Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1875-07-23
The Recent Decision In rweed's Ease "'"A' n
.h,o pe,iew ,f II by charles O'uO1or-

=; a.. BENEDICT. Editor.
,r,,,,s--Sa.Oo a yesr. always i'm ""'A
------
The Recent Decision In rweed's Ease "e
.blc Review Of 1t BY charles O'UoHor'
The recent order for the release 81 boss
Tweed. by the New York Court oil Appears
laid down principle Of considerable I'M,
.,.,are. = criminals in that State, as well
as 10 Judges and officers Of Justice A"eeu'
:, vii he remembered. was accused oil hity-
o,e ri.iemeanors in as many separate
.orots of oue and the same indictment lie
.-,.a for Them all at once and convicted
of them all before Judge Noah DAVIS VINO
rr,nounced several successive or acculu-
ia,;rs sentences against him for these Oh
c.,,e.s Amounting in The whole to Twelve
-;..,.,;-.n,nent in the New York Penl-
tent,ary. with fines amounting TO Sl2'''V
Fra .inyle fence Of this sort the utmost
npni>bmeat allowed by law Is one years
imnri-.pmer.t and q fine Of $3.50. Tweed
spent a year in prison, paid to the proper
receiver $3.50. and then sued out VIII oil
h,bca- CORPUS for his own discharge Ai'er
d.ci.i,p. AGAINST him in the subordinate
,riI,r,al- hi. case came before the Court oil
Appssl, which decided that Judge DAVIS eA-
cseaed he authority in prunounciug cuh1-
lo.ir. -sutcuce. and held that there must be
a .cpa.ate trial for each separate ohence IN
or3er ?, .ecure punishment of an tendei
for ..,eral # nee jade DAVIS h"S NOT
res-c1 Wy, Quiet, anier the rebuke implied
:, th;. 5eei-lon Ae La, addressed icrt'r
~ ch,-le- O-C.u ,r. calling his attention 10
tho f.,ttt-.rsc Court Of Appeals iai'ed 90
fo5 lazy authority f.r its decision except
In .a ARGUMENT made by Mr. O'Conor
SOM. years sgo, in ease before that Conr'
Heads:
p.r.r...,......... ......., sentence IL THAI case
-,r.t,r... ...,e,l a most elaborate ana
r.,l t,.,.iti.t.i...i. aid ! ialled. as the
t..rr..f R...,-t!- haye 'ai,d, % had IN TIE
tk-.. -.-....,. i..,, .cisl ct elementary auth"i
,t, ad.cr-s TO tie conclusion l reached
,bt. numerous authoTItle. OF both kinds
.,.s..tt,it,.- rl.it conclusion. all oil which lhe
,r.rrf OF Appeals have di>resarded. were
iouud ana carefully examined.
tau-iders.s yDuT relations t. the prose,
cntI.t,i Tweed tor hi frauds ana crimes 1
cannot help thinking that. 1t "a' your
dur, a-a lawyer and a ciuzen, u You th'h
entertained the opinion Whlch me '""It
mn ..,k, To- attribute 10 YOU. to have pat
mt, nv hands when the subject "aS long
und.r consideration the argument 10y when
the Cnur; OF Appeals endeav0Fs toluaIliS us
decision.
Mr.. O'Conir replies IN a long and ea4fac-
teristicaily ica.is>s letter, which j. severe
arraignmcnt oi tie Court Of Appeals. He
calls der decision triumph OF the peeu-
lators lie declares that Tweed, either
in .oNn poison or through representa-
rye ha- thrice bearded public justice N
that high uibunal whose voice l. law, and
on each occasion, has received the award
that. a. against him OF his, the weapons de-
yised ty the peoples advocates were VAIN
and burtIe,s" lie admits that he once en-
ployea the argument before tuAt tribunal
which II quotes and prouounccs "uran-
swerab,e - hut he shows HAT IN sub-e-
ouent case. la which the >ame Argument
WAS brought 20 the notice OF the Court uf
Appeal. il pronounced this argument Iuyal-
id. and established the contrary principle
A. the iaw OF the State. Whatever intrinsic
force there may have been in The argument.
