The Placer herald., 1865-06-24
MR.. PIXLEY'S DEFENSE.

q
o EplroRs ALrA:-Now that the trial of the
o Salvador prisoners has been brought to an
r end and their case submitted, where il is pre-.
Q sumed that popular clamor or newspaper
comment will not effect the result or preu-
, dice their interests, will you permit me to
reply to some Of the unkind comments of
+, your journal!
t desire to say this: That in preiudging
the guilt of the prisoners before trial, it seems
? to me that you have been guilty of conduct
| unworthy the representatives of a free press;
, you have done that that can find no palla
, tion or excuse from right thinking aud in.
tegent community
In denying them the privilege of counsel
you have attacked a principle Of free govern
ment dear to the people, and one Which is
Staes-a principle respected and acknowl-
edged by every gentleman Of any profession.
The duty Of counsel to persons accused of
crime is settled as a question of ethics by the
best authorities of England and America, and
has been acquiesced in for more than GEN.
tury Of time. In turning attention from the
questions discussed in my argument for the
prisoners, ii seems to me you have raised
false ISSUE
Whether have been guilty of the bad
taste of sneerng at loyal commander in
the American Navy, can be question of it,
tie moment; but whether a Military Commits
sion has right, in time Of peace, to try civil
officers and to arbitrate upon questions of life
and death, is one Of those vital questions
which the press and the people must meet,
~ I I.
to answer this part Of my argument and for
the simple reason, doubtless, that it is unans-
werable.
You have sneered at the right Of trial by
jury when you say "that personifcation of
Justice in a straight waistcoat, called jury"
when you seek to put the military above
the civil tribunals in the administration Of
justice.
Did the writer of that editorial really mean
and does the whole series Of your articles
bear the Interpretation, that you are tired of
Jury trial and seek to set up military commits,
sioDs in its pace9 If so, you are guilty of a
most monstrous heresy against the principles.
OF free government-you are attacking the
liberties Of the people-you are undermining
the very foundations of our Republic aud
striking blow at civilization, religion, and
constitutional liberty
You know, you have read my argument,
that there is not one line, or sentiment 10 it
excusiug secession or in palliaton Of the re-
bellion: not one thought that might not be
entertained by loyal man; and you do not
mark the signs Of the times if you do not
know that the American people will utterly
repudiate the idea Of military tribunals exer
cising authority in time Of peace.
The war is ended-quiet is restored and
to establish military commission upon this
coast, at this time, for the trial of civic Of
fences, is an act Of usurpation Of power for
which there is neither palalion nor excuse.
If my loyalty is to be measured by an ap
proval Of this, or kindred acts, then do
submit TO have that loyalty questioned.
Following your lead, other journals have
threatened me with defeat of supposed po.
tical ambition-bave said that for defending
'pirates," am bad citizen. am content,
and now say that am willing to abandon
social position, professional emoluments, or
political ambition, if they cannot be secured
without infdeity to clients and base pam
dering to the popular camor in upholding
military usurpation.
1t is not for the Salvador prisoners that
write this article. 1t is not in sympathy for
rebels defeated in their mad efforts TO destroy
the Government of the United States. But
it is because | believe military tribunals are
dangerous TO the existence Of the Republic.
1t is because it is the first step toward tyran.
ny, and because believe that whoever 10 au-
thorty continues these Commissions, now
that the Military necessity no longer requires
their existence, that raise my protest against
their continuance.
love the Union party too we'll to see it or
its officers in authority commit this worse
than crime-this terrible blunder. love the
country for the preservation Of which we
have waded through SO much blood too we'll
too see its Administration now peril its well
fare by this crime against liberty.
1t is time, now, at the very commencement
of this effort, for thinking men to raise their
cry against its consummation. 1t is time for
the press with united effort to crush out
this egg of tyranny before it hatches its
monster of oppression.
Aud now, Mr.. Editor, believe me, it is not
mere egotism that prompts this communica
ton, and beg Of you to discuss the question
involved, and not myself 1t is easy TO swim
with the current and he popular at the ex-
pense of right. 1t is sometimes hard to stem
the popular current in defense of the right
But it is the duty of every good citizen who
aspres (as do not) to be leader of public
opinion, to sometimes even dare their favor
in defense Of principle
| am, very respectfully yours,
FRANK NJ. PIXLEY.