The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-08-26
Tudge Ludlow and the BOileau Case
Jndpe AIlisOn's Opinion of It.

fnaMorv of our readers by statlnB pIleily tne
facts in that case.
Az one of the darkest periods of the war,
Vvbau armed Rebels in the field and sneaking
traitors in the rear were putting forth their
must tremendous efforts to break down the
Government, one A. D. Boileau, of this city,
was arrested under military law, by the
officers of the United States, and taken to Fort
McHenry, for the alleged publication of articles
tending to give aid and encouragement to the
Rebellion. The court of which Judge Ludlow is
one of the judges was then in session, and he
straightway directed the Grand Jury to sus-
pend all other business, ordering the District
Attorney to send for the persons named, and
the Grand Jury, after they had heard the
witnesses brought before them, to present the
facts to the court. The following day the
presentment was made to the court of the
fact of Boileau's arrest as above stated,
and upon this presentment the District At
torney, by the Judge then holding the court,
was directed to prepare and send before the
Grand Jury bills Of Indictment.
A few days after these proceedings were
had Judge Allison, of the same court, addressed
the Grand Jury, reviewing the action of Judge
Ludlow in a kind and respectful but most
scathing manner, declaring that his proceed
ings in the premises were not only calculated
to give aid and comfort to the Rebellion, but
were absolutely illegal, and without any
established principle to sanction or sustain
them, and directing the Grand Jury not to
bring in the indictment ordered by Judge
Ludlow until ordered to do so by a majority
of the court. AS this case, therefore, directly
affects the character of Judge Ludlow as a
judge as well as a loyal citizen, we invite
special attention to Judge Allison's remarks
which we subjoin. After discussing before
the Grand Jury the different legal modes of
instituting criminal proceedings in this State,
and after reciting Judge Ludlow's action as
we have detailed it above, Judge Allison
says:-
ITO this proceeding am compelled to except.
regarding 1t as wrong in every aspect in which
duty as Judge of this Court, If, Dy my silence
might even seem to sanction 1t, and Ii, in
speaking, did not place upon IL my most em-
phatic condemnation. 1t was unwise because
IL was unnecessary; the ordinary mode OF crimi
nal procedure being fully adequate to remedy
that method being IN my judgment the only
proper and legal way of bringing the case in
Court II was injudicious, for, however well in
tended, the consequence OF a Judge of his own
notlon, upon mere Information obtained in no
legal way-for there is no complaint under oath
with unnecessary and unusual haste, making
use OF MS othcial position TO institute
prosecution strictly personal and private
proceeding liable to misconstruction; to
place this Court in false position
before the country, as anxious for, and of its
own motion seeking, cause of difficulty with
the government, and because the legitimate re-
suit of such action is to precipitate a collision
between the States and General Government
when such collision should by all proper means
ana and 70 the last possible extremity be avoided,
the land may be upheld and strengthened in its
fearful struggle with an infamous Rebellion,
Whlcn denes It's authority, tramples on its flag
inApertls its existence, and which has filed the
land with lamentation and woe. cannot con-
sent that this Court shall even unintentionally
be used for any such purpose, unless the neces.
sity be forced upon us, and that necessity that
cannot be avoided; and. speaking for myself, l
else of any portion Of or all, the rightful power
of my Office, IL can bePrevented.
"Tnere is stlll another reason why cannot
approve OF the proceedings under considera.
tion. and that is, because 1 believe them TO be
unauthorized by the law OF the land, having
no established principle regulating proceedings
before grand juries to sanction or sustain them
q brief reference to the essentials of the three
extraordinary modes Of instituting procedure
to which have called your attention, will
make this clear TO demonstration.
ut Is not such q presentment as can be made
the basis OF any action by the Court, for beinf
aimed at individual Offenders and at specific
and distinct offense, IL could be legally founded
only on the personal knowledge OF the granc
Jurors; the presentment in question has for IL
foundation q communication made to the Jury
by the Presiding Judge, and the statements o
persons sent before them by his direction: thi
Is precisely what the Court in Carpenters cas-
decided they had no authority to do, and there
fore stands in direct conflict with the esta
blished law and express decision OF this Court
must, therefore, regard the presentment al
irregular and invalid.
Neither does this fall under the second elias
sincation; the proceedings did not Originate
with the District Attorney, nor was any tndict
ment, of his own motion or otherwise, laid be
fore the Grand Jury
sit is equally clear that 1t does not fall in will
she only remaining mode, which is where thl
Court, Of their own motion, call the attention
OF the Grand Jury to- and direct an inVesti9a
ton OF matters general In their nature; for, a.
we nave already seen. that 1t can only be don,
where the evil affects the entire community
and In no case where IL Is personal and indi
vtdual. IL isnoJ 10 be doubted that In cases Ii k
to those previously mentioned, such as riots
nutsances, and multiplied and fragrant vice
which tnjuriously affect the health, or comfort
or safety OF the public, the court may summon
and send before the Grand Jury witnesses TO ale
their investigation; but. TO recur again to The
language OF Judge King, this course is neVe
adopted in cases OF ordinary crimes ohareet
against individuals. because 1t would involve
to q certain extent, the expression of opinion
by anticipation, on facts subsequently, 10 com
before the courts for direct Judgment, and be
cause such cases present none of those urgen
ordinary course OF Justice
"If q Judge may direct an Investigation b,
the Grand Jury OF an individual case OF an al
legged false arrest, the result OF which inVestiga
zion Is 20 be made the basis of an individual
personal indictment, then may he in this wa,
institute separate and individual prosecution
uDOD Information OF unknown and irresponsi
BE persons for every crime known to the calen
daf: a proceeding entirely at variance with tn