New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-04-09
FRIENDLY HINTS.

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that capacity Circuit Judge for the District OF
Massachusetts, occupies q. this moment most
eelcste pjsiHon. who're peculiar f-.tares may
well challenge the attention OF pecpls in every
part Of the country. He is sitting upon the trial
Of Theodore Parker AMI Wendell Phillips, geo.
tIeuen TO whom be stands in the position Of po-
liticsl and even of . personsl eremy. upon an
indictment procured By himself, uuter very novel
circumstances. These gentlemen are indicted for
bsyinI declared 10 Fauueil Hall. their hostility
10 the enforcement OF the Fugitive Slave act ss
btne IN unconstitutional enactment. The indict-
nett is based On the pcesense that these speeches
OF theirs stimulated to an attenp: at the rescue
! Of Anthony Burns. at that time locked ~ ia the
Bos.ob courthouse.
Tie Constitution Of Massachusetts,, 10 which
Safe this trial is proceeding provides that IL is
"tberehs o.every cIiizento be tiled by judges IS
Z" free, impartial and Independent as sns 10! of
humanity will sdi1iE." Were Mr. CARTS a
Mss.scbu,ttts Judge, and did this tri. take
place uIder Massachusetts lava, he would no;
preside at il. He is not ~ to tlis prosecution
Judge 5s free, impartial al independent az the
los of hum,nity will admit; so far from It be is
tie author and chief promoter Of the prosecution
an interested party and ss such, not a., &C.
cordIDQ 20 common sense and common justice, as
well as &C .ordng TO the Co,sa,utiol OF MASH
cbusetts, to sit upon the trial. But Ne Cucss
is 10. q Massachusetts, Judge. He is slave
catching Judge, appointed to Office asa rewari
II biz profe srional support given to ths Fugitive
Slave oil. a slave catching Judge may nat rally
be supposed TO taye 10 scfupes st sitting Ia mis-
own case, especially If the interest, Of his clients
the sl,vehodets-are also involved in it, aud
unfortunately or forsun,tely SIS Ne. Curtis my
construe it, the Constitution Of soe Uated STATES
contains 10 express prosibitios like that ao)ge
quoted from the Constitution of Massachusetts,.
But while thus occupying the Juticial bench
az point of elevation aud advantage ag,i1st his
enemies, Mr.. Curtis viii do well to re;olec; thii
the eyes OF the public are upon him. HE onidct
in former trials under the Fugitive Save Act has
not escaped criticism. His lsbOred and ingenious
Effort in the case of Elizur Wright wh) ventured
into biz CoursW,hou. cOuusel-Ielying, perhaps,
on the obsolete maxim that the Judge is the prs-
oner's counsel-did not pass without notice. HIS
1tfo effort in that case 20 procure convict IN,
In spite Of the point bsnk contradictions OF the
witnesses on whom the prosecution relied, ia not
forgotten.
The public know how to appreciate legal
subtlliy aud ingenuity. Such ingenuity, even
when employed to gloss over cruelty with the
character of justice, and 10 give to save catching
shadow of right does no; 60 withou; aimirs.
ton Nobody reads Mr.. Curtis's defense of the
constitutionality Of the Fugitive Slave scs-that
defence reecboed from go many quarters and the
only one which legal ingenuity has been able to
make for that atrOcious enactment without
fully admitting bis remarkable skill at wrig.
glrg through the smallest possible holes.
Not gold.leaf itself is ever hammered out
10 aty thing like the miraculous thinness Of that
film of oon.ntutionslity which Mr.. Curtis's legal
art has enabled him 10 spread over the Fugitive
Slave Act 30 ss to give TO the very sofse,t dough
the Out ward look though Tot the ring of the true
METAL. Nevertheless while sdmring these tricks
Of the trsde, the public expect and the public
will de1and certain degree of iupartiality in
the exeIcue of them A little qab5ling aud
fines, isg "a even good deal Of bo.h, Th.reby t,
cover Dp1he constitutional blunders OF tbs au.
tborErbo the indor.ets Of the Fugitive Slave Act
migit be pSrdoned, especially ia In IN who had
before him the tempting expectancy of u much
coveted tfice but the public will no. 40 readily
excuse a Teemployment Of like legal ingenuity
merely to stop up the gaps left by gu Ignorant
blunderipg District Attorney, even though it be
beliesed as far as New.York that the parties To-
dicted are personally hated By the Judge. Viola.
ions ofthe common Ia wrig OTIS ofdefendants sress-
critics. too costly and expensive to be rash, made
oneyery vulgar occasion. For the sake of saving
the Union it might, or at least there were many
who thought 10, be allowable to trImple the
common law under foot. Bat it may be doubtful
whether even the most r.bid defenders of that
procedure will-merely for the sake of reveng-
ing upon Mr.. Philips aud Mr. Parker the wrongs
and indguities suffered by the Curtis family, aud
suffer, in part, we believe through the pes.ferous
columns Of THE TRIBUNE-uphold Mr. Curtis in
packing juries, or in sustaining indictments
which either allege no oiense at al, or one
which tho,e very indictments show was not, or
could not have been committed
In facs, we are confident tina. the public not
Only Of Massachusetts,, bu. of the northern States
in general, are quite ready to go little further.
Having had so many exhibitions of the ingenuity
and sdroitpess of Mr.. Curtis on the side of ty-
rSupy and Injustice, they would like, for once at
lesu, aud just for change if nothing ellie, to
see him employ his abilities on behalf Of justice
and freedom.
STATE FINANCES.