The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-01-29
The Returning Board Arrests-Let
the Law Take It's Course.


The futtering and squirming of the men,
bers of the notorious Louisiana Returning
Board, their desperate attempts to avoid
arrest and their threats to make damaging
exposures if the government at Washington
does not protect them, evince something
very different from conscious innocence.
Why should they be SO terribly scared il
they are not guilty? In their desperation
they assume two perfectly self-contradict'ry
positions. They asseverate their innocence
in one breath and declare that their at
tempts to escape a trial proceed from
their dread of jury dishonesty
packed to convict them, and in
the next breath they intimate will
ingness to tell all they know and dis
grace their former patrons if they can be
assured of immunity This prefer Of
damaging disclosures is an implied confess
sion of guilt. Why should they demand
immunity as the price of what they can
divulge if their statements would not con-
vict themselves
The pretence that they fear packed jury
does not help them. Be the jury what it
may, their trial will be public. They will
be- defended by able counsel and will pos
sess the right of challenge whichbelongs to
all persons arraigned on criminal charges
Their cases excite such general interest that
the trial will be closely watched by the
whole country and every scrap of
evidence will be reported for publ
cation. If injustice is done them it
will be at once perceived and de-
nounced. If they are convicted against
evidence or on insufficient evidence, Gov
ernor Nichols, who is averse to raking open
old controversies, possesses the pardoning
power, and will not hesitate to exercise it.
They have nothing to fear unless their guilt
is established by proofs which convince the
great body of impartial men who will watch
the trial and weigh the evidence.
Their proffered confessions must not un-
der any circumstances be accepted by the
authorities of Louisiana. If they are such
rascals as their offer implies they would not
scruple to tell any story which would Sc
cure their escape. The prosecuting officers
have no moral right to expose the
reputation of respectable citizens to
the aspersions and inventions Of set
Of knaves who have the double motive of
revenge and safety to tell such string of
lies as they think would please the political
party whose protection they invoke. Let
nothing be spread before the public in this
matter except the sworn testimony of wit
nesses who are subjected to cross-examina-
ton and to the customary legal tests of
credibility.
The prompt refusal Of Attorney General
Devens to sanction the attempt Of the federal
marines totshelter these fugitives in the
Custom House is precisely what might have
been expected. They could not have been
harbored there without fragrant violation
of law. The case was SO plain that the At
torney General did not think it necessary
to consult the President before communi-
eating his decision. As this is the only, it
will doubtless be the last, attempt made by
federal marines or federal soldiers to inter-
fere with the jurisdiction Of q State under
Mr.. Hayes administration. Happily all
that sort of thing has become obsolete. 1t
is alleged that when the troops were with
drawn last spring there was some sort of an
understanding or bargain for the oblivion of
all former offences If there was anything
of the kind it could have related only to
offences merely political. Assuredly it
could not have included crimes against the
law, for that would have been the compound
ing of felony, which would have disgraced
all the parties to it. Even if such COM
Being contrary to law, nobody could be
bound by it. Let justice have its regular
course!