Page:Miscellanies - With a biographical sketch by Ralph Waldo Emerson and a general index to the writings. -- by Thoreau, Henry David.djvu/200

180 —and Webster, its maker, with it, like the dirt-bug and its ball.

Recent events will be valuable as a criticism on the administration of justice in our midst, or, rather, as showing what are the true resources of justice in any community. It has come to this, that the friends of liberty, the friends of the slave, have shuddered when they have understood that his fate was left to the legal tribunals of the country to be decided. Free men have no faith that justice will be awarded in such a case. The judge may decide this way or that; it is a kind of accident, at best. It is evident that he is not a competent authority in so important a case. It is no time, then, to be judging according to his precedents, but to establish a precedent for the future. I would much rather trust to the sentiment of the people. In their vote you would get something of some value, at least, however small; but in the other case, only the trammeled judgment of an individual, of no significance, be it which way it might.

It is to some extent fatal to the courts, when the people are compelled to go behind them. I do not wish to believe that the courts were made for fair weather, and for very civil cases merely; but think of leaving it to any court in the land to decide whether more than three millions of