Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-11-12


association, produced no warping Of my judgment;
did not cause variation in the which integri-
ty, and a Of that duty which owe TO this
| community, prescribed to me-
Alter the trial concluded was frequently
informed that meetings OF prominent political ndi-
viduas held in this city, and that they had de-
meva al from Office. At length was told, that in
dividual who 10 prominent in the scale OF active po
liticans, and knowing and infue initial one, stated
"that il was Morris should not be ed
from the Office OF Recorder until after the Novem-
Der election b. cause il he should be removed be-
fore, he might make great political capital out Of it,
bat that the election over, the Senate
would be called together, and he would be remov-
ed"
1t is scarcely necessary, gentlemen, for me to say
that from the frank and honorable official communi-
cations that have passed from the executive to me-
there is no reason to. believe that he entered in.
to these views or has sanctioned such threats; and
that every indication from such correspondence,
evidence on his part a contrary feeling.
have been thus particular in presenting to you
the censure received in these instances, and the
threats that were made, if should presume to do
| course towards me, and the expressed opinions
of my legal conduct, when should act officially in
a cas--where many of the same individuals were
implicated in violation Of the laws, and particular
ly so, when the offence committed in their
duet as politicians; and also that it may be that
individuals who had arranged for my removal from
| office, would take hold Of any conduct OF mine
which distortion and Misrepresentation would ena-
Bile them to use as an additional reason for divesting
| me of Office.
| The next instance where have been censured for
my official conduct by some of my fellow citizens,
is the late of investigation into the alleged
frauds Of the elections Of the fall Of 1888 and the
spring Of 1889
In my observations to you upon this subject, gen.
tlemcn, will frankly state my conduct, which by
some is alleged to be criminal.
Late on Monday evening, the 18th of October last,
was the first heard of, had intimated to
in any manner, the charges which have been inves
tgatng, in relation to the frauds at the elections Of
the ,a Of iSs and ah the 'gras Of Upon reach
was informed by member of my family that Mr..
| Whiting, the District Attorney, had called me
during the evening, and left word that he wished to
me upon important business in case came home
| before half past 10 o'clock. Immediately upon
ceiving this message went to his house; where he
made statement of the matters, which have been
| the subject al my investigation.
| was astounded by this statement of the District
| Attorney.
1 had witnessed in trials before me in this Court
isolated cases OF fraudulent voting; had presided
at their conviction and culprits are now, under
sentence, pronounced by myself, suffering in the
States prison,the penalty of their offence these were
cases not Of eonserted organization, but the mere
outbreaks OF individual terpitude had never con.
eeved that organization to violate the Of
the ballot box, had or could be entered into. You,
gentlemen OF the jury conceive the intensity of
| my feeling the extent Of my apprehensions, as ali
American citizen, when this statement Of an effes
tual, fraudulent REASONABLE plot was made to me.
| Il say reasonable, although our Statute book
| calls it By the nilder name-misde msanor. Such
Transaction is treason, in its effects to the greatest
degree. Treason, so called by our laws, is manly,
| il honorable, is chivalrc, when compared with It.
To be traitors by the laws Of this country mast
appear in arms. To be successful they must gain
their objects by open manly physical combat. Trai
tors to our constitutions, to our laws to free,
| equitable, and equal institutiens-base degraded,
Infamous they would bc-stl would present TO
us one inestimable consolation. We couI- by oppo-
sing them, seal with blood and lives the destruc-
ton Of our liberties Not with the organized vio-
| lators Of the ballot box. They act in secret We
| are ignorant Of their Vaccinations.
| A corrupt association Of moued men, lavish Of
their wealth, could organise such plot. Their mo-
ney paid to fraudulent perjured acsomPliees, might
cause success. Being successful, they would be
robed with all the powers conferred by the eonsti-
tuition and the laws Thus possessed OF our legisla
tive halls, they could pass laws binding upon all;
and by laws, they could subjugae forever should
| we quietly submit TO the laws thus enacted. An
intelligent, virtuous, patriotic population never
could submit to such tyranny The spirit liberty
efequal rights, Of Ang O. Saxon democracy, did not
die, gentlemen of the jury, at Concord, at Bunker
Hill, at Saratoga, or at Yorktown-that spirit has
since then been and felt, at Tippecanoe al Fort
Meigs, at Chippewa, at Lundy's Lane, and at New
Orleans The ocean has witnessed that spirits exs-
tence and power, bearing aof above the battle and
the breeze the stars and stripes Of our Republic
and the lakss-Erie and CHAM lan-have given evil
denees of her presence and other success.
That spirit, gentlemen OF the jury now lives She
found in the breasts Of the most wealthy and in the
hrbts,ions Of the luxurious. The middling classes
possess her as an household god, aud they worship
her a deity. That spirit is a mpanion and a So
" grad. and class .% Sss
ries, who would willingly lay down their lives to
maintain and cherish her.
Such community would not submit to such laws,
passed by legislators elected by combined, orgsa-
ixed fraud and perjury The scenes Of the revelu.
ton would be again enacted-but more bitter, more
sanguinary because iibcrty's foe would be our own
citzens and when the spirit Of and carnage was
abroad, many, very many Of the pure, the good the
| patrotic-those whose wealth had been POSSESSED
only TO benefit their fellow citizens, AMI to protect
their country, account OF that very wealth.
would be unfortunately butehered with the ty-
rants and usnrpers. An Infatuated, though honest
population, knowing that money had been the means
Of their srbjugatiCn. would consider, and act upon
that nsideraton that the possession OF wealth was
evidence oftyranny and treason.
The information Of the District Attorney, caused
in my breast those feelings and raised in my mind
all those apprehension l. therefore, then believed
az now believe, il was my duty as a magistrate-
NV sacred duty as an American citizen, at onee TO
prits, and secure the testimony against them for the
tribunals OF justice. Thus, ! believed, the people
might learn that the quiet, sure operation OF the
laws, would avenge the wrongs committed upon
their franchises, and would protect them from
further similar dspredations.
I believed, and now believe il was necessary 10
prevent the people taking the law in their own hands
TO accomplish that which they might have appre-
hcndsd the law would neglect refuse 10 perform.
ordered an sfidavit to be prepared, and the next
mcrnin-, the 10th Of October, issued warrant for
the arrest OF James Young, who then in this city
At this time the Circuit Court, held BY the Honor
able Ogden Edwards, was in session, at Brooklyn.
Ga the calendar OF that Court there was cause in
which was counsel-ss knew my attendance was
necessary upon that court, associated with me in
the investigation one Of the Police Justices, Mr..
Matsell, that the examination might proceed during
my necessary absence. As the exam nation pro-
ceeded, IT soon became known to many in the com
munity that there was an examination pending; the
nature ofthe charge also became known.
As soon az the investigation and the nature Of IL
was known, charges were instantly and publicly
made against the magistrates, the same in their va
ture which had been before made, as have stated
TO you in the investigation against Sparks, and in
the trial Of Merritt, and precisely what was to be
expected from the same source, against the exami-