New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-07-24

principle sc alarming, full Of real danfsf to ane
rights Of every citizen And TINS Is tns mne On rhd
by appealing 10 The e and distinguished tribunal
chosen by the whole state to hold IN even ~ 70"
sinners saints. The transfer ol the cae ,ioii
with electric passion and vdulting ambition to the
Court OF Appeals. where all Is cainness ana ueDe"
was like translation 10 another world
MR.. o'CoNoR's LETTER.
have less TO say of Mr. OConors letter. Its sharply
cut sentenccs it, pungent paragraphs, and its general
tone of denunciaton be put aside ar Of no account
It, grand purpose assault upon the Court OF Ap-
pcals the grounds OF the attack being rst the de
cscn Of the Court adverse 10 the civil action cohdhce"
by the assaan in the name OF the people % the sta'e
for the recovery moneys alleged TO belong 10 the tax
PAYERS Of the City Of NewYork; aud next the decsoh
OF the habeas corpus of William NJ Tweed adjnos-
ing that all the accumulated sentences imposed by Judge
Davis Mt the trial were void
As have given my time or my Thoughts 10 en
examination Of the first mentioned case II would he pre-
sumption in express my opinion in regard to n
can see that the question crave one, and that s
solution not without It's dillclutles because ,ie
Judges themselves were divided in opinion II was de
cidcd in accordance with the Judgment on tnc couIt
below and accept the decision MS the Law Oh inc hha,
No further observation 10 he called for except to
say TINT have heard many expressions OF professional
opinion and that they happen TO have been uniformly III
accordance with the decision of the Court .,.o,,,,
10 the Tweed habeas corpus case, Is circnnl-
stance of great significance that Dir OCon0F III
upon an opinion that the accumulated punish
neut is
any LEGAL principle. He does. however intend 10 say II
/ correctly understand him. that the crr"f when ne
seems cOncede relnediable by VIII "t efi Oily
proceeding winch womb ies Ill aIe.esa w =, nv :,
ine.ii and trial, and that II was not ienciaDc ~
ali under the writ OF haDeas corpus the successful fosh
OF which was the discharge ot the prisoner mI t a
trial for the oiiensc or ofehsss Oh I'M poI
! must take "A direct issue with MIR O'Gonog. tInk
presented the CHEZ difficulty which the case had Ia en-
counter In the Court Of Appeals and the favorable JUG
lncnt of that Cont was won not only upon Gear primer
pies hut 10y the cila on OF prececelis ht ah"illcs ~
such number ana of such great force mat no conr1 ~
wcb law derenty admin siertd count disregard them
This il question to which Mr OCon0r docs n2l ptccih
to have given special examination. WI take ms
oIniDn with most profound respect aIirr ne il'
made sc examination in the light OF the ,lorilie
with easy reference TO winch VIII cheeru.iy lnlh.u
him Until then II would DE becoming witiloM RS
abuse a hi III tribunal which ~. aaieinH anu IDOiI
/ Ously considered the question AID decide"H'
ACCUMULATED SENTENCES.
In reference 10 the broader question whether the accn-
INFLATED sentences under review sustahahe III ac-
cor auce with the settled rules Of law, Mt Otonor al-
pears to be greatly inccnsed that the Court OF Appeals
should have quoted in support OF the decision MS OWL
brief in prior case and he alleges that the same coif
oyerucd his brief in still another and later case ms
is altogether mistake. In ~ onN portion oi ho "Il
quoted the Court of Appeals was asserted IN sun
81 lncc thai could be tried and pun 'hed "f more
than one crime under one ndicihchl. IN 'ne -
CASE il expressly adJndget that ACCORDING - VI
terms Of n ccr,ain statute only single pel"'T
had actually been incurred To be recovered III siSIc
civil action Judge Grover Ill rrOn0uhtluS iiit IL Ie
nrcesssry to decide whether if several penalties had
been in incurred hey could all be recovered i one
could be- The Judgment The Court in the AERIAL ease
before it having determined that only oI penai MaS
recoverable could the dictum ~ sn@l ludE'
decide that in some other conceivable more IMAM one
could be reeovercdl II scarcely requires law! or 10
! answer plain a question. . ..,
But The want of analogy between civil and criminal
suits Is % striking OhscNaiOn once c-lh
IIsh the principle that under indictment more Than
one onciIse may be- tried and punished anu me sam
I1,e must he carried through the Whole 1cd OF criminal
Jurisprudence You cannot arrest the sweeping in' gee
of Tins pcInciols principle. The administration ~ th
law must 1iin the widest cNtrdNagce, the llt ~
challenge mist be subyeIjed, and ali the sdcgur'.s O.
liberty and life he thrown To the Wns I" ms
irat question the Court of Appeals gave liz patient ana
alo0l,s attention, and its decision rendered uhcgT an
The circumstance and SUrTOuHin or thc case VIII a.
believe. establish more firmly than ever tAe puic con-
ndrrce in the learning the independence ana the up
rirhtucsS OF that high trib-nal.
Ennu.. has been said, | trust. u sho" the WteI
ground ssle~s OF this assault upon that couit ana
have M .L else 10 say nave long known Mt . tonor,
and have long been accustomed 10 think or nm VII an
thc respect which due to eminent talents ana ulSeu
rarity of character His best friends, among whom
WISH rechOncd. must deeply regret The step r. ms
taken Most profoundly do regret II. But remember
that The greatest Ot> of men have sometimes great
fau; Ii Nj OConOr has such, they are only tie spots
OH the shining orb o. tle III might venture "olu
further / should say .
Alas, win all his admirable qualities he is despoic
and tnlsIant. Woe to the uckless wight who stas ia
his way. Woe 10 The judges who presume TO dcc.dt
against him IN case winch ne las nui,rt ana upon
which he has bestowed his Jtectioaato regard
NlyGcusc. July -. 1873. GEO. 1. COMsTOCK.