Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1874-08-07

| Ane GhH Ahhs
The profound ignorance in which th
most important laws are passed by Cor
gress is shown by the circumstances Of tn
passage of the gag law at the last session
Mr.. Poland, of Vermont, is a Republca
and lawyer When, therefore, he report
ed bill in regard to the courts OF the Dis
trict Of Columbia, the members natural.
supposed that politically and legally II wa
"all right" and when he said that Their
was doubt whether there was any court ii
the District which had jurisdiction OF Ger
tain classes of crimes and misdemeanors
and this bill was TO reneve that doubt, n,
other explanation was thought necessary
and the House assented to law which, /
is now stated, was drawn by the late Gov
ernor of the District, who has grudgt
against the press, and by his attorney, and
the effect of which is to give local cour
in Washington authority 10 drag accused
| persons before it from any part OF the
country and try them. In the Senate nc
further explanation Of this extraordinary
| bill was offered than the remark of Senator
| Frelinghuysen that ii was very necessary
the bill should pass. The presiding officer
Mr.. Carpenter, must have smiled grimly
rs he put the question and heard no dissent
upon bill which involved the very point
against which Senators Wadleigh, Bayard
and Thurman had so vigorously protested.
1t Is the duty of the press of this country
to procure the repeal OF this gag-law not
only because ii strikes at the newspapers
as sentinels of the public liberty, but be-
cause one such wrong breeds a hundred.
The exact scope of The law is plain. As
the District of Columbia is under the sole
jurisdiction of the United States, every Of
Tense committed there Is held to be an Of
Tense against the United States. The Dis
trict law makes libel a msdemeanor, pun
ishable as criminal Oflense, and the bill
gives the trial of such offenses to the Grim
inal Court of the District, which is given
the same power with other courts of the
United States. 1t is held that the circula-
ton in the District of newspaper
containing an alleged libel is an offense
within the meaning of the law. Suit may
be brought in the Criminal Court, and as
it is, 10y the theory, an offense against the
United States, the alleged offender may be
brought, at the expense of the United
States, ito the District in which the trial is
to be had," and all this is done, and an ed
itor may be brought from San Francisco to
be tried in Washington, by blind little
bill of two little sections: the first provid-
ing that the Criminal Court Of the District
shall have jurisdiction of all crimes and
misdemeanors committed in said District,
ETC.; and the second, that provision thirty
three of section four of the judiciary act
of 1883 shall apply to the courts created by
act OF Congress in the District Of Column
bia.
No newspaper asks for immunity of SLAM
der. If Washington correspondent libels
public man, the law already furnishes
ample protection. But this bill is not lev
eled at the correspondent for punishment
80 much as at the editor and proprietor for
annoyance. Its object Is TO constrain the
freedom OF criticism, and TO compel the
managers of paper TO instruct their cor
respondents not to run the least risk of
bringing on a suit. For TO produce the
annoyance it is not necessary that an actual
hpSi has bteu utleIeu, out only tDat the
charge of one he laid before the Grand Jul
ry. Theroupon the rest may follow, and it
is easy TO see that to avoid the arrest, i'm
prisonment, or bail provided by the law,
and the removal to Washington, a despot-
ic restraint would be imposed upon all crit
icism of public men and measures. The
object of the Poland gag law is precisely
that of the bill which was passed by the
last Tweed Legislature in New York, au-
thorizing Barnard, Cardozo, and MCunn
to pronounce the comments of any paper
upon their performances contempt of court,
and summariy 10 imprison the offenders
And now that the scope of this law has
been fully exposed, and its purpose DEM
onstrated by the action Immediately taken
under it by Mr.. Shepherd, we presume
that Mr.. Poland, who has written a letter
In which, for himself, he disclalins any
hostility TO free press, will take steps TO
procure the necessary notifications of an
odious statute which bears his NAME
Hdipers Weekly.