New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-08
THE CHANDLER-B UELL LIBEL SUIT

TIE wAsHIH6rOS Theory Oh CONSTRUCTIVE PUB
LcArIoN-AN USE9uAL coNrE5r-.lS AppEAL
by MR. BUELL. FOR JUSTICE AND PAIR PLY
To the razor Of The Trtounc
SIR: The public manifcssly had right TO
assume when read the recent decision OF Judgr Dr.
Ion OF the United States Circuit Court mere taat tho
last had been heard OF bei sut Of Senator
Chandler AGAINST ms self readily undeTstaa m that
tho reading public were long ago weary OF seea IRIS
matter yspIpers, and that al dresnt people
drvoutiy wsh-l that the sHOject might not again 10
forced upon their attention. FJr my par, I'm
heartily disguised with the thn-, and the peculiar
nororiety it forres upon long became rksome
the last degree earnestly hoped therefore, that the
late deeIs.on of Judge Dillon. affirming thas u
District Judge Treat. dr,ehargtng me from ems
tody, would terminate the y,Dgefit proceedings of
Attorney General Williams and Senator Chandler
against ne, and relieve from both the anxiety aBd
annoyance incident toa constant attitude OF defense,
and the monotonous aud disassful celebrity which
avodaby attaches 10 the position Of defendant In
case III which OF such hi.h position aDd great c
ci, and personal power AMI ipience appear as prose-
cu,ors 1t ha, always seemed 10 me taat the celebrity
this has forced upon me was analogous to the I'M
mortality Of the classical crab which appi ii his pincers
to the heel of Hercules and, howtvr dcghfu tbs at
tainmenG OF national fame may he to me or to any
young man OF my tastes and Aspirations per Sc. must
LAY that would prefer my native o9seurisy TO that
notorety which has resulted from tie fact that
Senator Chandler And the Attorney-G neral have
chosen to make me the OBJECT or their cnmd-
lative vengefaIaess and mIlignity. have iniugcd In
this display Of preliminary ego ism AS 'he Fouhder
Oi THE TRIBUNE used 70 say, by of apology for
again troubling tho read OF TIg TRIBUNE, which Is
another phrase for the reading putic OF tne nation,
with the WORKOUT topc OF the Chandler hhel ease The
provocalion by which am moved TO trepiss upoa
your space and the patience OF your readers Is te ies
that mpacabe, and, apparently, to all cctaes OF
dcceucy iDsensi0e, enlisted in my prosecution OF
persecution. have now gone 10 work 70 Gnd new ID
ctn sad TO compel again tn undergo the te'iius.
vexaoas, and repulsiye ordeal iIom which have Just
emerged after more than year OF nearly constant
litigation ard trouble.
II nothing bat personal convenience or SAFETY
were involved IN this affair." II my posOn were merely
that OF criminal seeking 20 eyadc or escape the con-
sequences Of o,nse against tae Acknowledged AMI
sanitary Ia of the hand. wOnld not nave the assir
ance to ask the inugenc OF he irn& through
the columns OF TIE TEIBUSE the sympathy OF tae
people nv fpllow-cisizeus. such. however IL not my
position On the other hand am being invountaFhy
made the subject or u prOtracted ana p1nlGi legai
clinic, 10 speak. which IL INTENDED not onD 70
muiilate and destroy me- but 10 establish
a system OF special surgery for the torture
Of the entire guild TO which l belong.
The first and foremost object OF the who are ro
lowing my trnek with n pertnacity that must cause
them suuersede the traditional Spanish Dioodhound
as synonym for implacability IN the pursuit OF
hunted yictim IL to establish precedent Ia
law that viii bring the press OF tie e'an.
try under the jurisdiction Of the salseryiens
courts OF the District Of Columbia; IN other
words these desperate aud ruined men hove. ny getting
lp Oh my neck 20 press the throat OF hat hated
institution to whose agercy they trace all their own
woes--che Independent press 10 tbs END taey arc
bcncing all the powers Of the Department OK
Justice OF the United States. To TINS end he' are EN-
ployIng the fnnds appropriated by the representatives,
of the people 10 deray the expenses OF just proceedings
against those who break tho lava. In short they arc
peryertng the oicial powers aud rae pcclniary re-
sources placed In their hands b. the people 70 suoserve
the ends iusice TO the base cowariy. ana infamous
purpose Of wreakins revonges OF their own. The
! r.sut IL that l find myself. s'nge-halied
! and practically re3ourcecss, confronted by tao
power OF the United States Government backed
NV the resources OF ire United states Ireas
ury and these enormous forces dect'd by the hands
9nt wils OF men who. IN hundred nsaDers, nave te
tacd 10y word and act shat they spl; upon the r-hts
cItzers and uut the dictates OF decercy ia
The conduct vi public affairs. aeed boz explain why
contest ny ground separately and 81 perlacioasJ.
