The weekly clarion., 1880-03-24

a large majority Of the people are
levidentIy looking to Ex-Governor Sey-
mour. the efarmer-statesman Of Deerfeld,
as the Moses to lead the country cut OF
/ its present troubles and perils in the
Presidential election, and as far as we
know he occupies with reference to 1t
the position of the great American
/ Commoner, HENRY CLAY, on a SINH
lar occasion, that :" the Presidency is
neither to be sought nor declined. !"
But if for any reason not now antici-
pated, he should not be in the race,
and dark horses" are in demand,
the Hon David Davis, of Illinois, pre-
sents some strong points of character,
and elements of strength. In the first
place, while he occupies no doubtful
position as a Democrat, upon the main
issues, he will commend himself to the
conservatives for his moderation and
liberalism. In the days of Lincoln he
was a Republican, but could not go
with his party in the support Of the
political ideas and practices best de-
scribed as Grantism. While on the
United States Supreme Court Bench,
refusing to be influenced by the passions
that surged around him, he upheld the
supremacy of the civil over the military
power, and wrote the opinion of the
court in the celebrated case Of Mulligan,
who, IN 1864, had been tried by a mill
tary commission on a charge of treason
and sentenced to be hung, notwithstand-
4 ing martial law was not in operation in
Indiana, and the accused belonged
neither to the army nor the navy. The
Court rescued him from the grasp of
his would-be executioners on the ground
that he had not been tried according to
the constitution and laws of the coun-
try, the Court, Judge Davis, saying:
The Constitution of the United States
guarantees the right of trial by jury 1t is
law for rulers and people, equally in war
and in peace, and covers with the shield Of
It's protection all classes of men, at all times
and under all circumstances.
4 X
A guarantee of freedom is broken when a
citizen is denied the right of trial by jury.
Until recently no one ever doubted that the
right of trial by jury was fortified in the
organic law against the power of attack.
This privilege is a vital principle underly-
ing the whole administration of criminal
justice. 1t is not held by sufferance, and
cannot be frittered away on any plea OF
State or political necessity.
Another thing which the country will
place to the credit of Judge Davis.
He has never sided with the great cor
porations against the people. 1t was
Judge Davis who prepared and deliver
ed the first Of the cases, known as the
Granger cases, which went up from the
people to the United States Supreme
Court, in which that tribunal held that
the Legislature of Wisconsin possessed
the power to regulate Railroad freights
and tariffs. To Judge Davis therefore
may be awarded the high honor OF
pointing out the way by which the peo-
pie could protect themselves against
the extortion and determinations OF
mammoth corporations, which combined
among themselves for the oppression OF
the industrial classes. In his political
career, he has always sided with the
people in their struggles with the cor
porations On the bill to compel the
Central and Union Pacific Railroads to
appropriate portion of their earnings
as sinking fund for the payment Of
the principal and interest,of the loan Of
/ the United States to aid in their con-
struction, payment of which they had
uqscrupulously avoided, Senator Davis
TOOK prominent stand in its sup
port, as couGiutOr of Alr. Thur
man who led the fight in favor of the
/ bill. His speech on that occasion was
strong and convincing, model in style,
bristling with logic and weighty with
! judicial authority. The measure was
carried, and Mr.. Thurman had no
stronger advocate of his bill than Sena-
tor Davis. We are not advocating the
nomination of the latter for the Presi-
dency We are not even proposing him
as dark horse. We are simply saying
that he has some excellent attributes
/ for a candidate, and to use a slang
phrase, the party might go further and
/ f,-o 1voySa