Mr.. O'Conor maintains that Judge DAVIS
was compelled to disregard it, after It lad
been solemul3 rejected by the court of last
resort. BY whose decisions all the inferior
tribunals are bound. lie thinks IL rdle--
lous for them 10 pronounce one OF his pos
tions "unan>wcrabIe' alter they had SOL
EMMY aiiudicated it to be untenab.e "
any rate. Judge Davis was constrained -
follow their authority rather than the rca-
sonins Of Mr.. O'Cunor. which they had Pc
lberately rejected a. unsound Mr. o Couor
not only impusns the sub-tance OF their
decision. but objects 10 It's form, which IL
nit, the penalty without reyoking the
judgment. and thereby protects Tweed
against present. anu future liability 10 q
separate trial and penalty Tor each Of the
offences Tweed, as the matter Is left. be
SAYS. can plead his former conviction IL har
ofprose,ation tur any Of his fifty unpun-
ished dc'irqueneies Some Of the possible
consequerc,~ OF the decision are alluded to
as follows
This decision traws after it many serious
inconvenience Some Of them may be
gdyertod t.. Il there was no Jurisdiction
to adjudce against him confinement beyond
the term of one year. the detention OF Tweed
in the penitent'ary during the last i've or
six months was altogether un!awlel. 4
civil action in tort will lie against every one
concerned in II for such damages, remuncr-
alive or vind!ctiye. as a jury o! twelve lnen
may see lit to award in the exercise OF their
unlimited discretion In this predcament
are included the warden OF the penitentiary
yourself THE Judge). the clerk OF the
court, the counsel who moved fur the SEN
tence and many others. Indictments
would ne and each OF these persons might
be put 10 an appeal for executive clemency
a. hi- only rc.iet from a doom 10 the uccp-
pancy OF Tweed : vacant cell in the peniter-
tary Another circumstance deserves up-
tice. Alter the toll wear had elapsed our
venerable Governor DIX, indignant at the
iavortl>m winch screened Tweed from the
punitory treatment Cealt out 10 common
offenders, TOOK measures to compel more
Rigorous course The sharp rebuke cor
tanned in his letter Of November last viii be
remembered. Thus II may appear that be
also brought himself under the lash Of that
law now announced by the court OF APP
peals.
Mr.. O'Conor furthermore hints at i'm
parchment, a remedy for this state of
things and adds significantly:
Unanimity in seeking remedy should |
lveyail. Neither the pecuniary interests of
O1s citizens nor the honor of our state can |
ne e'emed safe a. matters stand. But we
no" have an executive opposed to pecula- |
ton. ana IN November an entirely new
iegisiatrre Is 10 be elected What Is yet |
unstolen IN he hands of the people may he |
preserved to iecm If they will act promptly |
ana einpl' ' Tor heir own rescue the means I
which ere IN theiI hands.
This letter makes no little stir in the .
State of New York and can hardly fail to
have its Influence on the fall elections
BOURBON ECoNoHY.-While the Demo
cratic newspapers are still squi1ming over
tie unpleasant fact that Governor Tilden
has taken up has residence in New Jersey
for the summer, they are made vet more
uncomfortable By reading that bill has
been iavorably reported to the Connecticut
Legislature TO double the salary of the
Governor OF hat quiet little Common
wealth. vi course the Governor Is Dem
ocrat, ana the Legislature Is Democratic
also. The State Is a Bourbon Stronghold
governed by the old pro-slaverv policy of
Senator Eaton and the Hartford inns and
worshlpping dead and stuffed Andrew
jackson that Is gross carieature on the
living man. Admirers of these pec,lis~
doctrines can row have iull opportunity
OF Judging the genuiueness of Democrstic
professions OF economy. Out of puwer
tneY would never increase the pay Of
President or other public official. In nower
they do not hesitate to double the salary If
0overnor,or any other man ". Y. Com.
merciGi AdrytScr
That is hoT We find them up this way
DEATH OF LADY JANE FRANKLIN A o.
dasra fph -