New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-04-09
CONGRATULATIONS OF the Machinery OF
Justice.

The beauty Of the compromise Is iofci-
bly, illustrated again by the recent trial before
Clerk of the District Court for this District, OF
the colored man Preston. Accustomed to the
proceedings of Courts by practice OF more than
thirty years. have never known case which
involves a greater outrage upon the ordinary
rules of Judicial proceedings. This Clerk, Nor
ton, seems to be fit and Jealous instrument for
purposes of violence but the Court by which ne
is commissioned and continued are responsible
for the degradation through him, OF the admins
tration of Justice in manner having no parallel
except in the precedents of Jeffries, or those
deputies who have exercised the same despotism be-
fore him, in similar cases. by the commission Of the
same Court i am aware that, by one Of the beau
ties of the Compromise the decisions Of these dspu
ties, commissioned TO do the dirty work for the
Judges-who have the same dependence on Execu
tive power that Jeffries had on James the Second
are superior to those Of their superors, and cannot
be reviewed however unjust, cruel or despotlc. IL
they could, it seems these Judges cannot find time
to attend to it. The Court however, which appoints
these deputies and has the power OF removal, and
permits such a violation OF the rights OF personal
liberty with impunity and ,acis appreciation, is re-
sponsble to History and to Civilization Some fd-
ture Maeaulay will present the facts to posterity
and probably 1t will be part of the record tina. these
Courts throughout the Union, are family corpora
lions, CHARTERED upon the Treasury with the right
| to peculatc upon the community through clerks
fees which the judges sometimes claim the right
to participate, beisg shielded by the Constitution
| from responsibility except by Impeachment before
the Senate and before the People.
1t high time they held to this latter respon-
sibiIly. and their accessory machinery In the Mar
| shal's Office needs reformation and humanizng.
| The Union Safety Committee having 10 charge
the safety of the Constitution by means OF the Com
promise III general, and tae Fugitive slave Law IL
particular, ought TO II that the Judges do not
barter away their Clerks offices and grant ciPsnss
tions 10 the Slave Trade or kidnapping as branch
| enc r-eh.st,ee Toy siro ovns.IIufIUf -~-ei.
| reaction is nov occurring IN public feeling ana
opinion ahch will be uulckened Dy the case OF poor
Preston. and fiom which The CONSTITUTIONS IN dan
| ger OF being cycrNhemed With the COMMITTEE
whose especial business II is 10 protect and expounu
| II, in one common ruin, unless they oessr tnem.
| selves. They should remember "tnat the oiood OF
the martyrs 10 the seed of tho cnuIch, ana thasN
caDno. he endured IN country chenshins since t
regard for tie liberty OF the whele world, ana TeAuf
for diplomatic II not for armed Intervention IN oehat
OF the of olhef nations, taSt one OIL our
own citizens sha be falsely arrested ana sent INTO
Slavery because he has black skin, and because a
careless or demonstrations lawyer can be iound 10
make all Affidavit that be owes service 10 person
in another State and then refuses TO explain how
he Obtained knowledge that he did owe such ser
| vice Hit can, then we are prepared for aay des-
poIism which may choose 10 supeTsede the Consalu,
|
Sajsiy Committee" Its Chairman ought now, Tor
once in his life, 70 open hs mouth Ia favor
of liberty and humanity; to warn US OF ine
approachss OF q cespotsm which oyeTrdes
the Constitution, and Eamples down, by Court
Deputy all the safeguards Inro~n around tae ciIl.
