the cause of many of the offenses that have been committed. Had bat a few of the early agitators, and defiants of law, been brought to punishment, the subsequent events, which every good citizen deploree and condems, would never have occurred.
It is of the utmost importance to the safety of society that the laws should be rendered as stringent, and their execution as certain as possible; especially as regards the crime of wilful and deliberate murder. Such an offense should be guarded against with the utmost care. No door whatever should he opened for the escape of the criminal. Once in the hands of the proper authorities, he should there be secured until the ends of justice are effected. The man whose life has been forfeited to the law, will stop at no means within the range of human possibility to accomplish his escape; for "what will a man not give in exchange for his life?"
The act under consideration makes it comparatively easy for the most notorious criminal to escape the punishment his crimes have merited. Any judge of a district court is thereby allowed to set him at liberty on bail. The bill does not even establish the amount of bail required. This, as well as the propriety of bailing, is left to the discretion of the court or of the district judge. Were the bill passed expressly to tamper with and corrupt the judiciary, it could not have been more effectual. All human beings are fallible, and it is a sound principle to throw in their way to err, as few temptations as possible. No judge, who has a proper regard for his own reputation, can desire the passage of a law which will render him liable to invidious imputations. If this bill becomes a law, appeals will be made to the district judge to bail every person charged with the crime of murder, and the strongest inducements will be offered to influence his action. Should he refuse to accede to the wishes of the individual accused, or his importunate friends, he will subject himself to the charge of some unjust bias; while, on the other hand, should he yield to such importunities, he is almost certain of being charged with bribery and corruption; and violence towards himself might ensue in either case. The judge, therefore, would prefer to avoid the additional responsibility which this bill imposes.
But apart from this, one tendency of the act is to corrupt the judiciary. It will not do to affirm that this is impossible. It has frequently been done to such an extent as to endanger the safety of communities, and even incite to anarchy, with all its fearful consequences. The intention of the laws have been so disregarded, that the people, in self-defense, have repudiated the courts, and in opposition to all legislative enactments, have taken upon themselves the administration of justice. Indeed, in every instance where "lynch law" has been resorted to, the excuse given by the people has been founded on the laxity of the courts, or the inefficiency or corruption of the judiciary.
This want of confidence in the authorities regularly constituted for the execution of justice upon persons charged with heinous crimes, produced those terrible excitements in California, consequent upon the organization of the memorable "Vigilance Committee."
