The Sun.
London, England, 1862-08-18 00:00:00

NORTH AMERICAN JUSTICE.

The following incident, which is noticed with
approval by the press, and the principle of which
is recommended for application to persons more
important than its humble hero, occurred last week
in this city, and shows how little liberty the war
has left to the American people, as well as how
little they resent its loss. A poor working man, a
house painter, named Gregory, who had, perhaps,
been indulging in a " morning smile," in the shape
of an extra glass of Bourbon whisky, was heard
discoursing at the corner of a street in Broadway to
a few persons who had gathered around him. lie
expressed his settled opinion that " Stonewall"
Jackson was the best soldier and General in the
war, that Mr. Lincoln was a humbug, and that
Jefferson Davis would make a much better Presi-
dent. One of the officious six feet high policemen
of the city, whose principal business seems to be
that of assisting ladies in and out of the omnibuses,
happened to hear these daring words, and forth.
with took the offender into custody on a charge of
treason, but the magistrate before whom the case
was brought was puzzled to know how to .deal
with it. If it had occurred in St. Petersburg, the
knout would have been prepared for the bare back
of the off nder, and Russian justice would have
been satisfied with a couple of hundred lashes. But
the lash has not yet been introduced for white
shoulders in this country, so a telegraphic despatch.
was sent to Mr. Seward, at Washington, to ask
the advice of a statesman whose wit, like the
trunk of an elephant, can rend an oak or
pick up a pin with equal facility. The reply came
in due course. Mr. Seward did not recommend, as
he ought to have done, the summary conviction of
the man under the Police Act, for inciting to a
breach of the peace, neither did he recommend his
committal on a charge of treason, to take his trial
before the constitated authorities; but, assuming
the functions of judge and jury, and without hear-
ing witnesses, or calling on the culprit to speak in
self defence, he sentenced him, through the tele-
graph, to take the oath of allegiance in the first
place, and afterwards to decide whether he would
go to Fort Lafayette a prisoner of State, or joid
the army of M•Clellan. The poor painter chose
the more perilous horn of the alternative, and was
I sent to the Peninsula, whence if fever or the rifle
bullets of his Confederate friends do not shorten his
career, he will probably desert at the first oppor-
tunity. And this is justice in the State of New York!
In Boston a similar case assumed a more dignified
aspect, for Boston, like all the cities of New Eng-
land, is intensely abolitionist, and hates the South
as bitterly as the South hates the Yankees (and out
of Pandemonium the force of hatred can go no
further). A merchant in that city, named Gor-
don, and his son, partners with him in business,
were accused of refusing to hoist the " stars and
stripes" over their store, when all the rest of the in-
habitants were rejoicing at some Federal victory in
Missouri or Tennessee. Worse still, one_of the firm
had publicly declared that Mr. Lincoln and his Ad-
ministration were imbeciles, and that the rule of
Jefferson Davis was preferrable to theirs. It was
also alleged that either the father or one
of the sons bad cheered when the news of
M'Clellan's defeat reached Boston. These things,
if uttered by a respectable merchant, and not by a
poor painter, might have been endured in New
York, where there are thousands of people in good
position who entertain similar opinions, but were
not to be tolerated in a city of strong•minded
women, rabid lecturers, sentimental poets, and
ultra-abolitionists such es Boston ; and the Gordons
were therefore arrested on a charge of treason and
committed to prison. Fortunately they had both
the means and the courage to defend themselves
and were not to be treated like the painter. Last
week the case came on for trial. Their counsel,
Mr. Sennott, made a telling speech on behalf of
the right of free discussion. Taking the broad

ground that in the United States the people were
sovereign—that his clients were as much sovereigns
as any one else, and that the members of the Execu-
tive Government were, according to the Constitu-
tion, the servants of the Imperial people—he de-

cared that if his clients had committed treason, he•
would commit treason himself—then and there
in presence of the judge and jury. " What," 'he
asked,:
" If I am frank enough to say I am sick of the swagger-
ing imbecility with which the Government have managed
this war of life and death ? Is that treasonable ? Shalt
my Government—that is to say, my servant, my creature
—waste my money, and even let it be stolen, and stop my
paper, and interrupt my business, and violate my Constitu
tion, and kill my soldiers out of pure neglect, and gain only'
disaster and defeat for me by all his folly P And shall
say nothing ? If lam to put up with this, and more, and
say nothing, or else be shut up by order of W. H. Seward s
I want to know seriously and calmly, what shall I fight
Jeff. Davis for ? What worse can he do to me than Seward
or Stanton have done already ?"

