New-York tribune., 1875-08-07

!
MINUTE DETAILS TIE CAUSE OF THE FAILURE OF
! JUSTICE.
| TO the Editor Of The Trtbnnc
SIR: There seems to be some misapprchen-
sion in REGARD 10 the Tweed Casc that is liable to do
mischief ard much has been written III spirit OF par
ssnslp that the thought Of impartial observer may
be Of value on this subject Aay unjust criticism OF
Judge who "a ondeavorng to DO his duty dscourages the
Judge the hand and destroys the confidence OF the
community in all efforts to reform abuses on TIE othcf
The secret the failure OF the law exists in the fact at
in quiet times great offenders escape while the small Try
only suffer- and this ipres>es all that class WIN sense
Of injury and oppression while in times OF excitement
under great prcvocaU on the Indignation OF the people
forces the Courts effort to satisfy not only the law,
but the uopuar camuY and this eeyates TO the dignity
of martyrs those VINO should bc depressed to the level of
loS, and people overlook the real is'e Ill view
f the vrue done 10 the constitution and the laws JUS
tce must be equal well exact Ii Is better tha the
law should bc inactive than unjust In one ease IL Is
sleeping lion and gOcrs will tread lightly lest they
wake IL the other is monster that every instinct OF
Justice and scprcservation seeks Ia crush for cannot
forget that monster which dcstrOyG the guilty may
manglc the innocent
have neyer doubted that the Court of Appeals came
TO the decision Of the Tweed case TO IN unpleasant
duty that they would gladly have avoided. and doubt
not they felt compelled deny the right 70 accumulate
penalties under u single Indictment and trial; and 1t
should be- remembered that what IS legal Illegal as TO
Tweed, il equally as 10 the simplest offender III
seemed that the Court might have refused TweedS
discharge habcas corpus, and required the case TO
he brought up appeal and set If the indictment, and
all the evidence, peadings and proceedings were
before il. and the claim simply that the SEN
fences had been executed so far as II was legal,
and that the part OF under which he was then held was
absolutely void without foundation II hard to see
Why relief might not be granted hahcas corpus IL
went on the assumption of his guilt and the regularity
Ia; ,Vt,-fn butci
force AS if, on conviction Of larceny the Court had
agared five years imprisonment, and ad judged that at
the end that time the prisoner should he drawn ana
quarterc aud the habeas corpus hal been issued at the
end OF the term.
II Tweed could be made to suffer the full penalty upon
each OF the counts, specifying separate sums, why
could not the editor OF TIE THIBCNE be SELL
tenced 10 200 years imprisonment upon an Indictment
for libel on Mr. Shepherd, containing count upon each
article published since lS72 so, too, in regard to the
bill OF particulars ordered by Judge Donohue If the law
gives a clerk charged with Ovcrraits. alleged 10 he
fraudulent from his employer and sued in civil action
right TO bill OF particulars, tand the innocent
and ignorant he was, the lie would suffer for want
OF III, why not Twecd2
Il is idle to talk OF the inability OF the city comply
with the order, for il 10 prove the trial that Tweed
stole particular of money IT can at least specify
beforehand what it thinks he has taken, and If ii can
prove nothing ii IL waste of money, ard one further
step toward destroying all hope for the friends Of REFORM
and strengthening the belief Of roges that they can CON
time their roguery with mpunity. II is equally futile
TO talk the destruction of the vouchers for the
reason and because Tweed to De presumed innocent
tin he proved caused their loss III other
case II they prove that he destroyed the means 10y
which they could furnish the particulars, judge would
order Ii they cannot what door to fraud would
refusal onen The same rule would relic every merchant
whose books proved 10 be missing, by he fault of
the clerk sued, rival clerks. One might well say
the forms law shall be dsre garded because somebody
burned the club with which murder committed.
This much has seemed proper because perpetual mis-
apprehension of the real condition OF things and aprc
hcnsOn that justice must forever fall ana the oulda-
of society be broken tends 10 that very result
In my view the real cause Of all our miSiortunes III
these prosecutions has been neglect or minute details
and trusting thar the courts would use the ioxs skin
where lions proved too short. IL Will hardly be
posed that sympathize with Tweed ial To lament
the Instructions and delays II. not failures in the enSt
to punish his crimes. and To restore To the Treasury the
share in breaking the Ring when IL was unbroken and
apparently rIcfraglbe and when ia cost some hazard
and subjected one 10 some persecution 10 attack it, En-
pcricncc taught that II watclful foresight OF
possible contingency. and preparation To meet it,
Omtng nothing in consequence Of the mpatience OF the
people yet in the expectation that the c"rt of in
the facts in compliance with the law. And therein
| lay the secret of the success of Gov. Iiden, and
others. in conjunction with Messrs. Van Colt,
Parsons, and Stickney. Ii the courts act dis
but II honestly, let not despair because they
PEELED Ia do what our Indignation and impotence would
| wish undOne.
The very reason why law il the palladium OF our lib
critics. Is because il stands barrier against the passions
OF criminals on the hand, and the passions of the
people the other IL alike defends the victim against
the criminal, and the criminal against an angry popu-
lace. WM W. NILES.
Ner-Iork, July 80, 1875.