, 1873-07-19

small, by jury. Bit ovory effort to Introduce
some system for our roltof hns boon mot by this
inbur1nouhtable barrier Of tho Constitution
tltis clause Of tho Constitution. Thorofore VIC
In this tnBo, rs | understand It, It iB perfectly,
clear tbat 1t Ia to DO tried In tho first caao witty
out jury. Tie Constitution says TINT oil trials
ahal DO by Jury, and tho acct1Bod ia entitled, not
acquitted by jmryt but to DO conyiotcd or no.
quittol in tho first instance by jury. That
seems to me to bo tho sound higll ground on
which to put this caae
But a1otlior view Ia that tho Judicial not OF
1850 provides tlat an accused porson; alall ba
committed for trial In tho district which by this
net has cognfzanco Of tho oiYonBo. Congress
ihhH haif dozon times wiped out tho original
court tn tho District Of Columbia. and in fact
court in tho District OF Golumbia do not
think Tint any warrant whatever could DO ISSUED
under THO statute to Houd y person to any other
district than the courta established by this act.
Honor's attention to the caae Of Boomgart,
who Was aont to dintrict cetablihhed aoyontoen
years eftor tho passage Of that act and to tho
case Of aperaon ,aent to Michigan by Judge
Benedct-n district not established for forty
givon opinions against what you lay down.
Judge Dlatchford-nond them.
Mr. Bliss (Bmiling haatily)-Wirt says that you
can romano to the District Of Columbia, and
1AuHy gave q blIllAE DIJ1uIuu+
Ex.Judgo shipmen!Thoeo decisions woro'
foutidod on tho peculiar Legislation OF Uongress
in regard to tho District.
h1r: Dartlett-I conBtrue tho opinion Of fancy
to bo directly opposite Of whnt Mr. Bliss has
said, aud entirely In accordance with your
Judge Dlatchford-I WAS going to say that I
decline to grant tho warrant on tho ground TINT
this Court llaa no rightto romano for triAl for
any :offonso othor than BY jury. On that ground
Mr. Bliss (am!llng)-of coursc we bow to your
opinion. But / would say that Chief Justice
Taney Expresses different opinion In tho case
of q pereon remanded to tho District Of Column
bia charged with assault on tho President OF the
NJ. Bartlatt-And ho WAS discharged by tho
Chief Justice.
Judge Datchford-Tho first ground is the high
ground that gocs to tho bottom Of the whole
matter. I make the dcoiBion solely with rofer-
enco to the fact that 1t ia crime Of libel, VIII ch
always has been 4 crime triablo by Jury, and
thoro u nothing betore the Court which euggesta
TINT tho caae would DO tried anywhere else than
In tho Police Court
l1r. Dliss-We arc bound to admit that II
would DO triod thero. :; 1859: '...
Judge Blatchford- -Thero is another court In
Washington that can try tho indictment.
Er-Judge shipman.- There is not; Tho trouble
poals preceding acts, but could not repeal tho
Constitution Of tho United States. ::
Judge Dlatchford- ~ regret that tho Court hud
not the benefit Of an argument from tho other
felt bound to givo tfis decision without further
examining or writing an opinion, as tho PROPOSE
tlon Of tho counsel who did argue seemed 80
plain that no consideration or study could bring
mo to another conclusion. q
! After tho prolonged md oft-repeatea applause
with which Judge D1atohfords decision vas
greetodhad aubaded, and tho Court had ad-
}ourned; a number OF wealthy gentlemen frcm
Washington who Lad suffered from tho rapaoity
Dana and thanked him Tor his exposures Of the
public plundorora OF the District OF Columbia.
They rcjoiced in Judge Dlntchford'a decision, ns
they said the only hope Which the people Of tho
| District havo Of shaking OF the grasp OF the
rupt practices by independent journala like the
Sun.