This was bold speaking for Boston, and it was
successful. The Gordons were triumphantly ac-
quitted, the Court holding that in Massachussetts s
man might talk treason, but could not be allowed to
act it.
The question arises, if in Massachussetts fhere is
still law enough left to consign cases of alleged
treason to the ordinary action of the tribunals, will
New York should be placed out of the pale of the
Constitution and governed by the despotism of Mr.
Seward and Mr. Lincoln. ? Had such a case es
Gregory's occurred in England, Scotland, or Ire'
land in our day, or in those of John Hampden, in
our own civil wars, Gregory would have become a
popular hero. At the very least, a public subscrip-
tion would have been raised on his behalf to enable
him to engage and fee the must eminent counsel in
the country to try the right against the Minister.
And, if the Americans are not in reality the slow
and passionless people which Secession seems to have
made them, this course will yet be pursued ; and Mr'
Sennott, or some other counsel equally fearless, will
sooner or later be engaged in the cause celebre of
" Gregory versus Seward." But in all probability
poor Gregory will perish of scurvy, fever, or rifle
bullet, under the glorious banner of M'Clellan, and'
there will be an end both of him and of his griev-
ance. And so little does the public or the profs
seem to understand the principle involved that Mr.
Seward is publicly urged to submit Mr. Wendell
Philips to the same course of discipline, for having
publicly recommended that not another dollar er
ianother man should be contributed to the wart.
/ until the President shall decree the abolition n'
slavery. Mr. Seward, however, is too prudent
to tackle such a formidable antagonist as Mr'
Philips would prove to be, and will discreetly let
him alone.
The great question of discussion and of interest:
at this moment is the draught or conscription, which
will assuredly stir up this people, if anything wi
e
11,
Making it my business to learn the opinions of tP
working classes—who must form the bulk of the
t_
armies of the Republic, if new armies are to I
raised, or the old ones maintained on their notnina.
footing,—l find one universal sentiment of oPP°9I;
tion to the idea of compulsory service. Already ,
threat has sent some thousands of Irish and Ger-
mans from New York and New England into Caned.'
where they will escape taxation and conscription'
and live in a free country. The Irish are pardo'
laxly indignant at the idea of being draughtedl and
make anxious Englishmen whether any
length inquiries
dene in
n of
America converts them
facto into American citizens, if they have not taker:
the oath of allegiance, or applied for letters of
h
conscriptionof
rbi
oe t
se;n forcedan da s
naturalisation. The feeling among them is enejc
ptthhaearratetiifwv eiallyl
ra:
would tain that in such riots their sympathies wen
new to the country, it is not at all ter
ana leas
be on the popular side. Nor are the Geztn
ignre great enwe numbers
of the police are themselves of Irish birth, and co"
hostile. While seated yesterday in a well-kn°
wn
nde
ur'
and luxurious establishment in Broadwaytbe
going the manipulation of an expert (irate in
art of haircutting, a lieutenant without an ow, a'"
looking as if he could not long survive the weakness
e
" POOr fel-
his father. I could not avoid saying,
wouldi s.nuclepol
of fever and exhaustion, was led into the roora
tongue
low ! and what is it all for ?" The German
ell say
was immediately unloosened. " You may wan °
that, sir. It is a wicked and useless wa_r.,
.1, live
ruining the country, and making it unfit, td the
in. If I was a Southern man,
last drop of my blood in th© cause of t
deuce