The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1878-11-29
AN HONEST SrDGE DEFYs MS rRAuDU.
LENCY.

| Di5tEAVt uHaSo vi AHulAlht anu IL now
holding hi1 Court in indianapolis
Tho other day tho foreman Of Che
Grand Jury came into court and in.
formed the Judge that, in the oxamina
ton Of the case Of Carew Miller, foi
embezzling none, from the First Ma.
tional Bank Of indianapolis, the jury
had been informed by the United
States District Attorney thrt Mr..
Hayes, NJ President, had instructed
that officer not to prosecute Miller.
They therefore wished the Court to in.
form them what to do in the case. With
exemplary candor and NIL the indignn.
ton which tho extraordinary conduct
Of tho unworthy man who sits az Presi.
dent could arouse in his breast, Judge
Gresham thus charged the jury with
their duty in the investigation Of the
crime of which Miller is accused:
"When you were cmpanelled nj the
beginning Of the term you swore that
you would diligently inquire and true
prescntmeut make Of such matters aa
should be given you in charge, OF
might otherwise como TO your knowl-
edge, touching violations Of the Grim
inal statutes of the United States; that
you would present no one through envy,
hatred or malice; and that You would
leave no one unpresentei through fear,
affection, or reward, or the hope there
of. You could not, if You would, es-
cape the obligation Of this oath by
needing instructions of the President
In this particular case, the President
may, If he feels 10 inclined, interfere,
even in advance Of indictment, by exer-
cising tho pardoning power. In no
other way has he the slightest authori-
ty to control your action. Ito has ii
in his power 10 pardon tho alleged Of
fender, and unless he is willing to take
this responsibility hc has no more
right TO control your action than has
the Car Of Russia. II you believe
the Presidents instructions 10 the Dis
trict Attorney were intended to prevent
you from making the fullest cxamina-
tion into the matter before you, and
from returning an indictment against
the accused IL the evidence should war
rant it, you should feel inspired by an
additional determination to do your
duty. The moment the Executive is
allowed 10 control the action Of Courts
in the administration Of criminal Justice,
our independence is gone"
Judge Gresham added "It il due
to the President to say that the Court
does not believe he has any desire to
cncroaeh upon the Judiciary, or that
he contemplated any unwarranted in.
reference by his instructions to the
District Attorney" This, Of course.
must be taken in the appropriate sense.
The Court certainly did not intend TO
convey the impression that the District
Attorney had falsely informed the
Grand Jury as 70 Hayes interference
with tho sworn duty Of that office,
but rather To express astonishment
that tho ostensible head of the Gov
ernment could so Ear forget that high
office as TO undertake to tampcr with
the Court AMI obatruct tho ways Of JUS
ticc. The noble rcbuke which the
Judge gave the Fraud who aita in the
Executive Chair will find hearty re-
sponsive echo throughout tho land.
Mr.. Hayes cannottriilc oriutcrfere with
the United States District Court in
Indiana, but in how many other States
has he similarly interfercd on behalf of
felons who are his friends or support
ers, and against defendants unjustly
accused who happened 70 be Democratsl
And in how many of these cases
have the Judges and the District At
torneys been weak or corrupt enough to
bend or PROSTATE themselves to his
Throughout the North
there are few, both of Bench and Bar,
who have done and who continue to
do 80, in their subservient zeal or from
innate dishonesty, and thoroughout
the South there is scarcely Judge or
a prosecuting officer of the United
States Courts who is not alike corrupt
and servile. And hence it is that
there is 80 much gross injustice per-
petrated by these tribunals and these
officers whose oaths bind them to hon
ostly and justly observe and dispense
the laws. y. Eraminer.