New-York tribune., 1841-04-10

J.
rule requiring r book OF n" corporation opcn
tao the Attorney Information agan.,
Purcell the chanceo for nienieanor They
hopd th rule will OF ioing iuice
foundation for omc,hns like nqui-,iou State
In the OF Rex Dixon. decided It7 subpoena
due hra had @ nr TTna 5u5y and @ 10 pro 10
Mr. Peach the tcfcndan client before
TIN, .ubPuna prd-ecu-
Indictment Peach. al produced
0rio'e the r for oTs" NJ, DS9n r"fu.. 10 'P-
opinion that Mr. Dixon compelsbl up
client re ought nmc'" upon r"erng the ubprnn duce' '
cum, 10 have delivered them up TO hi c'oat'
tho Of 'ioldca aud Raw fiarrcy. Bar. 24-o Lord
Mansfield Tint oivi ai force par
due e,drnc "h PROV ass ,h"'e, erve the rsfr-
penal dendan, forced produce evidence
though he -hould hold hank
si,ay important protection deemed ,ha, the declaration
-hnI be compelled criminal
against hr-"lf = in>"d ~ iht on-iutoH OF tho ne >r'
re"atrd 'Hr Constitution " tins Stae and reiterated
The Recorder , = or rather a.ic, tin,cf on souad tha
ihec .oowa toinc s roh for tc,rnony ii'
be
TO do rery thing protect the community At arf agn'
privilege, und property of individuals
con>tut" Romsn nct,to-. qd tesutco cap'0
"hen Conferred upon nm the 10 do all nng, Nbch NJ
Rcpuo ui.gh require be
added that :h dcaoria Jude" the form Off
publican "r! that the mn iarumeu IN r-tabhns imp
ra ana tannc power II certainly extraordinary nui the mr.
and controlling principle Of rcfui
right, and individual ndcpcndcnc jealous OF L,conl
even IN tho highest Judge -houl coufer upon inferior
justice of tho peace police officer power tho
the purpose impending ali proposition startling
~hrn asserted BY the Judge" OF and Il beer
thought that multitude o defining mnulr the rights and dn
e' Of cizn- ard nothing to the discretion fJuge' the
1t IN, passed people a miserable
iudc nose laws and md hat
the dreton o courts .oc nenbs nb Th ,r, odu,Sn "f
prrbed hy The discretion
herc /, NJ such principle known to the common ldu I,
u-urpc- lawyers a",t Eng
land ,h Of Nanshci and Of Chatham declare the chapter
xp-dcncy adJucr,ion much
II
and the Law OF discretion /, the iaN of ;,rnnt-'
according to tho laws and OF tn" realm
decisions rc,ouon. of urned and up
right Judge" upon variety Of particular facts and winch
they have been thus and ruc;led Of mind
Of the la" Of the kingdom See letter c
the of papcr. &c by Csmirn and Dunuiny, lc4)
H"cNySatc ncc"-- tho Of the people ha- been
fnng plea assumption
rights Lch b veScd and oppressed mankind all pat
Tho iudgc- England npeaehe BY tn" House Com
for this doctrine which the Recorder the
controlling principle " law Th"y judge who tho
reign hp urncy. decrieI
necessity would JUSTIFY hr "ihous IN" Of
Parliament and That the AnG WA the Judge oil that necessity his
slno't Identical Nth the proposition OF the Recorder that iS
and ,hs jg" of Rat iiampde"
,, ., ,r 49, ~ . =, ~ =, ,,su,, IN c,bI.b n,,nr,ls
o utterly >ubvervc OF the right. cf tho
Tho propagation IL ha been Tared l., before TO
the right Of paper And Lord
such the aud Therefore should naturally that
the -bould be clca proportion power
idr. n4A BE- rourd books i be
there not la~ To onreh aud all The
OF the subject the fret That -uch right should
hav" existed from the ahccof the Of runn"th
to the and never vet have found place ~ anS book o
been mnde by the twelve judges Of England the TIM" Of
tue Infamous Chief Justice scrosg that all persons that do write
M pomphlct either -cnndslou- pubic
books h and the punished b.
kingdom declaration opinion
say matter OF h"a"t F juds" TO AFFIRM 1t
tho they judge
duty TO declare .Lof judgement by reouton oherH-c mich
a. It IS tho duty of IN" LeSnats-' to pa-- Law
and legislator provide for the Of
the community al large with 'hr e' Po,ihe uty To the T'sh
transferring ths principle from the Legislature tue
the efar. their
Tho extraordinary Recorder that Of
be found book equally und unenab Lord canien
The ana public their po@er and
forms OF prr~dne hes eed BY Ia" have been long ne"
The Recorder therefore bo ma exercised ,h'' power Of ach
and private papers and declared hi!
bound show prcccon' authority a1 for
so dong und thi, he ha, attempted to do.
stark 40 lJ kobn>on' case for murder OF Helen Jewett
% , IS eg q lns ",'n ta.fm ] ha.a' hx & T Ur & @
ahcc found persons tho
the accused have beer Used on their m a. evidence against them
been
made Not because no body ever doubted rt to oreh for and
but because no body doubted
evidence and legal the would and couI
the Illegal Of obtaining admitted would form ni
reject Jh principle fuy
Jordan Leafs II East 3 and Lecg.t Tol.rlcy
the papers only eg Ally obtained bat eNprc
Of Objected vet
cour, c,ed the declaring that the, could not take no,ice
amer they prc.-
dent, the advocate Of arbitrary power
vindication bu, Camden Dunning reply
Gebet aetar unlawful
being whom pro-
(Sco libel
&c by Cnnden and DunnEc l77l 7h ,, l5ij
Enck and b-
these
silence Of those have heard them often
uItAoU, able
that the Cour. If hugs Bench
declared unanEy Of
passed srb preced-nts Of The OF
Therefore referred by the Recorder directly di
vtnAnE Inc MN nln urar rrnne N htr1