New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-09-19

honor 10 have been In, 1ugned invites such test Il
was his Tgt 70 DO sUOS or rot at bis pleasure. He
could rely for tie yndca'ion Of bis character either
on I'm artificial rule of presumption, or his own tes
inony IL oIen If that testimony had be given
It would have been under the eyes of this thronged
sssembage, of tbis honored Cont, Of bis own coun-
stl, III he Witnesses summoned 10 give the evil
deuce be EXCLUDED. ard of the cbeftsins of the third
es'ate TIE ordeal OF an oath, in open Court aud ia
WV OF thse witnesses, pforented DO ATTRACTIONS 10
Speaker Littlejo!n, terrors for Horace Greeley.
II be bad accepted this ordeal my friends could have
insisted with pausibility that this snt prose-
cuied not for money, bat for tie vindciton Of bis
Ioiil al character. When a plaintiff comes into
Court in an action for political liue and begins bis
case by proving that he has not been dam 'gfd
even in bis political character, ard follows
IL up by proof that before tho tuit commenced he
received frank ard manly letter dis laming any in
nion 20 iup ito to him personal coTruptioL-when he
excludes proof Of tue truth If the materr contain ed ia
Tire alleged liiel-wben tie PERMITS the defendant
twetr T. his full belief OF tier truth-whcn he know
lug whether they in fact true chooses TO he silent
aud 'whn under theso circumstances he demands
mon OF tic defendant, what do you teEeve as urOrsi
Docs be want character or does be want money 7 |
60 not deny that Mr.. Ltlejohn may have sustained
dauag to the amount OF six cents-Day oftwenty five
cents or SSJDJJ-5nt believe me, and think yOu do
believe me in your inmost beuls-it not from
t'rs'e breeleys comments, bus tie vors on which
lie commented. There they stand, aud there they will
remain forever. Your s;atute-b0k is pollutod by un
clean Lws-enduirg memorials Of the inlalny
OF New.York legisaion in tho year r,ced-
ing tie rebellion. Those raj road acts made
irepel Abie by legislative compact Those grants II
than bsTonia franchises in perpetual MONOPOLY,
with n duties imposed, no Oil, cations as-nm.d
When The years roll round, and tie generations ueit
away tLat intervene between us aud The TWEEN leth
century, aud tue demand Of millions .hall ,'i BE- made
for ra1 oads OF the principal avenues Of EewYo k,
answer will snll he: T" The right TO build thore
roads VIZ soli-nsy not sold but glyeE-by The Leg
i-aime OF 1869, 10 PARTIES known and unknown, OF
the bens6t Of pot ell gamblers, aud road cau be
bull ultil you buy out the last assign Of he lat
de,csnOBnt of the last miller, ard the Il ionaue
propieors Of riyal Dads purchased tie rgbts Of
srag grantees To project IN prrpetmty iLeir own
IOpdirs * int the demands oi industry and COM
mtrce. And go on from generation TO generation 40
long asauy OF thee 1an zee, their oescehdalIs or
nstigns can connect themselves with these infamous
law III ough The title Tor tiom By The votes OF
SyGkgI Lutleohn and his confreres in the Legs allure
OF %"
We e relieved, gentlemen, by an iuterocutory de-
c iOn q ~. Coat from cOnriaoriDg one question Vi
law we had intended t. discuse-whehert he pnhhca-
ten in question aimd the construction placed upon
il By the learned Judge for tie purpose OF ruling upon
he eyid nee. But, though then presented only Incl
dental do no feel ri hbery TO irrspass upon his
iuGulg b. opening the question ior The purpose OF
discussion here. Publication ad hitting oil two con,
struriiop one inICc ut ard one hOeOus, l. deemed
III elJus for all iuerocutory purposes, unl the true
construction is submitted to the Jury, 10 be determined
By them IS question OF fact La OTHER words II me
Lng admit OF crpstructiOa wAch would tbuer
iI hbeo.s 1t u the right Of tie rli tiil To ave the
ustrusd 10y the Court Ia the Ornrive ssze
20 gleHiIn 20 take tho verdict of the Jury on tie
question whether IL was 80 intended or nodsrstOod III
The word admit OEy o. one obvious nedulg andthat
plainly lbe.Ous, lie question OF construction IN a
civil ACTON belIss exclusively 10 the Court
and it is emel for all pur oses Gbei'us
in law, IA well by the Cont the Jufy.
