, 1879-04-06

|
to follow two diyezging linea,-he would be YER
apt to miss both.
IN THE SECOND PLACE,
this case il one Of very great public concern an
your Honor will by the recitals OF the writ tha
atake e,-the commitment OF q citizen BY a wri
watch recites no authority. The writ in question
here docs not recite the authority OF the Genera
tnis discussion must involve the very grayest cues
tons Of public and private, right On the on
will that It Is not ct Of
very itnits aaaaa OF 0S the 'u Sons!tat'on 70
Of taess ho hn"a that the
abridged or treated disrespcctfuly at all. On th'
other hand, it must be at the same time apparent
that members Of the General Assembly are % vess
! involving matters that concern personal dignity
and character where it. may be expected, unless
these gentlemen are above the oad'nary ftaltls tas
] prejudice will be exercised. Then, again. un'
happily, this is one OF those. cases where
while their rights are to be respected. it must bs
| remembered that Mr. Nerins Or any other person
| in his situation
| Is ALSO TO BE PROTECTED
in his attitude before tribunal which, though OF
the highest character ana entitled to the greatest
consideration, is yet made up OF gentlemen who
| are but desh and blood, and have passions like
ourselves, and VINO sometimes, in their desire to
sSa 9ess IL S G 4bf 1ay o tue
| which your Honor may do sitting here
| in IN impartial position. / need not enlarge upon
tue rght OF The citizen to 10 protected from m m
| gravity Of the questions involved that Mr.. Neytns
be admitted to pail till the gentlemen on the other
] have no oonbt that it IL within the discretion Of
your uouor.'
MIR. Edsall-Have you found any cases where the
Court has admitted to oail person commit ted by
either H0uyH of PnftiAmfntt
Gov. Palmer-No, sir; out ind cases were they
were only prevented from doing SO from regard to
remembered however, that there il th1s broad dis
tlnctlon between the English system and our own:
Under our system the power Of eacn department OF
Government is defined blythe deliberate and care
ful terms OF written Constitutions, and, therefore,
while in tnis country each department yields in
respect to the others, each al the came time IL ab
American Judge would dare. from his seut, utter
what will bc found in English records. that, al
though the Imprisonment OF a urisoncr was un-
lawful, yet, from regard to tho dignity Of tue Leg
islature,
HE MUST NOT BE DISCHARGED.
Mr.. Edsall replied: We can that il the Honse
has no jurisdiction, this Court has, and ought to
dfecharge the petitioner. We did not propose to
follow the learned counsel in his discussion Of the
legal question here, becanse it isn't np As to the
regularity Of the writ Of commt:nenttand its sui
this examination the Court relieve the petition
from the custody in which he Is put b5 virtue OF
the commitment By the House Of Representatives.
| think there is no authorit: for ANYTHING Of the
Kind to be done. The English authorities are to
the effect that although it might be the opinion Of
Courts That tue petitioner was Imprisoned unlaw-
won II not discharge, then much less swould they
admit to bail, pending an examination. But this
csse VII appear to be precisely tue same with an
there by the. Supreme Court fur
failure to comply with its mandate for contempt
fho nn1v hirh hA hn fhnr Nr1u
that person ahou!d sue out writ Of habeas corpus
your Eonor would no d"upt. grant it. but think
your Honor Woud scars.y be {asted IL oans
TUE sA.IE PRINCIPLE APPLIES HERE.
We admit there should be no unnecessary delay IN
tie matter, but We insist ,hat instead Of its being
rrima fac;e on the face oi the papers
apparent pras ns r. scie must he 0' muse g.
dlaiued iii the Court Ultimately decides the les
Etlty OF nis commitment and that N the mean
Certainly none OF the authorities so for admitting
tu bail in this class OF cases. This is not only a
commltas by CO. Ordinate n1ancn OF the Govern
appl1s. 1t is true have not ret seen any OF the
papers In the case showing definite jurisdiction,
on1 tl.at !; 10 be discovered. We are oaly SOLICIT
Gus that the Court shall tx some reasonable time
10 hear the case, and that meanwhile the prison cr
remain where the law puts him.
Coy; Palmer N anSwes TO- the attorney @ General;
cases, citing That SIN former days, and particu-
larly ut the ,ne when slr Edward Cone was Chief
by Tie Lord ChanceApr were bailed BY the Court
OF Kings Hcnch Upon exceptions to the generality
OF the form Of the commitments"
Mr.. Jones-Wus tnat q case of contempt?
Gov. Palmer-In the Chancellor case it was con-
tempt. He continued reading: ''Also one Gran-
vile, who WAS generally committed by the coin-
ulaud OF the Lord Chancellor without setting forth
a4lY case Of such command. seems 10 have been
bailcd upon examination OF the merits OF the de-
cree for dlsooeyinE whereof he was IN truth COM
rr1.,rn II rnE fhpff fhA An~rn
lated to matter before adjudged at the common
law, but this proceeding being resented by the
Lord Chancellor, The said Granville was after
wards recomniltcd by MIN for the same matter,
and vet was on another habeas corpus batleda
ond time BY the Court OF Kings Bench. These are
the authorities aad the Court VII! observe that no
country, where the authority OF eacn department
Of Government is so accurately defined.
The discussion here closed, and
TILE COURT RENDERED ITS DECISION
Us follows:
The petitioner, 1t appears has been convicted
and committed to tue Jail Of sangamon County,
and the question to be determined is as to the
legality Of his conviction and commitment In
order to give counsel more time for preparation Of
the case to be heard, it is asked that the
bearing may be postponed to some day next
week am not disposed to relieve tho petitioner
mined al to the lawfulness OF his conviction and
commitment, but II it is desired I will set the
matter down to be heard this evening or Monday,
just as counsel may agree. Perhaps, II petitioner
insists, the had better be heard this evening.
In spite OF demurrer from MIR. Jones, who
wanted the case put over to Monday, the Court
ordered it to be set for o'clock In the evening,
and the managers fled out OF the court, fearing
that the Judge would deprive them Of their
Sunday victim.
THE EVENING.
CONTINUATION OF TIE ARGUNENTB.
Special Dispatch to The Tribune |
SPRINGFIELD, ILL.,, April Sat Z O'Clock the |
historical old structure formerly the Capitol |
building OF the State was pretty we'll crowded
by citizens Of Springfield and members Of the !
Legislature. The Representative chamber was
used for the purposes Of the inqufsition. The !!
gallery was filed with ladies, and the lobbfes |
were appropriated by the great unwashcd OF |
Springfield.
The managers on the part OF the House, With |
the Attorney General, came in with great gravi-
ty and took their seats at the table in q row, |
forming an array Of dignity seldom before Wit
messed at the Capital Of the State. Judge Zane
arrved in due season and took his place on, the /
bench, when proceedings shortly began.
TfFx pRrsnNER GAME IN