The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-08-20

Editorial Opinions of the Leading Journals
UDOn Current Topics EsorS
Dny for the Evening Telegraph.
SPECTACULAR CRAFTSMANSHIP AND
LAW.

ont the policy announced in his inaugural of
executing all laws, good or bad and in fulfill
ing his oath of Office to the same effect. He
stumbled over that ignorance in nominating
MIR. Stewart to be Secretary of the Treasury.
when a Federal statute forbade such an an
pointment Stumbling thus and falling, he
called on Congress to pick him up and set
him on his feet again by repeating the statute
which he was violating.
He has stumbled and fallen again over his
ignorance. His order to Marshal Barlow to
hold the prisoner Pratt lat any cost disclosed
that Ignorance in all its proportions. Had
Congress been in session, doubtless that bodv
would have been invoked to set the President
on his legs again by an act conforming the
law to his ignorance, and ordaining that an
offense committed in the United States can
be tried elsewhere than in the district where
committed, or if committed on the high seas
elsewhere than in the port or district into
which the prisoner is first brought Whether
Burr or Grant most disgraced us might then
be left to the decision of military commits
sion But Congress was not in session to be
called on to back up Grant and set him on
his legs again, and so he has had to be con-
tent with the performance of that service by
District Attorney Pierrepont and United
States Commissioner Osborne They have
done it with spectacular effect
The plea of. District Attorney Pierrepont
was farce, decorously performed, we must
admit the whole trial before United States
Commissioner Osborne was a sham, and, as in
most mock trials, the business was little
overdone by the presiding officer The pur-
pose of the sham was to conceal from general
observation that President Grant had again
stumbled and was PROSTATE, waiting to be set
up again for our homage in the chair of state
For District Attorney Pierrepont must have
known, from the beginning of the Pratt
BUSINESS to the deBOu6moHt into which he
conducted it SO ingeniously and as piously
as if he had been a son of Noah; and
United States Commissioner Osborne must
have learned over Sunday, if no earlier
under the tuition of the Chambers street
stage manager, that an offense committed
IN the United States can be tried only in the
district where committed The reason of
the law is to prevent the Government from
marching prisoner about to select district
favorable to a conviction. But the warrant of
the Commissioner affirmed that Pratt's Of
fenses were all done in the district or State of
Texas In his Sunday-schooling, Commits
sioner Osborne was doubtless informed that
those Otfenses were therefore triable in that
State or district, and nowhere else in this
solar system. He was doubtless instructed.
also that no commissioner magistrate Judge.
or court in New York had the legal right to
SRtttdte the arrest of Pratt; that the
starting point was Texas, and the proper
manner of proceeding was for the
United States to procure an Indictment
against the accused in that State, and on it
demand his extradition from the Governor of
New York; that on the eXtradition the sole
inquiry would be the identity of the person
charged in the Indictment with the person
sought to be removed Stage-Manager Pier
repont moreover, before putting the court
throug h hltSrehearsals must have had to disclose
to Osborne not only his own blunders. but
also the blunderS of the military noodles at
IeXaS and IN Washington, who, instead of
pursuing the aforementioned customary and
legal course, sent detective after Pratt. who
hnds him IN New York, eight months after
his alleged otfense, who has no personal
knowledge thereof except heresay, which is
not competent evidence, yet thereupon makes
complaint and gets from Osborne the war
rant, perhaps promising him more evidence
on the examination but certainly offering no
legal proof-and no evidence but what went
10 show that Osborne had no jurisdiction over
the ofense even if committed by Pratt
There must have been a dress rehearsal
Osborne went through the last act of this
spectacular drama so glibly. We can fancy
District Attorney, or rather Director, Pierre
pont bringing the court into proper docility
by informing Mr.. Osborne that. whatever his
name grade, or rank in the system of Fede
Ial Juulcature-nay, not even though he were
Justice Nelson himself in his robes and his
hon name, instead of being endowed with a
quite different apparel and authority, had he
flghttul power IN the premises to arrest and
mold Pratt and, as the court resisted and
cited Booths case and the decision therein of
Cmet Justice fancy, doubtless the index fin
ger OF the manager arose, and Mr.. Osborne
was taught that, as against the jurisdiction of
otate Judge issuing writ of habeas corpus
10 bring Pratt before him, it was preposterous
to allege that for preventing inquiry whether.
under the Federal laws, admitting the guilt of
the accused to be as laid, he (Osborne) had
any jurisdiction; and, if none, then his war
rant to Barlow conveyed to him no authority
or protection.
we hear the eXasperated stage manager
saying; Suppose it admitted that you were
not commissioner when you issued the war
rant, is State judge prevented by the ghost
OF fancy from taking notice of that admis-
sion Suppose it admitted on all sides that.
being o commissioner for this district. Won
h0Ue no jurisdiction over the case of this
murderer of Texas, must State Judge shut
his eyes to the admission; and what difference
can he know between want of jurisdiction
admitted or want of jurisdiction proved in
contestably ? OF course, had Congress clearly
given you jurisdiction in words, State Judge
ought not to divest that jurisdiction upon the
ground that the words were unconstitutional.
When the Managing Director had his pupil
sufficiently humbled, he doubtless then dis
closed to him how much safer for him it was
and how essential to the disordered dignity
of Grant it was, that the Court should go on,
instead of retreating, and proceed to exercise
the Jurisdiction that it had usurped.
One dress-rehearsal of this sham, along