snioe il to say that DO 80, not al all because fear the
issue fair tal before an honest jury aud an uprsns
have thus far boon able to hold my own against the
forces that have been cveicd ut me- through the Lna
Offices OF cmirent legal gentlemen VINO nave VoupeereI
in my defense and through tie hlg sense OF JGiieAi
! hon0r and duiy which has mpehed judges treat ana
Dillon To mlerpOse Their power .NI "utLot.D, ~
tween me- the rcpr sentative Of TIE rgbt' ot ING
! am he
cowardIy men who have aV1ica tnense.se' oi ,nS's
immense odds 10 aSSal me but even these resources
NAV he finally exhausted. The present eHOrt 10 p0ru"
a new Indictment VIII undoubtedly succeed. and IN
advised that Ii be drawn end NOrded Us 10 leave
~ Judges Treat and Dillon 10 alternative out 10 Ora'r
my removal 10 Washington or to take the ver} GO
| re,ponsibiity II establishing the new and unprece
dentsl Issa. s RUE 1al o ,osrV rnsy inr to ~
tcct the cItizeus against the abuses OF taos IN pose
That eminent and spotess JUICES wiz Eo L" n'
! uttermO>t possible bounGs OF Their judicial po@er'
10 warL the ii signs OF tAr e0sp,,'tdEs at ash1 "a
is not doubted here ~ anybody Bat "Eether thes VII
go To the extreme Of ruling. and stake fheir reno
tatIoils upon the establishment 81 new principle thAs
shall overthrow the old English doctrines or whci ths
liel law in force IN he District o. Couul3. II base
remains 10 be seen Tncy themselves are reteeht %,
ths p.tDt ana will not Indicate what thrr bcl0n VIII
be IA such "a {. niGgency Il, nave ret iOrtD i4c basb
Of tue new indictment is the doctrine Shat II one wfin'
l aud sends II 10 paper a distance, anu u COW
OF mat paper eont.ining the silese9 h'Si s'-
Cat fact 5 all be held constructive =" m0.
.ation of the ibel by the writer IN the strict, ia
maucr whether the writer had any legal eouu,etIoa
with the PUBLISHING OF The paper at III pac. o p9oS-
Northumberland Williams am advised by the law
officers Department IN ts city, THAI TIE IIg %
special teesram III 'ne nnnIct,or IN ,ns
Di,ric,. Upon Two doctrines am TO oe rfndet.
ana unless / surrender at discretion from sheer &
Isiou Of defensive sHll he Compelled -
contest through all the courts OF the United states tno
Two principles which OF ~ much Importance 20 mo
prrss ana the public Ishs Ia compelled 10 detehd up"a
the w untary aid VI men He h0uIsohiels d., Gu h
C1 Brodbeai, have stood by me thus Iar Dat ~no
cam hardly afford 10 wage eternal and unremunera
I'VE resistance bcGaf against the Resources OF no
United STA ties The prosecution wiz ha'S
tue Treasury VI tue United states to draw on. smp
nil that there an element Of unIarness ana preva
pce of oyerw helmng odds In such contest thAt oVxs
TO excite the sympathy OF ever, man whose ino'"'
| FAIR Play" , .....,.,,,.
| Judge Dillon declared, In his able ana exaaust'c,
oniuiou delivered last Monday. that the doctlnr .,
constructive" crime obsolete III ootn fIssb aaa
American law. Audit The new indie ment now 10
OF procurauon against me shou1 pe 50 as ,nrs as.
| unon its FACE, 10 shJrd Judge DlIot an opports-
| nifty of raising tas question asalnss u i 80.
cencv 1t would summariy meet me ias Oh i's pres
rrssor nj hs hunSs Bat II II be drawn WIN sehrfa
ayerment OF publication IN the District mercy $50