The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1875-09-17
Democratic Law.


The loss by the people of New
York of six millions of the public
money, which Democratic venality
enabled Tweed to steal, appears tri-
fling when compared with the blow
at civil liberty and the rights of So
ciety which was struck by the New
York,Court of Appeals, in discharg-
ing Tweed on habeas corpus, after
twelve months confinement in the
penitentiary. No citizen, however
illiterate and humble, who has ever
sat in q court room, has failed to
discover the Importance and infiu
ence upon the rights of individuals
of decision made by the highest
court of any state; and that this in
fluence extends into and throughout
all the states and territories of the
land. This is especially true of the
judicial decisions of the state
of New York, which, from the
eminence of its bar, its great COM
mercial importance, and its advanc-
ed position as a reformer in matters
of legal practice, has attained an in
huence and power in the discovery,
Interpretation and application of law
second to no state in the Republic.
Tweed had been discharged by
the ordinary appeal to the Court OF
Errors, the decision would scarcely
have arrested the attention of the
average citizen, since it would have
been an exercise of the power pc
culiar TO that court, of sitting in
judgment upon the decisions of in
feriOr tribunals. But Tweed was
discharged upon habeas corpus, and
whatever one court can lawfully do
upon habes corpus proceedings may
likewise be done by every other
court or judge who has power to is
sue this important writ. The
efficacy of habeas corpus, the ques-
tiOns which may lawfully be de-
termined upon this proceeding, do
not depend upon the rank or grade
of the court in any case, but upon
the nature of the case under investi-
CATION.
1t is determined upon habeas cor
pus that there was irregularity in
the prosecution of Tweed, and that
the sentence exceeded the power of
the court which tried him. If our
probate judge, Mr.. Cunningham,
should be of the same opinion re-
specting q man whom the district
court of this county should sentence
as q malefactor, judge Cunningham
would be authorized to discharge
the convict, because the probate
Judge is clothed with authority to
administer the habeas corpus. This
is law in New York, and it is like
wise law in Kansas to just the ex-
tent to which decision of the high
est court of New York is an author
ity.
The enormous Outrages which
may be perpetrated upon society
under such rule are too obvious to
need pointing out. The people of
they may be; while the people of
the whole nation are not Indifferent
spectators. This decision has reviv-
ed the recollection of the political
combinations by which these judges
were elected to their high official
position; and the papers are dis
cussing whether, after all, the peo-
pie had not better surrender the
system of electing judges by ballot,
in order to escape the dangerous
consequences of political intrigue in
the corruption of the judiciary.
With such examples of virtue be-
fore us, the Democratic.party unfurls
the banner of "pnrity and reform
in politics" and hopes by swallow
ing up the numerous organizations
of political Independents, political
temperance parties, political Grang-
ers, political Catholics, and polite
al impracticables of every descrip-
ton, to triumph over the Republic
can party in the coming general
election. We have no power in pol
itics so able to oppose this stipend
nous scheme, and avert the calami-
tous consequences of Democratic
victory, as the grand old Republi-
can party with its prestiges OF glory
and success in the work of the sal
walton of the country.