New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-07-17
THE DANA LIBEL SUIT.

THE DANA LIBEL SUIT
The decision of Judge Blatchford in the case
of the United States vs. Charles A. Dana,
charged with libel on Henry D. Cooke and
Alexander D. Shepherd refusing to order the
removal of the defendant to the jurisdiction
of the Police Court Of the District of Column
bia, was not unexpected by members Of the
Bar who arc familiar with the law in the case,
although it seems to have disappointed the
Dstrict-AttOrney, Mr.. George Bliss, jr., the Q. s.
Commissioner, Mr.. John |. Davenport, Messrs.
Cooke and Shepherd, the parties instigating the
prosecution, and their attorneys. The prompt
ness with which the decision was rendered,
and the entire absence of hesitation or ques-
ton in the mind of the court, without waiting
for the full argument on the part Of the de-
fense, go far to reaSsure the public and to
ouiet the apprehension that was beginning to
be felt that this case was to be made prece-
dent which Washington Office-hOlders proposed
to use in intrenching themselves against the
criticism Of the press.
Mr.. Davenport, who, as United States Com
missioner, did what he supposed was the
correct thing for the Administration and the
party, and who is really quite harmless except
as he has, or thinks be has, power behind him
to sustain his assumption and arrogance, and
Mr.. District ATTORNEY Bliss, who lives for his
party and esteems ali things right and proper
which go to strengthen it, may now step down.
They have filed for the moment larger
space in the public eye than they
were entitled to, and have achieved
temporarily some nOtOriety. In and of them
selves they are not dangerous. In this case
they have translated the tendency Of their mas
ters; have correctly interpreted the spirit Of
the office holders, and the direction of national
progress. They have made the mistake, being
little fellows and not competent for guides, of
stepping little too far to the front. The
time is hardly ripe for the movement they
undertook to initiate. They proposed to take
one newspaper editor-and it suited their pur-
pose for various reasons to take Mr.. Dana
and drag him before Washington police court
which had no power to summon jury
and give him summary trial and pun
ishment. Successful, it would have been
clever thing. 1t would have efIectually stopped
all unfriendly criticism of an Administration
that had thus established the right of summon
ing its critics before q court of its own choice
and a iury--if the case should by appeal go to
a court that had power to summon jury-Of
its own creatures. Messrs. Bliss and Daven-
port, could they have succeeded in this, would
have accomplished something to entitle them
to very high consideration in the party whose
power they have so largely helped perpetuate.
Their argument was that though the police
court before which Mr.. Dana was summoned
for trial had no right to summon jury, to
which the accused is entitled under the Con-
stitutiOn of the United States, he had still the
right of trial by jury by virtue of an appeal
to q higher court after conviction. 1t was
upon this argument that the warrant of re-
moval was sought. Fortunately the good
sense of Judge Blatchford pierced the spcciOus-
ness of the plea, and the motion for an order
Of removal was summarily dismissed.
If this were only the case of Mr.. Dana, or
if Messrs. Bliss and Davenport were repre-
senting in it only their own crude notions of
law and still more crude ideas of justice, it
would be of little consequence and might well
be dismissed without comment. But the I'M
happy fact is that these men are the advanced
guard of great party, and represent with
impatient forecast its tendency and direction.
The impulse given to irresponsible and extra
constitutional administration of law during a
time of war they are endeavOring to keep up
in time Of peace They are looking
to the party which became familiar with
and was reconciled to it through the necessi-
ties of the war to back them up in it. 1t is
an open question whether the people hold SO
blind an allegiance to party as to assent to
whatever such men think is necessary to per-
petuate party power. We do not believe they
do. The appeal to the judiciary has in this
case been ia vain. But the tendency remains,
and the disposition is the same, and that is
what demands the utmost vigilance OF the
people.
Doubtless it was thought that the case OF
Mr.. Dana, who has been somewhat creduious
Of reports prejudcial to the character Of his
opponents, and perhaps too ready to indorse
sweeping charges against them, was good
one to begin on. The result has shown, in the
almost unanimous protest Of the press against
the contemplated outrage, that the principle of
freedom Of the press was too dear TO be sac
rifced upon any pretense, and that no offcnse
can Justify auy such eRcEoachment upon it as