The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-11-10
TURNING THE TABLES on THE RADICALS.

ssCondign Punishment"
[Fron the Washington Intelligencer-ihs Presidents
organ-Nov o.
II Is believed by many we'll informed persons in wash
ingtou that individuals could be named among the
ant personages who have conspired BY force nlnda-
ton and threat TO prevent certain high funcliona
rios from holding and exercising Offices, trusts,
aud places OF confidence the OF the United
states is alleged moreover, that the conspiracy
ferred TO is still foot the COMPLEXION
or tho recent elections. and conemplates early
summation. These suspicious, put forth, however.
with uncommon confidence by those who circulate
pubca onsi Of expressions used from time to time Sy
gentlemen who have been supposed to represent them
selves as speaking the sentiments Of distinguished but
reticeut ofncer
We do profess to know what Foundation thcrs may
be for enterprises desperate and criminal Less
observation Of the infatuaton which alics public men
about to lose power who have been struck with
bton for the Presidency would indeed have rendered
US Wholly ncreauous OF any a..emp. ne leaders o.
the reins OF control BY undertakings so mad Never
theess serious remark may not he untmey upon the
simplest and yet the most insuperabe obstacle 20 pro-
ect which would dshonor and destroy not only ell who
had part in IT, but ell who had shown countenance or
tolerance for sedon senseess and In country Of
majestic law. audacious We mean the statute made
and provided for such cases.
The FIRST section OF the act Of Congress Of the Slst
July, 1881, may DO read n the twelfth volume OF she
Statutes as Large, page 2sl We quote Il in full:-
II two psr,ons within any State Territory Of
q he
- force he 81 he The
ss IL q y s s. Of Bs nsd :. Or y
ss g s *. . ANY s ss % 81 s
United States; ~ Jore, d.iimiaaion, rsa pre-
s;" , s 3 @ a9 A asss s.s &
every person 50 offending shall be suy q high crime.
court q ths United states hav ns tursd Ct thereof
e. ~
not Less Than $500 and moi than $1,000 b.
deicrmne FOR period months nor greater
than SIX or by both such fine and imprisonment
A..
do these various things; not the doing Of them any
OF them. They elsewhere provided for the
here. is the conspirng Of two persons in any
state Territory for the purpose OF committing any Of
the violent and reasonable acts set out in the law.
Treason well known, can only be proved In q par
ticular way while almost all practically REQUIRE
witnesses not implicated In them But this Is the
case with a conspiracy That crime Is an exception
IL may proved by the declarations the copsprators
themselves, which are admissible In evidence,
heard by third persons This ancient and salutary rule
Of evidence has been well said 70 be the salt Of safety
in society without II nothing could be done. in
to arrest plots the most runou 10 reputat life,
property, and civil order, until they had ripened into
enec, and wrought all the evil they comprised.
One of the striking OF the consprscies provided
for In the statute quoted Is the Of conspiracy by
intimidation or threat 20 prevent any person from hold
ing any Office, trust or place OF confidence under the
United States The holding Of tho Office the trust and
by Andrew Johnson well tue holding OF any other
Office, is then thing which persons may corspirs TO
prevent by force, intimidation, or threat Those who
Therefore be charged with the "high crime ar.
rested bailed, or sent TO jail, indicted convicted
sentenced and punished by six In the pcntentary
hard labor and Zine OF 5000, or less punishment
the discreet on Of the court. any district circn
OF the United States the supreme court OF any
OF the Territories includes most Of tho of the
United states, with those OF the District OF Columbia.
The law makes no distinction OF persons and II would
involve cravenness not conceivable OF American
to suppose that distinguished politicians
Others may snIy we os soaao" 2, 90 immunity sh when
Tho hunbest citizen, acquainted with the facts,
may lodge his affidavit with the proper magistrate
Judge, and the warrant must come forthwith The
officer who bears Il must be obeyed he lays on The
shoulder OF Senator General the hand OF poor
policeman bat holds the writ OF the great republic,
while the other he holds the thunderhols Of authority
more mighty IN his hand forged by the hammer Of the
people than those wrought by Vulcan anc welded by
Jupiter. The army and the navy and the militia OF the
several States are his for the purpose Of that arrest II
their constitutional commander fail not OF his sworn
duty
But would conspirators suffer themselves TO run the
risk without providing also scheme for protecting
mere RIO, or rescue which would not commit them too
early and set might keep them free 20 out their pro-
ec Of nidaiion threats Or force Riot rescue mob
violence ARRAY, &C. tumults In which criminal
sponsbty Is sight and precarious But conspiracyto
make q rioL rescue &c, is quite different thing,
SHALL ronsplrs . by force 10 prevent hinder or
delay the execution OF any law Of the United states
yhfs Is law itself. And conspiracy TO prevent the
,hs charge OF having violated this law would b new
violation Of u such . conspiracy % prevent would
persons overheard consprng prevent arrests under
this law would themselves Re subject to such arrest
before they could get up . tumult
There 10 prevalent and ignoble notion that men,
her OF Congress IT, In being lawmsker 20 much above
the aw that he enjoys almost . total Immunity from
sSrss, during the session Tbis degrading concession 10
crirnns presumption Ia altogether proundiess. The
constitutions respecting members Of Congress provess
Thsv sht IN oil ercert reason felony and breach
Of the peace be privileged from during their attend
ane the sessions o. hey respective houses and In ro,nE
"a md return ne from the fkme.-Artce l. section O.
The settled and ancient principle which immunity
from arrest granted 10 members OF legislative bodies,
s the right OF the people 81 large that their representa-
tvss while engaged In the public business, should not
he diverted hersrom by private litigation vsxstiou or
unevauce not OF tenderness reverence for them,
hui 10 protect them from occasion for or 70 deprive
them Of excuse in psgIectins puble duties This 10
shown by the fact that In early periods IN England the
privilege Of Psrlament extended TO the servants OF
m smbers who could Dot have obects OF vsnsrA-
ton ~ statesmen. Breach OF the peace, FELONY, or
treason are 10 psr Of public business or Legislative
dnt, aud The imlnusty OF members FROM punshuleat
Of iheir high inncto .nMst have