reached elsewhere throughout the State, stand as the sole justification for the existence of organizations based necessarily upon the doctrine that the safer and less vio lent methods afforded by courts of justice must, when notoriously inefficient, be either undermined or entirely superseded by force.
AN increasing interest is LONDON being manifested LEGAL LETTER.
in criminal procedure and its results, both in this country and in France. In cer tain respects the English practice leaves very little to be desired. The law is simple
May, 1902. and is well administered. The judges of the King's Bench Division of the High Court take, in turn, the work of the Central Criminal Court, at the Old Bailey. On cir cuit, the assizes are held by two judges, one
