American Republican and Baltimore daily clipper. [volume] (Baltimore, Md.) 1844-1846, 1845-11-18
correspondence Of the American Republican,
WAsuINGToN, Nov. II, 1915.
THE CASE OF YOUNG ELLIOTT.


observe that your attentive correspondent
alluded, a few days ago, TO the rafusll by the
recently appointed Judge Of our Criminal Court,
TO admit young Elliott to bail upon the printed
testimony which was elected, on the examina-
ton of his case before the magistrates. Their
decision upon the hearing of that testimony
surprised every sound lawyer, if not every
prejudicod mind in this community. Notwith-
standing the excitement which then pervaded
the community at tho fatal result Of the unfor
tunate atfiay was of the greatest intensity, yet
those who could put aside their prejudice on
the ore hand and deeply felt sympathy on the
other, readily conceded that the case was bail
able one. There might be some apology found,
for the then decision, i'll the conflict between
duty and sympathy and prejudice, where the
doubt was gwen against instead of for the pri-
soner. The minds OF u greater portion of our
society then could not be, owing to the preiu-
dice naturally excited by their sympathies, pro-
perly impressed with the justice and right of
the case. The magistrates, though just men,
were like other men, affected in a greater or
less degrees by tho circumstances which sur
rounded them. In conflict between opinion
and feeling, necessarily growing out of those
circumstances, it might not have been expected
that the decision Of tho magistrates could be as
favorable to the prisoner as it would be under
cooler and calmer state OF things. doubt very
much that tho same magistrates would now, if
their minds could be unbiased by strong rell-
gious feeling, decide that the case was one of
premeditated and deliberate murder, or murder
at all. do not now find single man, woman
or child, with any degree of berality and in
telgence, or with minds unintluenCed by some
one of the basor feelings or passions OF weak
human nature, who would be willing to decide
upon oath that young Elliott, i'll shooting that
admirable but unfortunate young man, com
mtted murder; on the contrary they would be
more willing to render verdict OF lustltidble
homicide. | doubt whother-uo, do not
doubt, because | know it could not be done-a
Jury can be empanneled in this District that
would render verdict Of murder against the
prisoner Yet what do we see: A young judge,
very recently appointed from the State OF Penn
sylvania, Cin compliment 10 the young and in
tcllectual, and vice and hoary headed gentle
men of tho legal profession here) to preside
upon the local criminal bench in this District,
decide in the face of all legal men here, with
one ercept;oa, and against the we'll founded OPT
MON and strong sympathies of THE community,
that the case is not n bailabe one, or in other
words in coincidence with the improper and
unpuarded expressions of the District attorney,
that the case is one of murder in the highest
degree. do not question tho purity of the
learned Judges decision, but should be graft
fed much il the country were enlightened by
its publication, without amendation and revi-
sion. | should like them to analyze the argu-
ment forming its basis, and determine upon It's
lucidness and its competency, and the charac-
Ter of Inc legal mind from which it emanated.
understand that he gave no legal decision,
but moral one, that is, that he declared that
he could not, in his ''conscience," admit him
1.-THE prisouer) to bail. What has his conscience
10 do with Che matter2 1t was nice question
of law and facts upon which he was called to
mako up u lust Judgment. If the life and
: death of prisoner is to be suspended upon the
conscience of man instead of being deter min
ed by that great and moral standard liked by
the law. God save me and my friends from
;udoments thus founded The law is the mea-
sure by which the conduct of man is to be
tried: and tho law, which is conservative of So
ciety and sound morals, is the best measure
The standard of the law is uniform, but that
of the conscience would be always irregular
and Huctuating. Conscience is not the same
in every man. Whilst the standard OF one
would let prisoner go "scot Tree" that OF an
other would hang him; and yet both might be
wrong. The conscience OF the bigot ana iaha-
,c RELIGIOUS or political, would be as dangerous
and destructive to society and the rights of
man, as the conscience of the predatory savage
of the woods, or the sangunary cannloai VINO
would eat his enemy. The bigot, fanatic, sa-
vage and cannbal have 4 conscience, or man
has nv nature no conscience or moral sense. II
he have none by nature, 1t shows the lmpor-
tance of appointing to the bench men who nave
,hat kind of conscience which Is made up OF u
thorough knowledge of the law aud the Princi-
,Ies of IFS action and an acute and delicate
sense of Justice and the rights of man, temper,
' ad hv a love of mercy. II tho conscience OF
man is TO supplant the law, it will require,
hereafter, no legal knowledge to make the
Judge. trust that the President in eompli'