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


ever that point shall arise for discussion Will be amply
prepared 60 meet It.
II Mr.. Dana committed any ofense in this case, ne
committed II in the City OF New-York. 1t has been held
in that II mails newspaper here 10
remote State and the paper contains libel ne pun
lshed the libel in the state where 1t was sent mean
say that that relic Of the legal fiction OF baroaris
must follow its barbarous brothers to their graves
mean to say that In accordance Win tpo
doctrines laid down by ChietJustce mar
shall, It Is only where man ac's
that you can try him. The papers peiore your nonoi
show that this paper printed mere anu tho 0A0
is all In the publication. My recollection OF that - very
distinct. that the publication In "@shhHSouo VI 1o
was established BY the fact that copy OF the paper CON
+i, A. ras sent 10 Louis Clepbane In that city Your
Honor never saw anything more monstrousy iaiSe
in the world than this false and perjured allegation
that Charles A. Dana published this alleged nDeI ID ~
District OF Columbia. The great men oil inc ie'o
,onary tunes, from the time when the CohSu'usi'. We"
ostahlished never dreamed OF such an enormly Doih
,d To rho provsion by the Constitution, that sncn
cases as this shall be tried by jury counts LOT ho'e
human anguage is vain. II there can DO any
standing or demonstration OF that provision " Ho
stitutiop the work of long and tedious years W P
human liberty is lost ana human liberty cahno W mar
taned after the protection of the bayonetls WhusWn
W. ave recent opinion Of the Supreme Court OF the
United States that subject, ono " 'Ho iuN0'' az" w
of the greatest of modern times
That whole question up In the case OF Muulgah'
septenced 10 death by courtmartial and DECIDED no
longer ago than 1860. and argued with eonsummate
power and eloOuenee by the great lawyer and upright
Judge Jeremiah Black. lie spoke as II speaking IN KeYo
lutionary times and as inspired by the spirit OF
liberty He reminded the Court that to the right oil the
trial by jury, England owes moro OF her freedom
grandeur and prosperity than to all other causes COM
bned He alluded to the antiquity Of that right and OF
tho devotion 10 it in early as well as IN
later times. lie told the Court how Alfred
the Great in single year o. his reign
hanged sxty-three Judges because they denied that
right OF trial by jury to persons accused OF ermes and
that great Supreme Court, rising TO former grandeur
responded fully all these noble sentimental audit was
that opinion and that alone, which came near making
the learned Judge who delivered 1t the present PTes
dent OF the United States he would have been mad
the Press acted the Credit Mober and other eorrup
tons a little earlier than 1t did. [ApplauseJ
Justice Davis says that ever doubted that the
right Of trial by jury fortified by the organic aW
and all citizens Of the States IL charged with eTlne are
guaranteed the nestmable privilege OF trial by jury IN
tho whole administration Of criminal justice, and it
cannot he FILTERED away any plea Of State necessity
Chief Justice Chase TO the same conclusion ana
while expressing dissent from other grounds on Whlch
il was based said for himself and his dissenting asso
Gates Owe assent fully to all that is said In the opin-
ion Of the inestimable value Of trial by jury
Mulllgdn WAS set ~ liberty ustcdu VI bOi'b
to DEATH because that principle Of the Constitution had
been violated IN his case.
THE RIGHT OF EVERY MAN TO A SPEEDY TRIAL
Now in regard TO the specious argument IN which
they may cite authorities and the authority OF
some respectable names, far as they apply 10 the
statutes, we must consider that the Constitution re-
auires not only trial by jury but speedy trial by jury
Now that is inconsistent with compelling man rst 10
| be tried without Jury, and securing to him
! ne viii
poned by tho simple practice of any of the
Courts for years As 10 simply ultimately escaping with
prosperity and physical freedom that was not
all that was esteemed by the who periled all in
the establishment Of our Tree government Il MT CHAR
acter meant be secured by that provision as we'll as
personal bertyi DO you tell that you do not viO-
late that provision Of the Constitution when you make
a man o convict before he can enjoy that rightl
I would IKE to see that proposition made IN
the face Of the American Army when George
Washington led It'll When you morally
killed. when your family have suffered all the pangs and
torments OF hell upon earth in seeiug Its head made
convict by which the OF the United States
hold to be incompetent TO try Ofense you may ap
neal and have this nestimable right OF trial by jury
restored 10 YOU that the right Of the American c
zenf Tell in foreign lands and the ships loaded with
emigrant from every land OF oppression will come next
voyages empty.
ChiefJustce Marshall always insisted with great par
United states was asked deprive q citizen OF liberty
on nuurng into the source of his power and authority
TO perform such act. They have gyenus the statute
and section on which they rely 1t is the S3d section OF
the Judicial act, more commonly called the Judiciary
act of 17s9 Now let us look at It, and shall that
IL you have no authority under it, you have no authority
from any other That provision reads in this
way and this is all to which wish 10 call your honors
attention. "That for any crime ofense against the
United States the offender may by any Judges Judge
of the United States Justice of the Peace or other
magistrate Of the United States whore he may be found
agreeably 20 the usual mode OF process against often
ders and at the expense Of the United States be arrested
or imprisoned or bailed for trial"
Where shall he be tried Before the Police Court Of
Washington Oh no, Before such Court Of the United
States as by this has cognzauce Of the ofense;
aud that is the say by such Court and no
other as has cognzance Of the ofense Your Honor
to sending it for trial to the Washington Police Court
IL might as well be tried in the Dessert OF Saharah
Where Is the Police Court now What Is its authority
under the act Of 1881 Your Honor has more power
than dead man to consign man for trial to Court
| except that which has cognizance Of the ofense.
now call attention to the provision OF the Constu-
ton: The judicial power OF the United States shall be
vested in Supreme Court and subordn ate courts
and the Judges shall hold Office during good behavior"
The Supreme Court Of the United States has decided
that the judicial power means all the judicial power
and that III can only DC Opposou III ooulh CaTOnha anu
In the inferior which hold from II office during
| good behavior"
Some efforts have been made to explain away that
provision Of the Constitution for 1t always had enemies
FOR there is an ndercurrent which breeds petty tyrans
in every country; but 1t cannot be explained away
and ChiefJustice Marshall decided that judge OF a
court who did not hold during good behavior held none
Of the power provided for under the Constitution and
therefore, hold that every ground this Police Court
nj tho District Of Columbia is an unconstitutional Court
and has no more right than 1t kdnapper IN tie
District OF Columbia stretch forth lis hands and take
Charles H. Dana away from the jurisdiction Of tho En-
/ miro City. IApplause.l