The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1877-12-11

to prove that the governor OF South Caro-.
lima and the courts cannot consider Senator
Patterson as criminal and fugitive from
justice, although the whole state does
so consider him, audit is coolly maintained
that the fact that he is senator is incon-
slstent with his being fugitive, although
everybody knows that he is both. Patter-
sons official position should merely consti-
tute a strong presumption against his
being criminal and fugitive, but the
judge considers it SO powerful a pre-
sumption that he insists upon it against
admitted facts. The absurdity of his
argument is made manifest by supposing
the senator to be charged with murder.
In that case Judge Humphreys would
have to maintain that he was exempt from
arrest in the District of Columbia on
requisition from the governor of South
carolina because that commonwealth had
commissioned him as a senator and that
he was at the capital attending to bis
duties. Ifhe was there as a legislator the
judge would refuse to inquire whether he
was a fugitive murderer. Such labored
sophistry cannot mislead us if we consider
that person is virtually fugitive from
Justice who, formally charged with crime
4
turn and submit to trial The
Judge felt the weakness Of his
position and therefore endesvored
to transform the issue from aquestion con-
corning the extradition of criminal into a
question of politics. He chose to treat the
indictment and the requisition as a party
! prosecutions; talked Of the cruel tyranny
that used the forms of civil proceedings to
Cypress in the spirit of snmity; inveighed
against the power of the States; proclaimed
as matter of which he was bound to take
! cognizance the hatred between the North
, and the South; assumed that the authori
ties of South Carolina we're dishonest II
their demand for Patterson and were inca
pable of granting him fair trial. We
, think such utterances as the following, il
the connection in which they were deliv-
cred, among the most extraordinary eYel
heard from the bench:
II think am bound to take judicial cognizancC
that party organization is thing and faction u
d stroy Is another The mosl cruel tyranny would
be the application of the civil forms OF law to thu
dominance and triumph OF the passions of faction
cannot reconcile Ii TO my St nse OF duty TO CIV
aid In placing mAnacles and handouts around ant
about the individual citizen for the purpose OF sur
rendering him bound into the hands of those WIFI
may not be dlspassionate enough to vindicare tn
true right of the in ividual, to those who nigh
be led by imprisoned appeals to q condition o
mind that could not resist Trial for the correction
of wrong has often led to the conviction of III
innocent. 1t is the duty of courts to sit STILL de
liherate, and with civil procedure throw their pre-
lection In such direction as may curb and cOntrC
maynard action. "
This cool dismissal of the sworn testi
r mony against Patterson and this unauthor
j lied condemnation of the authorities o
South Carolina, that a preteXt may b.
found for shielding knavish pOlitica
: partisan, are a disgrace to the judiciary
1t is tantamount to letting the criminal G,
! free without trial because the chief amon
his accusers are democrats and he is a re
publican. During the debate on the ad
mission of Butler to the senate, when Pat
e terson was out of favor with his party,
o was said that scheme was on foot to hav
s Judge Humphreys surrender him to Gov
d ernOr Hampton, 10 order that republica
d supremacy might be insured by his al
e sence. From the tone of this decision
It does not seem impossible that such
J. scheme was considered feasible. For th
e Judge who has set Patterson free on polit
e cal grounds, since his assistance is no
e essential to his party, might have remande
. him to trial in South Carolina 10 the sam
Y good cause. As the matter stands the RI
II publi3aDs control the senate by the vote {
If one man, kept in their ranks and out {
e prison, preserved to them by a judicial d.
e cision delivered on avowedly partisa
lie grounds. N y World,