The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-02-18

new YORK; sunday F0Or0afy Zoe AOBws
The Case OF hIr. Acker.
Our attention has recently been called to the re-
ports of the JOINT special committee Of the Com
mon Council on the subject of Blackwell's leland;
and we are fain to confess, after a careful exami-
nation Of the two reports (and the accompanying
testimony that we think gross and unwarrant.
able outrage, TO use the lightest torn, has been
committed upon Mr.. Acker.
We stop not to inquire into the alleged NAL
administration of affairs at Blackwell's Island,
and will be found among the last. upon proper
proof OF delinquency, to sustain the delinquent !;
but we do interpose our most solemn protest
against a course of procedure such a. was adopted
by the JOINT committee, and sanctioned by ma
jority of the Board of Aldermen. 1t seems, from
these reports, that the joint special committee, act
ing upon the principles OF the ancient Star Cham
Der, without even furnishing the accused with the
charges against him, and violation OF that great
constitutional principle which prohibits a party
from being compelled to be witness against him.
self, commenced their proceedings by summon.
ing Mr.. Acker before them, and swearing him as
a witness. The next step was to declare that the
examination OF witnesses should be private, and
that Mr.. Acker should not be permitted to be pre-
sent; and the third was, to refuse HIM copy OF
this er parts testimony, such as 1t was, to enable
him 10 furnish explanations, if requisite. Now 1t
may be that Mr.. Acker was guilty of all alleged
against HIM but surely this not the way to try
the question OF his guilt.
We have fallen upon evil times, indeed if the
character, as we'll the station of public officers
Is to be disposed Of in so summary and unceremo-
Nous a manner this.
So extraordinary and unprecedented a course,
so shameful and wanron an attack upon the rights
guaranteed to every citizen, might well arouse the
indignation OF every rightmlnded man. The
vllest wretch among us, stepped, il you please, t,
the lips in namy, and accused of the highest crime
known to our laws, can only suffer the penalty of
his mIsde eds upon an Indictment by grand jury,
and after full and patient trial by his peers. Yet,
according to the practice OF these modern Solons,
public officer can be removed not oaly from his
Office, but robbed of that which Is dcarer to him
than life--hs characier--by an extra-judcial body
of inquisitors, having no legal power to admins
ter an oath, and yet, while themselves violating
the law, assuming to pass judgment IN secret in
QUESTION upon the motives and conduct of their
fellow man. 1.-THE Common Council think proper
to remove Mr.. Acker without assigning any cause
for such removal, under tie assumption that the
control Of the penltentary is In their hands, let
them do 60: but when they undertake to do so for
cause, let the victim at least be heard before the
sacrifice Is consummated. If Mr.. Acker has
slnned, try him fairly, and if guilty. condemn; but
strike not till you hear. That Mr.. Acker has his
faults may well be; for who has not! But none who
know HIM will venture to deny to him charac-
ter for honesty and incorruptble integrity equal
10 that of the proudest of his accusers, and which
his frienos will not permit to be attacked with I'M
punity.
hssailed as he has been in the Halls of Justice.
by a IsS.c Prosecutor, without presentment or In
dic,ment; by appeals from personal enemies, |
through the public press; and lastly sought TO be
adjudged and condemned by committee of Sc
cret nquisitors, arrogating to themselves powers
not conferred by law, aud violating In their pro-
ceedIngs the dearest privileges OF freeman, him.
self and friends have SO far fereborne reply but
forbearance has ceased to be longer virtue, and
those who, noting their present idea of their Of
fetal and sell importance, have supposed them
selves intact and secure in their pride of place
will find that that same public 0plnion which they
suppose they have consulted in their present pro-
ceedings, will not fail, in the end, to make Just
discrimination between the accused and his
Jsdges, and will not tolerate, even in apparently
clear OF guilt, the deprivation OF the right Of
being heard in sell defence.
Power, irr, sponsble power, may pr ,vail against
right; but, IN the language OF the lamen;ed Story
"whtnever II breaks IN upon personal liberty, or
oompels u surrender Of personal privileges upon
any pretext, plausible or otherwse--it matters H.
tie whether II be the act OF the many or the few,
of the solitary despot or the assembled multitude