Herald of the times. [volume] (Newport, R.I.) 1849-1856, 1853-11-03

large majority, at the Spring eection.-
Mark our word,li Convention is called,
and new Constitution is made II will
never be ratified by the legal voters of
the State. New YORK voters may he
trought here TO do 1t, but il will never
be don, by Rhode Island men.
" In the trial OF the Martha Wash
ington case, at Cincinnati, Judge
Mclean has refused to allow the news
papers to publish the testimony during
the progress Of the trial. The Sun OF
that city, disregarded the order Of the
Judge, and published one days pro-
eeedings; Judge Mclean ordered the
reporter OF the Sun out of the Court
room. whereupon the editors of that
paper threaten to commence an action
against the Judge. II must be appa.
rent to every rejecting and seusIble
man t'iat the course Of the Judge has
been very proper and justifab'e one
and we only wonder lha, other Judges
have no, oiten adopted similar course.
It certainly is no. righ! for the testimo-
ny in any case, especially an exciting
one, where the feelings Of the commu-
nifty are deeply enlisted, TO be published
TO the world during the pendcncy Of
The trial ,--bccausc The public wIlI form
an opinion, no matter whether correct
or otherwise, in regg.d NJ she merits OF
the case, and ,hc mints Of tAe !urymen
if they are allowed to be separated,
would be very likely to be influenced,
conversng With people in regard TO the
matter, and they always will do this,
notwithstanding the positive inst'uc-
tions OF the Court TO the contrary
Then again, "a Jury may not agree
aud it may be necessary to lave new
trial and In such case, Il the tesi-
mony, arguments of counsel aad tie
charge oi the Cour, have been sprcad
out to the world il is the Uost natural
thlay Cor people ia form lheie own opin-
ions IN relation 10 the case. And then
in another trial, s,me o! these very
persons will in all probability be cum
tnoned de- Jurors; and justice must DO
delayed IN procuring jury, in conse-
ouence OF persons having formed opin-
iona in the case ;'or else men, # they
are dishonest, will go on TO a jury &c
Try case, when they have already
made up their minds in regard to it
and nothing will probably change them.
For these reasons we say that the
course of Judge Mclean has been a
very just and prudent "ne, and it would
be well for other Judges to initiate his
excellent example, under similar cir
cums,ancee. A Judge has tull control
over .he affairs Of his Court, and it 10
perfectly preposterous to talk about
prosecuting him, because he has SIMPLY
disc har ed his duty, and done nothing
more than what was perfectly eorape-
ten, and proper for him to do. Judge
Mclean is one of the ti,os. just, conscl-
en,ious and upright magistrates in ,his
country he is not a tyrant, and IS al
ways considerable oil the rights OF every
man. lie 20 firm man, and when he
feels that he is right, no power can
swerve him irom the rigid and faithiu!
discharge Of has duty. He has shown
this through the whole course oil his
life, and IN an especial manner when he
was member of Gen. Jackson's Cabi-
net. The cid hero could no; make
Judge Mclean bend TO his will, and he
dld not dare remove him ICON Office
so hs placed him on the bench OF the
Supreme Court.--he did THE to get rid
OF him, aid although the deed was rot
probably executed from any very good
motives, yet ii has proved an excellent
ane ior the country.