The American. [volume] (Washington [D.C.]) 1857-1857, 1857-09-09
Correspondence Of the Amer;con !

Mr.. Editors During the important trials which
have just taken place, and in which the efforts of
the Administration have been so sipnaIy de-
feated, the public mind has been diverted from
another of great magnitude, and involving, if not
SO important principle of law, at least to the
preservation OF our liberties and established rights
] allude to the case Of Robert Cross Tba
present is not the first time that the peonle of
washington have had their attention attracted 10
the extraordinary conduct of the criminal Judge
| in their midst. The severity of the sebtepcs
passed upon the transgressor in the case before
us has struck all good citizens with awe AZ the
| superior justice of his Honor =,
Can it be possible that Judge Crawford has
suffered the case of Mr.. Brooks to be erased from
the record Of the Criminal Court, or does hs.
never peruse the record?
This case was one to furnish Judge Crawford
| an opportunity to display that great wisdom and
justice which is supposed to reside in that honor
able court; but either from the dispensatons Yor
Providence or the determination of Judge Craw-
| ford-it does not appear clearly whicb-tbis
wholesome opportunity was suffered to escape.
Was Mr.. Brooks only fined three hundred
dollars in consideration of being a political friend
or was it because he submitted his case 10 the
well known cemency and mercy OF Judge Craw.
| ford? Ii the Inter be the case IL would have
been better for Cross to have followed his example
speak not DOW of the political view of the
| first occurrence. The provocation doubtless was
great. With that Judge Crawford had NOTHING
to do. Bnt che punishment imposed in the second
case, when, to say the least the AUTHORITY or the
| officer TO arrest involved a nice point of lyy
which has never been clearly decided and wb;cb,
contrary 20 the general principles of law has
struck us with astonishment. .l.-T
Here are two persons indicted for precisely the
same offence Can Judge Crawford say, that the
leniercy with which he dealt with the one crime
ranffl flao ind ~
| other ry-tlat that mercy which has GoiiInd en- go
cure resting place in his breast for a long series
Of years towards murderers, has not encouraged
others III ike performance of deeds of blood
unless, as IN the case before us, when tho trans
gressor falls short Of tie prescribed limit within
which that mercy SO plenteously abonndsp
In passing sentence upon the prisoner, Judge
ora"i0ru reported 70 have said that tit was
! difficult to conceive what the prisoner meant nv
| 20 dabolcal a resistance; for the law was the
master OF every man, and the Inconvenience at
most, would only be temporary In submitting m
| an arrest, and he would afterwards bav. his
remedy II wrongfhlly arrested"
lt is difficult TO conceive what judge Crawfo,J
meant when he relieved himself of those words Of
WISDOM Let nm OBSCURE Il as he may with legal
definitions and exceptions, he knows pe-Eecilv
well that i is protection thrown around tho
person OF The citizen from the exercise of petty
tyranny on the part Of officials, that no officer
may make an arrest, without a warrant fo,, =
misdemeanor, unless committed in his presence
and at the time Of It's commission 80
The remedy he speaks Of, he is perfectly
aware IL, in nine cases out Of ten Just no protec.
ton at all. Ignorance Of law forms no part of
Judge Crawfords faults. But we complain of his
defiance OF the spirit Of the law in frthcrunce of
his own designs.
Is Lord Mansfield Judge Crawford's exemplars
is he striving to eclipse the fame of that great
judicial functionary? He may initiate that crafty
Scotchman in his arbitrary win and disposition.
| but he can never attain 10 his fame and renoyn.
The future chronicler Of human events win End
no difficulty in defining the line which divides the
prejudice OF the midnight Judge from the sckpov
lodged ability OF the Lord Chief Justice.
The character Of Judge should be above sus.
picion. But his actions bear too great a simili.
tude TO those Of that old fox, whose creature he
is, whose image he bears, and whose principles
| he represents.
may be accused Of defending the cause of
bad man. That acknowledge but the case of
no man can be too bad when he is made tho sub
Ject OF oppression and a stepping stone 10 EN-.
croachments upon the rights Of citizens. The
guilt OF the one crime is entirely lost sight Of in
contemplating the magnitude Of the other. But
bad az he is, | doubt not that the pulsations Of
his heart beat more responsive to The sympathies
| of human nature than the cold, puritanical heart
| OF Judge Crawford ACCONAC.