zen for his protection, and consigns him, without
| mercy, without trial, without evidence without
hope, and must add without renorse. 70 remeci-
less slavery. Any Court or Deputy, who could WIZ
| Iess and sanction such course oi conlucI as tha'
adolsed by the witness Bas.oed, In refusing 10 al
twer hop hs that Preston cured strrics
and lcIo- 10 r Reese" because think the question IS
asked from bed ao,tce," AID declare that ne hal
| power 10 coEapel the witness o. ans ser, and theh
slve dsmeni 20 send the man into slavery must oe
unit and unsafe 20 trust with any Judicial powers
and no y the Judge Of The District Court can recon-
Gle his threats coIagit the counsel for Improper
| opfuct before his Deputy and in the Judges ae'
sence, with his declaration immediately alter, when
asked 10 hear the case that be had not
ef, because aH9taer JSge trds performing IKE tdactdf
duties this District Is be yond my apprehension lie
can probably explain Why he had power IN o1e ease
Ion the other. Why did he not take the ordinary
prccs coin TO compel Busteed after ne
Was informed OF his feiusAl does Got appear IL
LstdS exploration. Was II oecause the prisoner
poor and ,fispdiess and black These were
reason which should have caused the Judge 20 take
his prOte cton in his hands anu 10 saiel1 his
..,igns 10 life, liberty ard properly" any he had
, The whole processing seemed however 10 be char
aceIi7ed by the sclflt sra influence OF that which
occurred Ia Philadelphia last year before Depasy
nsmsd Iugfsh>In. aose ideas Of summary pro-
ceeoIng, seemed TO be thst II required tbs sending
ct the accused QUICKLY l2tD Slavery, and ne
adopted the Alabama rule aud presumed the man a
save because he vac black, and sent hun jus. as
| sunn3Tily and quickly when he Al free whsa
not. TIE humanity AID sente Of justice OF the sup
posed ewner, far superior to that of District
Jrcgts Deputy, sjsciel the nan and returned hin
10 suntr again IN the same way II per caance. IN
uehly be falls INTO the hands OF this Deputy Jsues
! isgraham. Afsw more such examples makes an
other Chlistiera tragedy, and thea RE Comp roDiSs
needs support from slavery, and the Union Safety
a | Committee too. TINS Compromise sarrendefs the
principles OF liberty 20 the csspousm Of weak dis
ereuonthe arbitrary viii Of lsno, OF political
and Jucclal Tools better suited to the dark ages OF
'he word hsn 20 the history Of the present and the
= responsibilities of Tie faiure. The precedent may
asweli &c applied 10 white as blscs AID II saf.
Tered 20 remain on the records OF this republican
county and N this eblghsrLed age, shah well
| deserve ITS application would live 10 TO all the
: oos StioEs AMI requirements OF tbs Consultation IN
honest good fs,h, bet In doug so, would not yo-
late every principle wniohH wss founded. These
priAe piSs hAFe eli been lost III 0f The trial a
oonce1netleA OF aoor Preston, sAo may NE the
services esslues az a chssrel can be SAID 10 oxs)
nom him. bat kht 10 II was Iarl, shcxn His
fae and coDction are. ever pre- 70
? thas OF Sustcec, The witness 50 Judxe's dcpaty.
| whose sne wls1se OF jurisprudence must have been
Lhsflied ron the undefcunekts Of tae old Bailey
IN times % carA anc oarSzr0ns Antsss,ty.
/ IL may De proclaimed from ali &e temples Of
t<nweI IN tie land, thar the CoapfoRaise snal be
aseGned final settle Rent OF all the sIestious IN
tStse5 IN H. bus 50 long that barb sFoGs part Of
shat be executed In such bsr5ar1us s9rir .itAou,
regard 20 the Tues ~ eyeence or the righa OF black
=. asn 10 VIII De la vain 10 EnAi settlement will be
mace by such proclamation, and she we use ballot
boxes " = shall have agitatoa Afhous the ludses
carrot hs reached hy our ballots yet they are re-
s2crsic.e 70 prAc cTioa. 10 the age IN which they
hvs, 10 the future TO fSs,ory AMI 10 God. Fran
lhsse ihsy cannc, be eyoaerssd By the conpronsSs,
lhe Constitution or the Ea eealse. A LAsIEg.
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