The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-07-27
The Real I..u. Aner An.

Ex-Judge Comstock has addressed letter
to contemporary critcsing severely the
recent letter of Mr.. O'Conor upon the Court
of Appeals. Mr.. Comstock is man OF high
ability and character. He was the leading
counsel in the application of Mr.. Tweed to
be released from Blackwell Island 1t is not
too much to say that the argument which con-
vinced the Court of Appeals was altogether
due to Mr.. Comstook. Mr.. Constock fears
and Mr.. O'Conor was intended to undermine
the faith of the people in the integrity OF the
Court of Appeals. The letter of Judge
Davis he thinks, presents the unusual spec
tacle of subordinate judge in public rebel
lion against the highest Court of the State
He quotes the opinion of Judge Davis him
self and OF Mr.. Tremain against the justice
of cumulative punishment. The sentence of
Judge Davis he considers as ''unprece-
dented and lawless and he thinks there were
circumstances attending ii that should deprive
the Judge OF forbearance He accuses Judge
Davis virtually of deception, and tells how the
tremendously cumulated sentence of the
prisoner" He knows of no precedent for
such a trial ''since the time when Jeffreys and
Scroggs administered the criminal law of
England" Furthermore he speaks of the
Supreme Court of New York as ga murky at
mosphere charged with electric passion and
vaulting ambition AS to Mr.. OConor, Mr..
Comstock pays the highest tribute to his emil
nent talents and unsullied purity of character,
but at the same time he thinks he is "despotic
and intolerant."
Mr. Comstocks defence of the Court Of Ap-
peals will be questioned by no one who de-
sires to see all proper respect paid to the
constitutional tribunals of this State. The
only response that has been made to the let
ter Of Mr.. OConor is q feeling of regret that
man of his supreme influence and power
should have felt it necessary to attack this
Court of last resort. The effect will be, as it
always happens in misjudged criticisms of
this kind that the Court of Appeals will
be strengthened in the affections of the
people. 1t would be measureless calamity
ii the people of this State were to lose conf
dence in the Court of Appeals or were to re-
gard it as in former times they were I'M
happily compelled to regard our local judicial
tribunals So far, therefore, as Mr.. Com
stock defends the Court of Appeals even from
an antagonist as illustrious as Mr.. O'Conor,
his letter will meet the appreciation of the
people.
But the issue that underlies this contro-
versy should not at the same time be over
looked. Mr.. Comstock is one Of the lawyers
who has received fee for advocating Tweed.
The money he received was stolen from the
treasury of the city of New York. The peo-
pie of this city are compelled to look on and
see man formerly charged with high trusts,
now convicted and we may say confessed
robber, using the money that belongs to the
people to protect himself in the possession of
his ill-gotten gains. 1t is by the use of this
money that he obtains the support of in
tellects as subtle and experienced as those
of George f. Comstock and David Dudley
Field. We have the astonishing principle that
a public officer may rob the treasury and
with impunity use the proceeds Of his robbery
to defy justice. The attack upon the Court
of Appeals by Mr. O'Conor enables Mr..
Comstock to divert the minds Of the people
from the real issue. The real issue in this
case is that it has been impossible to admin
lister Justice upon Tweed and his confederates
The resources of the law have been tested to
the uttermost by the ablest men in the pro-
fession. They are helpless to punish man
whose crimes have not been exceeded in this
century. When we look at the magnitude Of
Tweeds crimes-and when we speak of Tweed
we do not refer to him alone, but to his asso-
ciates also-the violation of public trust, the
wounding of the city's credit, the destruction
of justice, the corruption Of legislation, the
introduction of a false element into society y
when we think of the dishonor that his prac-
tees have brought upon this State and coun-
try we cannot but feel that the extreme
limit of the sentence of Judge Davis would
have been an inadequate punishment. 1t is
no wonder that man as impetuous as Mr..
O'Conor should lose his temper when he
looks at the efforts he has made during the
last four years to bring this man to justice
and his failure in every attempt. He finds
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they have stolen from the treasury. He finds
this money used to bring to their aid advo-
Gates as skilful as Mr. Comstock and Mr..
Field. Whenever q vital point is brought
before the Court he finds, somehow or other,
that this point is decided against him. We
who are disposed to look calmly upon these
transactions may lament this as one of the
misfortunes of justice; but a high-strung
nature like Mr.. O'Conors will naturally
reach to different conclusion where all the
victories are on the side of wrong and where
justice is paralyzed at every step. He may
well believe that there is cause for anger if
not for suspicion.
The METHODS by which the Tammany
Committee proposes to put Mr.. Morrissey and