In "a use under the ruling of tho Court, sssumo
that tie publication i useIuuie If consrnrtion
which would renser u Hbolous II 80 intended aud
ulder,,oO II IL obyons, upon TO face OF tas pub
hsafi,D, ard viii be conceded by my learned frlends
- by eYcy one Why reads .nAt II adtgIfs h con"
.tuoilou vii Ie ders il Innocent. We think 1t
fsH ads ha coesrctOn, but defer Of couf-e, 70 the
ruliDg o. tie Cour and are ,ontcut To argue The ques'
ton Ou tie umpiiIn that II hdWis OF ei,ber con
s,Iu,tion. IL will be grs'Iyi 20 tie Court TO In
slrurt OF, that under these circumstances The law
,ou6tes hat que ton 10 you. IL u pure queelon oi
iac, LBdit IL Tor yen 10 detefmue IN when 81 These
two ions,s tho publication VIE INTENDED aud under
st.od The pr,Toyyes OF the Court and Ito Jury IN
~ ~ casa are ,l-ady d,iu,d. Neither viii cncEoach
upon th prcrogRiive Of tLe other.
sIiui' that tie pul catiun Is not lbcl-that Il
does moi inpUte oorup lou 10 Mr. LultjohI. Let me
not te nut, stOoG. Mr. Greeley beloved the Li"-
tiH 60 be gtity Il corruption. We know that not
f. thia arice for the article foibears 10 speak upon
ii ~ subieci-but from tho sworn answeri hho MF.
Gfesl onh uIOu the witness stand. The complaint
iutued ,o tie defendant the charge that III eoh was
corrupt. 1ii- called for NJ swer upon that m.
lie hid not lfoie exIrtsssd hiS oinlou Oh that lout
but be ~ little HESITATION III enpfe sng when
oco. zion cem uoed IN Offering 10 sustain u by eV-
dnead ,,rif, Ing bis belief on tie trial by bis oath
But the INJURY l. as TO the intent, Dot oi tue auswe
but a the article. IL il oe understood by usas
il was then uudrrtpOd b. the P"hUr ~ the ngtt
Of the ding facis. IL Is matter OF pubic history
hat zoe Log,latuIe vi 1867 went Jusuy Or u-
iully lCeu with n heavy burden OF mtamy. IL
mat tr Bo Of public history that oulS iT OF the mem
GERS OF this Assembly who supported thee corrupt
measure, VT aheT from pure or impure motives, were
NIT. n a Now,
Horace Greeey is called upon for Ina opinion as To The
81, ciion OF two Of the parties who voted iof these
neafures-both bis political ASSoeiasts IL wac BIS
Iigid-it was his duty-tO aDs~eT according 70 bls
convictions; and what II hi. answer That Legislation
was corrupt; aud In that legislation both these
parties prominent. What "a the charge
Eirsts the general fAet-not that the ieSisla'orp-
but that tho lcsislhiion was corrupt. Second
that, in this legislation, these two Numbers were
prominent Wa tns article intended to single out the
guilty agents who procured the corrupt lesi-la'ion
No. IL was TO denOuboe cOrrupt law, and those VINO
we G tier prominent advocates. Does he claim TO
have peculiar knowledge not within the view Oi the
public No; he Is speaking Of public ects and public
men, lie unes his voice 10 chat VI TIE Governor WHO
vetoed the corrupt bilr; 10 the voice Of the people
who sustained the Governor, IN the Fall OF 1861, by
majority OF over g., 600 vOies-nnd with tue active
Interest o. the Albany lobby enlisted for bis defeat
Mr.. Greeley believed with You, aud you, with each
man ON this Jury. And what lie believed, he spoke.
lie was not called upon for list OF parties
to to proceeded against before the Grand
Jury OF Al any. lie was called upon
e. know whether now that an opportunity was pre-
rented he wss ready TO rebuke an advocate OF these
measures IN the person OF tIusted Republican le'd,r
and personal fiend II Horace Greeley bad loved
Office az much he loved truth, he would have been
silent. he bad political aspirations Of the lower or
der which prefer place and pay 10 honor and integrity,
he would have been a mad man 10 make this pubica-
ton, whether true OF fAle. But there was monitor
within wbrh did not permit him 70 falter ~ the dis
charge Of bis duly, his own conscience en)oined. he
l. -l.Ns al ssaH.,l NLAn nh