Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1880-06-21
The Collins case in 9th Watts was then

the judges
Judge Bayard Of Fayette was next ex-
posed in the pillory for his upjustifiable
use of his arbitrary power to abuse
suitor in his court, who horsewhipped him
for it outside, at the adjournment, and
whose sentence therefor was remitted by a
pardon obtained because it was universal
ly held that the judge deserved all that he
got and that in days when, Mr.. Mcclure
pointedly observed ''pardons were not a
matter of favor Judge Irwin, of York,
was introduced as a judge so unfit for his
place that his bar was reduced to despera-
ton. 1t sought to get rid of him by per-
suading him to run for Congress, but the
judge refused the bait and undertook to
bring the attorneys to account for endeavOr-
ing to bride him to resign. They were COM
PEELED to refuse to practise before him,
until he was finally forced out. Judge
Neil, of Chester was another judicial can
didate, whose absolute viciousness it was
impossible to be silent about. But all
these men, under the doctrine of the court
below, were to be safe from criticism by
"licentious' press. Even the great Chief
Justice Gibson had subjected himself to
just criticism in resigning the short frag-
mcnt of his term and obtaining a reap
pOintment to the bench for fifteen years
from the governor, prior to the taking
effect Of the new constitutional provision
making the judges elective. This was a
palpable trick to avoid the popular will,
and SO weakened him in popular esteem
that when he came up for denomination he
was only saved by the exertion and vote
of the justice from Towanda (Mercur) and
one other delegate in the convention. The
Shippen impeachment case and the Austin
case were also referred to.
"By a mistake, said Colonel Nc
Clure, (which can hardly be so called
save by charity, it has been declar-
ed by the other side that the publication
they complain of has been admitted to be
q libel by the disbarred editors. That
statement is absolutely false. My clients
have in their answer distinctly declared to
the court below that it was an honest pub
lication of what they believed to he true.
and we challenged a traverse of that an
swer then, as We challenge it now. 1t was
the duty of these editors to criticise the
action of the court truthfully if they did
it untruthfully they are ready to be dis
barred, when convicted. No such case as
H.,
where the arbitrary power of judges
Is SO much more marked than
it ever has been admitted to be in
this country, whose institutions it so
much more repugnant to. Mr.. Mcclure |
then reviewed the Hurst case and the |
Greevy case, where it seemed to be 4 tight |
race between human nature and the Judge, |
who decided that he had full power to dis
bar and ought to do 50, but he wouldn't.
The North Carolina cases cited by the ether |
side Mr.. Mcclure said affirmed the posi- .
ton taken by the appellants for there
the editors were not disbared, because
been said without malice and for the pub
lie good just what was said here.
The address OF Abraham Lincoln ON the
Drcd Scott case and the flood of denuncia-
ton from Republican lawyers and pollti-
clans poured out upon Judge fancy for
that decision were cited. There was 10
lisbarm ent of Lincoln. Judge Patterson,
the judicial pismy, did it Judge fancy,
-bo ind; .I ,,;,u+ lid pot p,- fJa 6ootr;pa
If the court below 1t would be said by the
bench to its accuscrs: In the omnipO-
ence of the judicial arm, l slay you and
hey Were dead.
Can this judgment stand if you sustain
t? asked Mr.. Mcclure, and he answered
t cannot. He referred to the conscrip-
ion case, the Passmore case and others
hat were followed by the act of 1886,
hecking the power of the judges. The
Peck ease produced the act of 1881. The
Dickens case was followed by the restrict
ng act of 1870 and the Greevy, Farqular
nd Wright cases secured the act of 1879,
living an appeal to this court. At every
tep made by the Judiciary in assertion of
rbitrary power the sovereign power has
orbade it. Between us be the truth. If :
his power, claimed by the court below, to !
luzzle the mouths of its attorneys, in just |
of its wrongful acts of any S
ind, is sustained here. that power will not
emain. I
Col. Mcclure closed his eloquent speech Il
about fifty minutes to the great regret I
an audience and court that gave him
Il it's attention. The effort won the admira c
on and applause of all. 1t was eloquence e
/ its highest exemplfication. He took )
lc one great issue of the case and illus
ated and vindicated it in every word. +
is aim was to prove the liberty of every
an to justly criticise Il judge as freely as
~ other public officer, responsible to the
w applied to all to restrain malicious -.
'eech. He held that strength of the +
,nch must be found in the integrity and >,
,ilty of it's members, not in a free G,
I'm from criticism, damning to the liber- n
es of the people. Mr.. Mcclure spoke :,
ith an carnestness commensurate with .
e great importance of the case and his .,
VII deep interest in it.
Gone to the Convention. ~
In addition to those mentioned Satur- u
y the following parties l.:ITo lei. this