The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-12-07
OFFICE u. $. DISTRICT ATTORNEY,
EAsTERS DISTRICT or VIRGINIA.
RIcuMnNn Danem hpr 6. 1850.

4
RICHMOAD. December 6. 1880.
IMessrS. Editors Dispatch: Will you allow
me very respectfully TO call your attention
10 the fact that the tax. certificates denounced
as bogus in the article written by Mr.. Cog
hill aud reproduced in your columns YES
terday are totally different from those which
the Manchester Judges OF election refused
to recognize! Yet in your leading editorial
In tue same issue OF your paper Won INFORM
the world in general, and your " contempo-
raries of the northern press" In particular,
that they are the same
The former uhe bogus certificates so
calIed) are those issued by special collectors
appointed by the Auditor 10 collect deIin-
quent capitation-taXes. The latter (tbe
Manchester cert,6cates) were issued directly
from the Auditors Office. and arc receipts
for money paid into the State Treasury in
accordance with the provisions OF the Code
referred to in Judge Clopton's pritten
(mInd you) opinion that You published Sat
urday. fThis is another law, by the way,
hat - A uditor Taylor obeyed. being incapa-
bic of dodsing or doing wrong knowing
ly."1 Now, IL you will examine the Sec
tion OF the Code to which Judge Clopton
refers, YOU will see tbat that opinion, as
well as the laws OF Virginia. and con>c-
quently the laws of the United States, re-
CURED the Msnche.,er judges 10 recognize
ne AUDITORS certificates as valid. But they
wouldn't; nor would they hear evidence
that the taxes OF the rejected voters had
been, in fact, paid into the treasury.
As TO the other points upon which we
differ, | have nothing to say here; FOR
6. lfe's too short I" TO argue law cases in the
courts anu in The newspapers too.
l.. l.. LEWIS.
There were, as we understand ii, no cer.i-
6cates refused ttat were properly issued.
But even il there were any such. the point
we made was against Mr.. LEwIs's demand
that the election officers should be punished
for az error OF judgment.
AS we said Sunday, Mr. LEWIS, in the
prosecution OF the Manchester election
judges, asserted the monstrous proposition
that ait is not incumbent upon the United
States to show fraud or corruption, or even
maia fdeS," on their part. THIS doctrine
is OF the very essence of tyranny. II tends
to sap the foundations OF the Buniments OF
public aud private liberty. Ut should be
met at once and crushed. Ii means in plain
English that a public officer. clothed with
discretion, ADD required by law to decide
upon a given state of facts, may be pun
ished criminaIiy, although be acted with
pure heart and intended to do right.
The doctriae of the intent as 1t prevails
in the criminal law is necessarily one OF the
foundation principles of public justice.
There is only one criterion by which the
guilt of men is to be tested. II is whether
the mind Is criminal. And neither in phi
losophical speculation, nor in RELIGIOUS or
moral sentiment, would any people in any
age allow that q man should be deemed
guilty unless his mind was so. 1t rs, there
fore. principle OF our legal system, as it
probably is OF tyery other, that the essence
OF an offence is The wrongful intent, with
out which II cannot exist.
Such IL the law as expounded by every
court in England and the United States;
and no case To the contrary can he pro-
duced. And it Is not only law, but il is
Justice and morality.
DR.. WAYLAND, in his treatise on moral
science. says: "By reference to the in
tention we incupate OF exeulpate others or
ourselves without any respect to the hap.
piness or misery actually produced. Let
the result of an action be what it may, we
hold man guilty simply ca The ground of
or, on the same ground, we hold
HIM innocent" BIsuoP, the great law
writer OF Cambridge, quoting the above,
says: "The judgment Of mankind when
passion is laid, holds this doctrine among
Its cherished jewels. In times OF excite
mept, ,ohen men Mink Of vengeance instead
of justice, every guard which reason sets
around the innocent Is cast down. But
with the return OF reason comes the clear
verdict OF the public judgment, that where
The mind is pure, be who may differ in act
from his neigbbors has not offended. . =
Whenever an individual is made 10 suffer
q punishment which the conn unity does
not CONSIDER he deserves. so far from its
placing on him the mark OF contempt, 1t
sleyates him to the seat OF the maryr."
There can se no fear that, under the calm
md clear light Of judicial inquiry, The
terrors OF the law Will be reserved Cor The
guilty.
-
ZEE SHENASDOAH.VALLEY RAILR0 An.-
The Harrison6nrg Old Commonwealth OF