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

ronmon law was adopted In that State in body. far
ns u was not inconsistent with the bill OF rghte' 10
the effect is the Of the State against bu-
Chanau Is IIar. and Johns $40, of tho ablest DC
cisons Of the common law OF conspiracy In existence
The reports Of Maryland detail frequent actions FOR libel
yet their statutes show that no law has ever Dec
passed ON the subject IL being strictly common IA"
ohsnse. Libel IT, therefore, clearly crime In the DIS
trct OF Columbia II Is equally clear that 10 Is hot pun
ishabe by confinement in the Penentiary The act OF
March q 1881 section deHnes certain ofenses as pun
fshabe 10 the Penitenuary and Sec Is provides that all
Others (which include lbe shall be punshaoie as thee
,otore his therefore established that libel is included
sn the msdemeanors over which the Ponce court VI inc
District OF Columbia has Jurisdiction
nav be convenient here 80 refer TO the legislation OF
Congress relative to criminal jurisdiction in the District
OF Columbia BY the Act OF Fob a. 1901 Section g. passed
AT the same session OF Congress with the general law
creating twenty-five Districts and six Circuit Courts, the
Circuit Court for the District OF Columbia
created. 10 which was given all the powers conferred
pon the Circuit Court OF the United States OF the
powers gwen being try criminal cases aud TO take
coguzance OF al crimes and ofenses committed within
che strict by the Act OF July T. 1885, criminal court
was established in the District TO which, by Section
was given all the jurisdiction relative to crimes then
Aeld by the Circuit Court .
lido not know that need say more than have "hu'
submit to your Honor that the statute distinctly s'4'es
that II such olense charged against MI Dana - "
shall be I'm any district other than that ia "ii0n -
odenso s 10 DO tried. IS committed warrant sN"i -
granted for the removal Of tho offender tnore'o An
prisoner has been committed on sworn cohPlaiH'
ON n sworn INCARNATION fled by the officer OF the DIS
tc.. thar information has been filed IN court Wmou
Itb,nk have shown to your Honor, has jurisdiction
and the fact being we apprehena tha' tho UuV "
your Honor Is established by those iactS' ~ was w
-. III ,o,,r Honor Will doubtless remember In the
case OF Boomear that when there is an ainda'l NIUE
before Commissioner charging certain person VII"
,,islcmcaaor, it deyOves upon the Commissioner IN
r,.5l,tely 10 net Subsequent 10 this case IN
serton her. 1853 there came before the Judge OF
this District the case OF Beverly Clark, when was OF
similar nature On the information furnished by Mr.
Shepherd. charging this prisoner with the Or
tense OF libel, the Commissioner committed
him II remains unoontradicted, and upon tina
We ask your Honor TO issue your warrant
remanding the prisoner 10 the custody OF the Mar
stal TO be taken 10 the District Of Columbia for trial
The clsc is not extraordinary there Is nothing OUT VI
the ordinary line 10 It, know that this district mas
sent prisoners TO the District OF Columbia under similar
circumstances Prisoners have been brought here from
Chicago and they have IN a like manner been renamed
o. Chicago % Mch gan, and 70 Florida; ana there Is
no reason why similar warrant should not be issueo ID
hi, case Tho crime charged is noticing except the
loose and pontes recrimnaon OF the press IN ehafs
ing any official who does not happen 10 agree with II IN
his political or oicia views with being criminal me
person Who has made the charge when asked TO go 10
the place where that ofense committed ana where
all the witnesses are be found, to prove the Wuth OF
his assertions and where II at ALL 1t Is proper the case
should be investigated. tod that 1t Is extra
Ordinary. grasp of despotism, and all that In my
opening have covered ground than should have
done we're IL not for the that tins is the first APP
learance in the case Of one OF the learned gentlemen
(ir Fisher who assisting me, and wished to state
the case somewhat IL detail for his benefit.
Mr. Bartlett, who had listened attentively TO MT
Bss argument arose and addressed the Court as fol
lows in behalf OF Mr. Dana:
ARGUMENT OF WILLIAM 0. BARTLETT.
" your Honor please this Is application TO your
Honor for performance OF one OF the most grave and
serious functions which ever falls 10 the duty OF aludge
o. DISCHARGE You asked TO commit citizen OF the
state OF NowYcrk the hands Of an officer OF the Gov
ernment Of United States to be transferred to the
District Of Columbia there be consigned TO dungeon
and his liberty staed upon the opinion Of police court
o., that District II happens in this case that the CIT
17en whom you asked TO deprive Of his liberty is one
o. the most distinguished citizens OF this great state;
- gentleman, who, IN the extent of his learn
ing and the variety Of his attachments has
few very few, peers upon the American
Continent; q gentleman the purity OF whose private
character the most malignant enmity has never as
smiled and vet n he the most uninportant citzen
OF NewYOrk the question would DO equally grave, be-
cause through the Bill OF Civil Rights all men here are
Tie peers of the President Of the United States. We
come here inquire what charge you are asked 10
consgn M the hands OF this ohcer and TO SEM
bin without the limits OF the State to be punished God
ouy knows how or TO what extent. By what
authority do they ask this 10 be donet
Upon the old common law Of libel existing before
the American Revolution took place. which gave to this
country its freedom, upon law OF barDarism which
has become relic; and now your Honor it may be well,
as matter " strict to refer TO the fact that Their
information not information that could have been
maintained the! Kings Bench; but do not con-
tend that that point would be available here MT Dana
had nothing 70 DO with the publication Of this alleged
libel he was the city at the time it was printed
and would not have approved Of 1t fine had known OF It,
The Commissioner said that unless you admit that MI
Dana Is editor Of the paper and
Biz Bss-I object to the learned gentlemans renears
ins what he believes have Deeu said by the Commits
sioner
Mr. Bartlett-I rely on the report Of TIE NEw-YoEK
TRIBUNE. and think that Will sustain me.
Judge Blatchfori-Go on Mr.. Bartlett
MI Bartlett continued: We stand before your Honor
resting upon pure and simple question OF law Iheard
things brought in here by the learned DstrctAtorney
winch have a right 70 answer. and have answered
them Invite the attention OF your Honor, when you
have so crave duty TO PERFORM to those principles
which are adjudcated upon by one whom your Honor
an oEo Of the opinions you have delivered mas desig-
mated rs the ustr.Ous Judge that ever sat upon
the American Bench. refer your honor 70 that pro
vision of the Constitution which says that the trial OF all
crimes except that Of shall De by Jury You
remember the statute establishing this Police Court
OF the District OF Columbia prohibits trial by jury In
mat court Now submit that II is not too much, in the
light of the history OF formation Of the Constitution
OF the Uoted States TO say that there was not one
among the funetiOnares Of the States that adopted IT
who would have signed it could he have conceived that
IN the year 1873 Judge could be found TO try citizen
An court in which the right Of trial by jury was pro
hibited now ask your Honors attention to the doc
trines laid by ChefJusee Marshall in Que OF tho
greatest cases he ever decided CmefJusce Marshall
ssa An tina case of Harbor against Madison "H the