New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-11-02
LEGAL BEARINGS or TIE L. $. CONSTR
TUITION AND ORGANIC LAWS.

To ne Ediio, Of The NJ y. Tribuae
SIR: Since my letter this subject inserted in The
TRIBUNE, No. 4,i50-25th Juy-s0me transactions
have occurred that seem to bespeak collision Of
imisdiction between the United States Circuit Court
for the Eastern Division of Pennsylvania and tee ae
Courts; which, however cannot happen, for the Com
mon Law is the tupreme law Of this Union, aud is
affirmed by the United States Constitution aud
Organic Lave. Thus when Judge or other public
lunctionary loses sight of his oath of office, Constitu
iOn sec. o. and commits any breach Of the law he
oses the shield Of office and the especial claim 10 the
privileged protection of his former position, aod be-
comes IL ere amenebe to the ordinary Common Law
process and pusshment for he guilt than any other
culprit. Such was the Common Law position Of the
Bsrl of Fentrs in England, who claimed tho pro-
lection Of this privilege of his peersge which he had
iJrfeitcd by committing muIder-ior which he was
TIED at Noweate, i'll London, any other criminal,
and found guilty, and executed by the common hang
man. The Jaw is the same in these niied States, aud
The Juoge who commits crime or offense can
moi, to escape from the local Courts, plead the
confetti of Jurisdictions 70 get himself excused
from the action Of other Coults by colleagues perhaps
as guilty as himself. lie may be pursued at Common
Law at once although it is true that he may be i'm
the pary convict, shall nevertheless, be liable and
sub ice, to Indictment, trial. iadgmeot and punish.
"ment, according to law" Constitution, Art. l. sec.
3,dl7l.
Duripg large portion of the existence Of American
IndeI the Stae and Federal GOverOmenis and
legislature, the courts aud public offices, have fallen
ltO tke centol of interested parties and clques, who
lave traLsccrcCd the lawful authorities connded to
hem 10y tie pople
though cur Revolution put at cad T. arbitrary
isMebts ard mprsOn 1ents for IN iehn 70 perlO H.
and 10 tuO here constructive treason wss no;
abolished in "OPTTcsStre Old Epg add li94 when
that nefaIiOus doctrine of vlllAuOus tlne-se VOg law
ytis was attempted 10 be enforced by CORFU; Gdses
who tssay1d lsJudge Jefes to lake the lives 0 tie
celebrated John Horne T0Oke, Thomas Hardy, and
other politicians, who combined ~lth a vie t"prorure
The ution of the lava OF their country VIII n we're
ueachcously supervt ned and Invaded by corrupt adj
miIis,ra,Ors Under the defense made 10y Ihonas
Erskne, aferward Lord Chancenr, the Jurors,
none hauCst than the Supreme Court acquitted all the
1875 psnners inter dCc 10 have D. en- saCIih ced-and
The attorney General Sir John Scott, afer ward Earl
Of Eldon and Lord High CoancellC. o. EnSl4nd,) or)-
bounced tina; constructive Teasol 10y that verdict,
was abolished forever in EnglaEc.
Political villains in the United states TOOK up ne
doctiue Of constructive treason Rs tyisnncal engine
by wi ce 20 torment our hOCos. ami really law abif
ng citzeus Their villauy proved Abornve, through
The honest verdict OF jurors In the TRIALS OF Inc accused
parties.
The doctrine Of Coz strucve Treason having iaiel
them, the Siavocrat Judges have introduced the old
exploited S'arChamber usur patton of power lJro-
,cribea BY the United States Constitution TO commit
'Ed.fnieiy, without trial and without legal otense,
for what they call contempt OF Court" For thus
proceeding the United States Courts have authority
WhsisO YER Notwithstanding they have ob'Ared three
coOrabe ac's of Congress 10 0PpGreRty patch up TINS
efficiency ofjursoiotion. Congress does not posses,
authority to pass such act graft such power 10
e yuhish without previous Common Lac t'.dl. Con-
tempt Of Court is al ancient Common Law process 20
maintain order aud decorum az Courts N EnSianf
oss which is inkereH ~ the Court Of Charcsry the
{ vmmon Peas ana the Suureme Court OF Common
Law. lts use here however, Ia strc:y ohiolted ~
Tie United States Constitution and the oneAIsr'
| y cont, mt must fer msconduc; and sGch m"te-
-NdHOr. be sent as sccuse1 person before conmi
nng s,Iate for examination end cOmmtial o. oai'
snd the $ncing ola Grand Jury by bill AM rio4 by
Iyy for. such mis8emeanor charged. III cry o'"T
| "ede the hSbeas corpus must release Gin
The Constitution has provided for the scclrity OF
he iLalenablc rights OF pers IN artc.e3 secaoi :"
suse B. ard other parts, arti lie O. tone OF tie most
| Important and ia the additional articles 10 IL.
those Rr cl,s prOScGte the Congress itse which has
cuthCily 10 commit for cOateaPt Sc tle British
Parliament do at the will of either House Oar United
States Cougless can only punish sorE pl-abtrs for
disordCIy BEHAVIOR ART /, Sc. ), 81. . its AL
0onty ext NOS 10 further. II caunot deesae author
/ ~ hat is rot granted 10 i;sait.
Neither TIE United States Congress roT any Safe
legislature possesses authority 20 Con.-r on any boiy
or court authority to commit sEH@lrHy nor contempt
any other cause, to proceed in any other way
han by trial and process, acecr1ingto the ra", OF
he common law, OF equsi nights IN common. No
eson can DE imprsoned at the VIII OF anotbar per-
''on persons by summary process, NJ mater what
he oh,e or title of he committing parry. General
warrants, and indefinite inp,s0nments, scd puns n
Henis wthou, Trial By jury for alleg'd ns'' can
10, BE- naie /, gal in these United Sta;es. A.. sal
ed. Art. 4 70 l0l.
This extra Illegal usurpaton o. Judicial power, pre-
ncec 70 be conveye "a the Uaited StseJ C'gr's oy
NE three colorado subsidiary acts OF COogre's beo ~
tnen,oued is attempted 10 be defended under the
Sonsiiiution, Art. l. SEC :, Cd. Is which ssys To
make ali Laws which shsl be Necessary AMI proper
GT carrying into eXscution tie foregoing p2cers, aud
al other powers vested by this Constitution IN tue