The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1874-12-15
Our New York Letter.
The first week of Congress-Not prom
ising OufloOk-Mr. Phelps attempt 20
repeal the so-calIed "Gag Law''-Tbe
attack ON Senator ConkIiug-Negisct of
needed Legis Iation.
NEW YORK Dec 13- 1874.

The Executive branch Of the government
started off admirably. The message was sound,
sensible, and statesmanlike. Its recommenda-
tions in respect of finance, indicate that the
President has been steadily growing in the
study and comprehension of the principles of
political economy, The reports of the DEPART
ments were all good; that of the Treasury of
unusual excellence. But the doings of the
House do not afford any evidence that the
members have learned wisdom by the lessons
of tie elections.
If there is any representative in the body
who might have been expected to look with
scorn upon tie arts of the demagogue, it is
VIM. Walter Phelps. He is gentleman of so
much culture and of such high character,
that he not only can afford TO be manly and in-
DEPENDENT but one would suppose it foreign to
his nature to be otherwise. Nevertheless, he
greved his real friends by an exhibition of
sympathy with one of the most pitiful speci
mems of cant and drivel which has disgraced
even these times of triviality and twaddle, The
pretence that the little amendment to the Grim
inal code of the District of Columbia passed
near the close Of the last session, had any
special application to, or was in the slightest
/
is in itself 'gae" of the most ridiculous sort
A disreputable journal adopted this inane
cry, and has continually croaked about il ever
since. Possibly its once chronic and fiagrant
infractions Of the law of libel, may have in
spired it with terror of any statute looking to
punishment of crime. Bn. in this instance,
there was not the smallest ground for its appre-
henson. 1t has pursued its slanderous aud
mendacous course, with unchalenged impu-
nifty, and furnishes in every issue the most con-
vincing proof thai there is no law to bride the
lcentious voice of as defiant villifier of
blameless men, as ever poisoned the moral at
mospheTe of any community. Yet at the bid
ding of such an oracle, the member from New
Jersey, the state represented in the senate by
Mr.. FrelinghuyseD, who reported the bill and
has already lucidly explained its object and
clearly shown that the allegation of its being
gas law is utterly unfounded, makes haste on
the first day of the re.assembling of Congress
to adopt the false Interpretation given to the
law, and to urge its modification iu such way
as 10 lend the apparent sanction aud approval
of Congress to the practice of injiscriminate
and wanton calumniation of public men.
Come what may enact what statutes you
please, there will still be an incuIable propeu-
sity on the part of unscrupulous and disappon:-
ed publicists TO outrage the propreties of lille
by base fabrications derogatory to persons
against whom they have spite. That evil
will last until a healthy public sentiment
makes such lying Improbable. But when
these assassins Of reputation have the effront-
cry to menace the national legislature, and de-
mand, not merely that no penalties shall be Wis.,
tied upon them, but that they shall be exempt
ed by special enactment from liabilities which
attach to all other classes, it is painful to see
slng,e instance of yieldinS to so mpudent
summons.
Clever as he undeniably is, Mr. Phelps has
made mistake in this matter. A little ham
less buncombe might be pardoned 10 a new and
young member, though the people are very apt
to see through such things. Bat to take Issue
with the experienced able and upright senator
of his own state, and gentleman learned in
the law, as to the meaning and intent OF bill
that bears upou its face the construction which
that senator puts upon it, and which simply
provides for the District of Columbia the same
code which already exists wherever federal ju-
risdicton extends, evinces more OF hardihood
than of wisdom. The movement will serve for
an ephemeral sensation, and the mover will
enjoy the dubious panegyrcs Of a certain class
of newspapers for season, but the law will
stand, ard the ridiculous criticisms which have
been passed upon it will die away without
leaving an echo. Anybody who has read the
very proper amendment of nine lines, con-
cerning which all this blatter has filled the air,
will find fresh cause for amazement hat an at
tempt should be made to impose upon popular
credulity by SO gross Misrepresentation of the
purpose of an entirely unexceptionab.e meas
ure.
Mr.. Beck of Kentucky introduced bill pro-
hibiting members of Congress from acting as
COUNSEL in cases in which the government was
a party in interest. 1t is not creditabe to that
body that there should be any ecessity for
such an interdiction. A sense of propriety
ought to restrain members from accepting re-
tainers where the matters of controversy can
by any possibility come up for consideration
before any of the departments or be the sub
ject of legislative vote. But Mr.. Beck violated
parliamentary decorum, by introducing the
name of senator who had acted as consel for
the N. Y. Central r. r. in a prosecution to re-
cover tax, which that corporation claimed to
have been illegally assessed by the commits
sioner of internal revenue. Besides being in
exceedingly bad taste, Mr. Beck's remarks
were obnoxious to censure because they con-
veyed the insinuation that the senator in ques-
tion had not scrupulously observed the dis
tinction between his duties as a legislator and
his rights as lawyer. He may have erred
through ignorance of the facts. but that is not
L.. fo,e rlx..1 hrao haf
privilege The truth of the matter is, that the
seDator named declined peremptor;ly to appear
in the case, until it had passed beyond the
revenue department, beyond congressional
action, aud had become purely a suit at law,
dependent upon judicial decision. At this
point, the application for his services having
been renewed, the plaintiff being corpora
tion of his own state, its shareholders mainly
his own constituents and the contest one as to
the legality Of tax already imposed and paid
under protest, his senatorial position having no
relation whatever to the litigation, he argued
the cause for his client, and obtained verdict.
There was not the slightest impropriety in his
acting as he did under these circumstances.
His course throughout was marked by a high
sense of honor and rectitude.
NO perSuaSlOns COulC luuuce nlm 10 ehter tue
lists, while any branch of the government had
the disposal of the controversy. He would not
take a position which could subject him to the
slightest suspicion of using cfficial influence to
effect settlement. But when the dispute re-
solved itself into naked question of law, and
was determinable upon the recognized princ-
pies of Jurisprudence when the right was to be
weighed in the scales of justice, the most in
veterate casuist would find it difficult to dis
cover reasonable objection to his retention as
an advocate.
Entirely different is the case of Geo. Butler
who acts now as the attorney of the informer,
and anon in behalf of the parties informed
against, in revenue cases which are finally to
be settled by the Secretary of the Treasury.
There the opportunities for the exercise OF lin
fluence'' are likely to be frequent, and MEM
Der of Congress ought to refuse from feeling
of self-respect to accept retaining fee on
| either side. 1t is misfortune that any Ie-
| 90 he nF