The New York herald., 1875-07-19
Tho rruo Position Of Tweed.


David Dudley Field is afraid that if it were
not prohibited by the constitution there would
be bill of attainder against Tweed Mr..
Fields argument is that the epubhc excitement
ran so high in New York after the discovery
of the Tammany frauds that his client would
not receive justice Mr.. Field does not state
the case properly. Tweed was never in dan
ger from any excess of public clamor. He
always had behind him a large party. He
was elected to the State Senate after the ex-
posure OF his crimes. He had money enough
to engage eminent counsel-in addition to
what he paid to leeches and blackmailers. He
was powerful enough to defy Governor Dix
and Mayor Havemeyer and render his impris-
onment a nominal one. He has broken
through the bars of one prison, and from the
decision of Judge Donohue it looks as if he
would break through the bars of another.
When one court did not suit him he went to
another, sure at last to find some minion of
Judge who would obey him. When one in
trepid magistrate, three years ago, committed
him without bail to answer for his crimes. he
had another around the corner to release him
on nominal bail. His progress through the
courts has been triumph. He has demon
strated the suggestive fact that for stealers of
hams and gas pipe there are twenty years
Imprisonment, while for the stealers of mill
ions there is only nominal punishment.
There was never any fear of "bill of at
tainder.' Public opinion has never been
harsh toward Tweed. He would have had
ample mercy had he sought it. He had mill
ions of the peoples money and he has the
money still. He had only to restore what he
had stolen to establish fair claim to mercy.
He was an old man and had welded immense
power. No one wished to be cruel toward
him. The fall of one who had been so high
was in itself punishment not to be lightly
considered Instead of restitution Tweed re-
solved on defiance. The money he stole,
through his Garveys and Ingersolls, he in
tended to keep. He has kept it, with the OK
cepiion Of the half million paid to leeches,
blac1mailers and lawyers. In this defiance
of the law and of public opinion he is fortu-
nate enough TO win the aid OF the highest men
in the land The "bil of attainder" is not
against Tweed, but against public justice.
| This is the painful aspect of the Tweed
case. Here we have a confessed and con-
victed criminal defying the law by the very
| assistance of his crime. He robs th treasury
and uses the money to protect himself This
is the pass to which justice has come in New
York. The Tweed frauds were possible un-
der honest administrations. There is
no government so wise and prudent but
! it may |. robbed. But when the robbery is
discovered, and the money is found on the
persons of the thieves, the natural course of
the law is to put it in safe keeping, and in time
restore IT to its owners 1t is against reason
that the thieves should be allowed to retain
their stolen money, and pay it out to lawyers
and leeches and blackmailers to protect them
selves. Once let that be an admitted princi-
pie and oil on expert gang of burglars need
! to do IS to force the Sub-Treasury or the
Safe Deposit Company, aud, spending lib
eral share of the plumber for lawyers, take
their chances with the courts. This is what
! Tweed has done and what he is doing now
lie de6es Justice by the aid OF the public
money His confederates do the same thing
Who has seen dollar of the money Of Garvey
or Ingersoll? How much has Fields returned?
! 1t is possible, as the law is now administered,
/ for men III power to take millions, and to
keep Them. That is the painful fact in the
whole Tweed case. 1t is not "bills OF at-
tainder' that Tweed has to fear. Ho is the
victor in the contest and it looks as If he
would leave the field victor, carrying with him
every dollar of his plunder, excent the half
million paid for immunity.