The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-10-16
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INTERESTING FROM cALIFoRSIA.-JUDGE MeAL-
LISTERS CHARGE
San Francisco, California

OF the non. m. II. McAlbttIt
Judge the jury upon the trial Of Durkes and Rand in
dicted for piracy These enrolled in the Vig-
lance Committee which for months past has ubyerted
constitution and laws and given us instead the beauties
of a secret despotism enforcing its DEGREES by military
power Durkee and Rand among those who captured
the arms by General Wool to the governor for the
State authorities upon San Francisco bay They
rested for this act on charge of piracy and held to bail
by Judge Hoffman In the Of $4,000 Their trial. re-
Gently held has excited the deepest interest Threats were
made freely by the mob presses that the prisoners would
be rescued in event conviction IL is due TO Judge Nc
A.er state that his charge was not dictated by any
feeling Of favor or sympathy for the criminals the party
to which they belonged. On the contrary he has since
his return to the State opposed the committee on every
proper OCCASION and evneed every disposition TO perform
the duties OF his Office regardless Of the question whether
brought him into conflict with them and OF the threats OF
the gaows which they have SO freely INDUCED in with
reference the government officers. II will be evident
from peusa of the charge that he governed by the
law and that he looks upon the acts of the Vigilance Com
mittee with the dsapprobaon naturally to be expected
from his character and high position. From personal
knowledge state his utter aversion for the mob rule
and treason which has brought much dscred our
State.
The acquttal of Durkee and Rand from the charge of p
racy undoubtedly right Their real offence was treason
the State The panel Of jurors one hundred, one
halt of whom Vigilance Committee sympathy These
men, in nearly every case they had bias for
against the prisoners and used every effort to get upon the
jury. Quite number succeeded, and Of these there was
one who a member of the Vigilance Committee, and
prominent among them. Most of the men who got up
this organization little nothing about the sanctty
of an OATH and naturally enough contemn the laws which
would punish crime The members of the awand-order
party acquesce in the verdict in conformity to the prn
cipes of loyalty TO the courts which they profess
The democratic State convention has recently put for
ward strong State and electoral ticket Messrs Charles
L. Scott and Joseph c. McKibben have been nominated
for Congress- and will be elected riumphany The for
IL a of Robert G. Scott Of Richmond and by his
talents and gentemanly bearing will do credit the po
sition he seeks Mr. MeKbben halls from western Penn
sylvana He is Justly popular for his generous personal
qualities and earnest devotion TO the democratic faith
You will find them in Congress national mentrue to the
constitution and the Union, and yielding inch
the enemies of country In nominating electors the
convention have been peculiarly happy Col Della Tore
formerly Of South Carolina the most conspicuous for
his intellectual gifts and polished style Of eoquence Mr.
George Treanor is young but is possessed of decided
talent and hears himself like old soldier in the fight
The other electors Messrs Ovsra and Bradford able
and popular The candidate for clerk Of the supreme
court Mr.. Charles Fairfax is from the vicinity of Alex
sndria and his nomination TO lucrative and honorable
position will crafty his many friends in Virginia Mr. A.
j. Moulder the nominee for superintendent of public
sruction is from Washington city. He is justly popular
and will strengthen the ticket
Buchanan will carry the State by large majority. At
present his plurality the highest opposing faction
would be fifteen thousand but If there be, very
likely union of the three sms-black republicanism
know-nothingism, and vigilance committee-ism-we shall
yet beat them all combined by majority ranging from
FIVE ten thousand There is not certain State
in the Union than California Put her down certain in
all your calculations. 1t is impossible to get bet from
opponents either this State snce the last ma
the general result
congratulate you most heartily on the prospect Of
democratic triumph which will equal that Of 1882 and
by its glorious results rebuke seconaism and give new
lease Of life TO our national Union
A SUBSCRIBER.
JUDGE McALLIsTER's CHARGE IN THE PIRACY
CASE.
GENTLEMEN Weapproach the termination
of this case trust with the single desire dispense
handed justice between the parties Each Of you in his
the inquiries made TO him before be placed
upon that panel has called upon his God TO witness that
he has neither bias prejudice in this As for my
self although ii is my duty to convict him whom
the law condemns, yet TO convict improperly under the
forms of law, would Gil with horror great as II |
to take into my hands the issues OF life and
death and doom to the grave my fellowcreature without
the forms the guards and sanctions which the constu-
ton laws and humanity herself have thrown around him
law, which, in the opinion Of the court control this
In order to fr your attention the only issue you
sworn to try II necessary 70 separate 1t from all col
lateral considerations The defence in this Is placed
upon the ground that in szng the for the taking
of which the prisoner Ia indicted he acting in ODE
dence 10 the orders Of the Vigilance Committee a body
unauthorized by and unknown 10 the laws II is our
duty TO say you that orders emanating from such
vary the character Of the crime charged against
the prisoner II be established that he is guilty Of Il
der the law and testimony in the
Again gentlemen the prisoner may have been guilty Of
crime crimes other than that for which be Ia indicted
he percbanoe the consequences Of such crime
by Of the impotence Of the law be has violated he
may in what be has done have acted with those who de-
execraon vioators Of the laws appreciation an
transgrssed every other precept OF the municipal and
every principle Of the moral code These and all other
considerations OF like character be dismissed from
your minds. He is trial for single offence ANY or
other crime he may have committed II Won sha
find him innocent Of the with which he now stands
charged be 90 free This Is demanded by an mmu-
table principle Of right No ofowes repute can
be Justly held responsible for act unless after having
been confronted with his sccuser, and fair and public
trial he shall have been sdjudged guilty; and then his
responsibilities msst be confined TO the apecfc crime
thus proved against him.
To deal differently with accused party would be 10
violate alike tho pecepts OF municipal law and the dictates
Of natural justice. repeat then, your duty is confne
your attention 10 the single inquiry whether the prisoner
guilty Of the specified crime for which he Is indicted
The Indictment In this Ia founded upon the I'd
ton OF the act Of the 18th Of May, 1870 lad Stat H.
cool SO much OF ia necessary consider ia In the
following words "Thst any person shall upon the high
IN any open roadstcad In any haven basin or
bay In any river where the ebbs and flows commit
any OF the ships company OF any ship vessel or the la
ding thereof such person eh.ll be ndnired 10 be
being thereof viced before the Circuit court Of the
United States for the district into which he shall be
brought in which he shall be found shall suffer death
The power Of Congress thus to egsate Is derived from