New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-02-14


is moreover not made by Che regular prosecut.
ing officer, the District Attorney, but ia di.
recte4l by the Judge himself before whom tho
trial is to be held. He directs the investiga.
ton, shapes the charge, and sends the witness
es by whose ex parte testimony tle obtrusivs
accusation is to DO francis; and the same wit
nesses testify to the same charge before tho
identical Judge who framed and investigated
it. This prejudiced hearing of gratuitous and
malignant accusation, this mockery Of Judicial
proceedings, and outrage upon judicial forms,
is to be substituted for the impartial justice
which has heretofore been the honorable habit
of our courts of law. 1t was the old aud
proud boast Of an English court that tho
Judge was counsel for the prisoner, and was
bound to shield him from every abuse; in place
Of this humaue and liberal sentiment, these pro.
fessed defenders of personal rights give US
Judge who is the instigator of the proceedings,
and both publicly aud privately committed to
the charge, on which he sits ia judgment. Such
crimes against the purity Of our judicial system,
are committed in the name Of liberty.
One of the most important and significant
lessons of history is that which teaches US to
beware of tbs assumptions OF despOtism through
our courts of law. II is not any naked and
arbitrary violence by which liberty is in our
day endangered. The old abuses are too well
understood, aud are in their very nature beth
too conspicuous and too odious to be endured.
But the stealtby establishment Of tyranny IN
der forms of law dictated by partisan judges.
and screened FROM public censure by the IN.
tricacies Of legal proceedings, these are tho
true forms of the tyranny from which liberty
has most now 10 fear. The violation OF tho
principles of freedom in modern times has ever
taken place under the sanction Of interested
and low.miuded judges. The worst civil tyr
amy of English history was not tho cruel
caprice of Henry Will, nor the arbitrary VIC.
lence OF Elizabeth out the Court OF Star
Chamber under Charles, and tie Judicial muir.
ders of Judgc JeiIries.
Nor can we omit 10 recall at this point tho
singular contrast of this case with another that
will long live in judicial history. There wa.
u few years since, peaceable ana humane
citizen Of Pennsylvania who was thrown into
dungeon in tne heat of Summer by U. 5.
Judge, for advising free woman to claim the
liberty to which, by the laws OF that State. she
was entitled. But when Passmore Williamson
asked for babeas corpus for bis release, 1t
was refused him, OIL the ground that it would
fba Stafa and tina
General Government. No such scrupie, how
ever, withholds Judge Ludlow from his aim.
He is ready enough--evcn amid the perpiext'
ties and agitGti0ns Of most cruel war--amid
the Vaccinations OF concealed traitors at homo
plotting with ayowed Rebels the subversiol Of
the Government, 10 tarass and impede thas
Government with groundiess prosecutions OF
its officers for efforts in It's defense. Inc man
who loved freedom might rot In dungeon ere
the Courts OF Pennsylvania would mterPoSe-
even amid proioundest peace-in his defense;
but sympathlzer with the Rebellion, who mas
reyiled and misrepreseuted this patrlouc war
with fullness OF abuse not to be surpassed,
is to be- protected from arrest even at tho
cost of whatever collision with the General
GOVERNMENT by whatever outrage upon judi
cial torms aud at whatever sacrifice Of judicial
dignity.
Happily, tho malignant aim has oversbos its
mark, and has called forth judicial re5uke
from Judge Allison, which cannot TAI to %
felt by tie people a. large, and which is hon.
orable to the patriotic spirit alike OF Judge
Allison himself and of the State whOse ermius
ha thus nnhr md hnnnrahly Wears