, 1873-07-13

| and array A1nn md Woman III nntagoniBm to ono
another Ia not possible. ConxEL,A.
UNJUST JUDGES.
| NJ MARGARET r. BUCHANAN.
Tho recent action Of Judge Lynch, of Now
| Orleans. refusing to permit two Jurors to nd.
drcss him In relation to their verdict fn tho
1lawkins-Picnyuno auit, was not nocosgary ns m
| illustration OF tho tendency Of tic Amor
ican judiciary, ii unchecked, to commit
vioont outrages upon the riglta Of persons iii
court. Tho defeat Of Judge Lawrence In 1llt-
noiB, On tho ground that ho waB liab!o to
render judgmonts inimical 10 cortain por-
| tionB Of tho pooplo who might appear
~ plnlntiffe beforo him, Ia proof enough
that public sentiment ia not only tho ca,1so Of
the degradation Of tho judiciary, but that public
sentiment Ia as reckloas OF tho judi cinl conso-
qucncos OF Its inlluonco, and ~ blind to public
| danger, Us tho corrupt and cowlrdy mon whom
1t can Affect nra reoldoss Of their duty, and in
difforcnt to tho responsibility Of their Office.
National suicide can DO committed in only ono
| placo-in tho courts. There ID no danger for
tho future Of the American Republic in wars or
postilencea in party organization, or the ambl-
| tion OF personB.-in fatnine, or financial reyolu-
tion. While tho courts ronlain calm. tho
| Constitution is secure.
But 1t is opportuno to ask 1t eourts aro re-
1nainfng calm. If thoy arc not. tue rights Of no
nun arc safo. Tho nation can be asBailed only
through tho individual II thoro bo n markod
disposition in tho courts to asaail individual
rights, apprehension may vol be felt for tho
maintenance Of rights out Of courts.
Public sentiment ia neyor Judicial. The mass
does not discriminate. 4 hord rusllos, It 1t
move ut ali. just in proportion rs
courts are affected by this public turbu-
lonce, thoy become unsafo interpreters
| OF law, and corrupt administrators Of
| 5ustico. The condition Of tho courts in
throe or moro OF tho Btntes is not ono to in
spire security, and, while tho crimes Of tho
Judges may be traced In many cases to the desire
Of personal aggrnndizemcnt,- mere money,
the pages Of judicial record Which Americans
may yet wish to erase have not boen written for
that kind Of pay. Tho man most dangerous on
tho bench is ho who becomes the puppot OF pub
lio passion. Judge who gives decision in ao-
oordance with public sentiment, merely for tint
| reaBon, Is moro dangerous demagoguo
| than my on rostrum, and is oonsid
oraby worao than q highwayman, who,
IT ho snatch tho travellers purse, leaves
him last resort, in case the thiot bo
taken. But tho Judge who invades individual
| rights out Of sympathy with public opinion robs
hia victim oven Of this fnnl ronody, for there is
no redress against tho Judicial thof but impoacl-
mens,-and public opinion can alono do that. It
will not punish the servant who oboys ita own
| mandates. It Ia moro apt to honor him with q
sent On tho Supreme Bench.
| Tho patriotic American citizen may feel him
solf aggreyod to havo 1t said that his rights woro
| grieyously assailod III tho porson of
William II. Twocd. Yct such MAS tic
| fact. The ring trials are an alarm
| ing testimony to tho subiootion OF Judges undor
tho trampling foot Of public anger. Lot it be
| granted that lie ia great criminal whom all the
powor of the law has not yet been ablo to punish.
| That fault ia the lawmakers. But lie ind rights
before tho law which no Judge can tako away.
| Before the bar Of court ho wsB an American
citizen armed with the Constitution. Tho law
was not to bo applied to him differently from
other men. He had tho same legal rights, once
under arrost, that Charles O'Conor or Joseph
| Eodl would have. Yet 30 impressed were
| tho individual Judges Of New York
by the fury Of popular clamor for his
| lifo, TINT any one Of tho majority Of them would
haVo been glad to rob him OF every right III
court for tho triumph Of delivering him con-
| vict to tho public Madness Tho Constitution
| speaks explicitly concerning extortionate ball.
fot o million of dollars waH demanded OF him !
! And IT newspaper Of New York had dared to
| oenonnco THIS Hcandaloun syoophanoy on tho
part Of Judge, scarcely copy Of 1t would have
been bought on the streets tho next day.
Throughout his trial the bench wns eu,pty.
Judge Davis figure sat upon it, but he WAS really
down in tho Prosecuting -Attoneys place,
| and 6nlfpara1 hiu r,11ip
His charge to tho jury wab tho raying OF an ad-
vocato who 1oaos Ills cato II the prisoner bo not
convicted. II Tweed essapod, Davis waa III dan
ger, he thought, Of pubic e1ecration. If Twood
woro convicted, high judicial proforment
1oomed up before him, nnl ho would become i'm
mediateIy great In public applause and uewHpa-
per laudation. Tweed rned nover open his
palm to receive public sympathy for tho out
RACES he Rufforod in Judge Davis court but it
is d fact, nevertheless, that theao outrages woro
directed against the civil rights aud the personal
liberty Of every citizen Of the United States.
Tho trial of Susan B. Anthony by Judge Hunt
WAS an atroolous outrage Of tao Rights of tho
| citizen at the hands OF tho judiciary. For,
whether 6usan B. Anthony bo citizan in the
| aggressive Bonse-in the Renss that Bhe is Gu
titlod to protect hor oitzenshit By bor ballot Us
q man does,--it is certain that he ia citizen in
the sense TINT sho ia entitled to protection of
tho laws. This citizenship is accorded to all
men, native or foreign, naturalzed or uunatu-
ralizod. to all women, to. mon under ago, to
idiotB, to infants. Susan B. Anhony was por-
fcot citizon in that department American iu-
risprudenco which guarantees tsevery criminal
q trial according to constitutions methods. She
was taken before Judge Hun on 4 criminal
charge. It makoa no difference What that charge
WAS. Tho Constitution Of to United States
and tho Constitution Of Now Yuk docla1o that
person accused Of o criminal ofonse shall have
| jury trial. Judge Hunt robbedMiss Anthony OF
this right. Tho formality Of ummoning q Jury
was gone through with. It inossontial TINT
Miss Anthony denied these trolve to be her
peers. II = 10-year-old cli1d were being
triod for murdorlug a playmate, 1t
is scarcely reasonable to d,mana tor him
| that hfa inrv In o,mnoRoi ~ +sn.vanr,o3da