New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-06-16
TIE CASE or TUEED.

The decision OF the Court of Appeals, unan
mously pronouncing against the legality OF
Twecd's continued Imprisonment, on the ground
that having been tried on only one indictment
he could Ike sentenced only for a single term,
was not generally anticipated by the public.
The action of Judge Davis had been sustained
on review in other courts, and there was an
unwillingness to believe that the law provided
no greater punishment for the enormous Oilense
of which Tweed had been guilty than year
in the penitentiary and single small
fine. But there is 10 doubt that some of the
abest lawyers who have given study to this
case were fully prepared for the unfortunate
issue that has just been reached. The pros
pect of it was one of the causes which made
Mr.. .O'ConOr and the Governor so earnest in
pressing for additional remedial Legislation
last Winter and it was freely mentioned az
reason why a change ought 10 be made i'll the
Office of the Corporation Counsel. Mr. OCOnOr
also, in writing recently of the Tweed in
dictment, justified its 'monster proportions"
by the peculiar defects of the law under
which the counsel for the people were com
PEELED to proceed. We car almost imagine
that he must have forecast the opinion of
Judge Allen, who says, i'll delivering the
opinion of the Court of Appeals " The in
"dlctment in this case is an anomaly, and is
"probably without precedent, but it may have
"been justified by peculiar circumstances Of
" the case"
We have called the result of this appeal
misfortune, and such undoubtedly in some
respects it is but there are also many grave
reasons why we should regard it with the
liyelest satisfaction. AS Judge Allen well
saws, "neither the cause of justice nor of true
"reform can he advanced by illegal and void
"acts or doubtful experiments by courts of
"justice in any form or TO any extent The
conviction of Tweed was obtained after
extraordinary efforts, when the honest
citizens of New-York had almost lost hope
of Justice and confidence i'll juries.
Public feeling was greatly aroused, and
the severe sentence imposed by Judge Davis
was applauded as beftting vindication of the
long outraged majesty of the law. Yet ii must
be evident now that the principle of cumula-
tive sentences involved dangerous precedent
which, in times of popular excitement, an I'M
scrupulous or impulSive judge might push to
disastrous consequences. Better far that Tweed
and all the Ring should 20 unpublished than
individual liberty should be put in peril, and
the discretion of the magistrate substituted for
the plain letter of the statute.
SO far as Tweed himself is concerned, there
is perhaps less reason to lament the issue of
the case than might at first sight be supposed.
His discharge from the penitentiary does not
imply his restoration to freedom. He will be
rearrested on civil process before he leaves the
Island, and as there is not the slightest prob
ability of his obtaining the $3,O00,O0O bail
that will be demanded, he must go to Jail to
await the suits of the State for the recovery of
the stolen money. There are other indictments
against him which perhaps may still be
tried. After ALL though release from the deg
radiation of Blackwel's Island is great boon
for the wretched old man, the prospect of lib
erty and ease is a long way off. For the pres
ent at any rate he merely steps from one cell