Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1859-11-21
WITNESSES IN THE FEDERAL COURTS.

WITNESSES In The fEDEkAL CUUhIS.
It is claimed by those who encourage feder-
al usurpation, that the national government
may, in despotic fashion, compel the attendance
of witnesses against an accused person, because
an amendment of the federal constitution pro-
vides that he may have Compulsory process"
for obtaining witnesses IN has .tduor. This,
however, is an assumption, nicely calculated to
facilitate the encroachments of federal power,
but wholly destitute of constitutional justifica-
ton. The only pupose of the amendment in
question was to protect personal rights in cases
where an accused person might be deprived of
fair play. There is in it no special grant of
power to the government save that which is
to be used in aiding the prisoner to defend
himself. 1t reads as follows g
"In all criminal prosecutions, the accused
shall enjoy the right to a speedy and public
trial, by an impartial jury of the State and
district wherein the crime shall have been
committed, which district shall have been pre-
viously ascertained by law, and to be informed
of the nature and cause of the accusation to be
confronted with the witnesses against him to
have compulsory process for obtaining witnes.
es in his favor; and to have the assistance of
counsel for the defense"
Those who framed and adopted this amend
ment did not use language loosely. They
said precisely what they meant; and, in these
words, they conveyed no grant of power, be-
yond what is so carefully specified. We see
unmistakably, that an extraordinary power is
here granted in behalf of an accused person
whose life or liberty may be in peril, which is
strictly limited to this purpose, and not allow
ed in behalf of the prosecution, which is there
fore left to the ordinary process for securing
testimony, and must not use any witness with
whom the accused cannot be confronted by
the usual means. Some men seem incapable
of understanding that our institutions were
made for the people, and not for federal Off
cials, nor for "the Government" for the
security of popular rights, and not to aid
the encroachments of power. The practice
ought to be in accordance with the meaning of
this amendment, because there is no warrant
for having it otherwise.
The act of Congress concerning witnesses,
which seeks refuge in this grant of power,
makes no distinction between the prosecutor
and the accused, allows to the former every
thing which the constitution provides specially
and exclusively for the latter, and then adds
bonds and imprisonments in style never
heard ofor dreamed of in the days when feder-
al power was less overbearing. In ordinary
cases, there is no difficulty in securing the at
tendance of witnesses. The extraordinary
cases will always bring with them most of the
circumstances by which they are to be judged.
Therefore, the extraordinary provision to
meet such cases,-the stringent Compulsory
process, was provided for the accused only,
and not for the prosecution,-in defence of
personal rights, and not in favor of power.
The world has always been governed too
much in the interest of power. The trainers
of our Constitution meant to correct this evil
and introduce another style of procedure.
What under some circumstances may seem
matter of small consequence, may become a
matter of the gravest importance when brought
to new and unexpected uses. How innocent
1t seems to enact laws to secure the attendance
OF witnesses in the courts And, even when
the legislation proceeds SO far as to subject
witnesses to the most stringent of compulsory
processes, and use against them bonds and
prisons, the noise of criticism is not very loud
SO long as it is believed that such things have
an honest motive. But, when this machinery
is used to serve the aims of arbitrary power,
there comes a revelation of its real character.
We have all heard the public announcement
that certain distinguished men in the free
states are to feel the operation of this machine
ry, in order that they may be annoyed and
prosecuted 10 crafty partizan malice, and be
exposed to death by mob violence They
must appear in Virginia at the trial of Ste
phens, it is said,-not because their testimony
is necessary, but because slavery longs to do
them harm, and would gladly hunt them out
of existence. When such uses are found for
the federal laws concerning witnesses, it is
time to enquire very carefully how far they
are warranted by the Constitution Whatever
that instrument grants must be allowed, and
what it does not grant should be denied
against every demand, and against every pre-
tence of authority to assume it.