National Republican. (Washington City (D.C.)) 1872-1888, 1881-11-09

luton ofthe people in the modern sense Unpopular
IrSvolution; Il was the revolution Of the better
The tyrasny 81 thc crown, who had felt the spur
Of inteIfedftsal movement that then peryaded the
the world. ftNss the
Etv,,trffo, oF YOUNGER SONS
Of opuicnt men who altfce, Of action i was The
revolution Of the religioftsts va J Nv ba9 besn
invaded Before the force Of that reSc.. S,s
such things went down, rs they ought 70 - a
not the forms Of Justice which were FOR The bene6
Of the community. They survived and survive to
this day for the benefit Of the public, for the ben
IN this country who represents e.ppbiic, and IL
stands here to-day in this court asking that the
people may be vindicated by is known forms Of
litigation. When the troubles had ceased things
had subsidized and order had been restored
THe COMMONWEALTH PASSED AWAY,
and Charles II, with bis miserable crew Of syoo.
phants and Injurious libertihes, came into power
out with contention and with some ascetlCisn Of
,he religionists. Aler all that finally came VIII
liam lam and Mary William and Mary were esteb,
settlement, ana II ever there was an act Of krbi.
trafy, positive assertion OF power by those who
act Of settlement WAKING Xxi over the E dead body Of
the doctrine OF divine right, II superseded king,
who was by the course OF ordinary legal SUGGESTION
the rightful occupant OF the throne and crown
a principle oflaw pro sails poplH new succession
creating new King and asserted, for The fifst
Time in England,
rnE RIGHT OF rae rrorLn
TO declare who should govern them. advert to
this for the purpose OF bringing TO your mind q
conception ofcxaetly what was done subsequently
70 remind my brethren that. what was done then
was done by revolutionary. government
done by judges who represented revolutionary
prtoipies-the principles Of liberty as broadly ut
tered and rs boldly maintained as they were ut
tered.and maintained here the other day. The
Judgment OF The court that was given In Prynnee,s
Bartholomew Shower reported the argument in
nll, and Your Honor will find II very instructive.
The judge who decided that case was no less q
inaii than the greatest common.law lawyer
that ever sat in England-John Holt That was
| not the act Of
AsuBsERvIENT AND SUBTLE JUDGE,
obedicnt to the will Of q tymnhous master. He
was not a llpeal successor to those wicked men
who sat in the star chamber, or that Infamous
man Jeffreys who administered law and rode his
bloody circuit at the command Of James ii. No
he was n product OF that law which survived
all those connections and rose upon the ruin OF
those tyrannous institutions. He was a great law /.
yer aud just man. IN speaking ofthe destruction
q the law, l am reminded Of al inciden!
that occurred when SERGEANT Maynard, the Oldest
lawyer In he. realm, met King William when he
landed, with iiis wife Mary, to accept the crown
that was given him. Tho King said to him, Ser.
jennt Maynard, am informed that you are so old
lha, you have survived AL your coI;en 2 9otarles
Your Majesty, and IL God had not given you u us,
| would have survived the law itself" That Is n
historical illustration which is introduced not for
the purpose OF adjoining what say, but for Illus.
| trnting tho
CONCEPTION OF NY MIND TO your MIND.
say again--Because must start with this and
tabllsh myself firmly in your conviction, lift be
| necessary afler what you have heard read-but
necessarily, everything Is due 10 these gentlemen
| who have been so gracious TO mel say that, what
| | hope to be sustained In In your mind and which
| i IL m n mr. IL
cess OF the law known as an information was
| adopted, recognized, and enforced In prynnosca
est principles Of civil liberty, and Represented
| dynasty that was founded by those men who win.
dicated the liberty OF Engand-a dyuasty that
was supported by those men. No other sentiment
| or spirit could pervade the law, nor has II since
| These remarks feel obliged TO make. They seem
desultory, but 10 my mind they appear to be mp
picable.
HOPE THEY DO TO YOURS.
| feel Obliged TO make them, because, II under
stand the argument ofonc Of the gentlemen In this
ease, that decision was an object OF odium and re-
proach 20 the law that 10 was the product of cor
| rupt indicial mind which represented condition
| or public opinion that was suppressed and pub.
lie authority that was despotic That IS enough;
sidernton Of that having thus told You this history
TO maintain my starting point, rs TO- what IL called
The revival Of That writ So recog1ca IN some SoJ
| fallen into use because there was no crown lt
prosecute this complaint and there were
no peaceful days TO assert the authority OF me pun
lie. The wrongs that pernetrnted against tllt
public during the difficulties that arose from tht
time of Charles II. down To the establishments o
william and Mary were sometimes and most gen
orally punished and rights enforced by military
| authority: certainly, with u stronger hand, oiten
times by the troopers OF Cromwell aud by thos'
who represented
CHARLES H. AND JAMES ",
than was oftentimcs or generally done by the pro
ceodings in the old abolished star chamber Settled
times come-seitled aud established by the fore
OF popular will in regard TO public liberty and pri
vate right. Then this great man assembled TN
bench. Then the rights and duties TO the sovereign
and sovereignty were TO be enforced by due cours
| of law. Then the due process of law was sOugh
to be applied by the Attorney General of III
crown. Then the court decided this has falcl
IT." Temporary nf iSS ior All shgs d 90 have
was To all but
FERvERED AND EXCITED ONE,
But times beeame settled in the rcgn Of William
and Mary. Now. they wentinto court and resiste'
this and resisted II for the very reasons, word fU
word, upon which you heard this proceeding re
sisted and denied only a few days ago. The argu
ment OF Sir Francis wynans In that case Of 3 Mod
ern r. Is but a repetition Of that argument IL ma
say so, or theirs Is but a repetition oft mention
that for the purpose, not Of rejecting upon them
the remark were applied to myself, II were toll
that that which had uttered c0nformed TO tina
which had been uttered IN vindicating some prin
England's lawyer--reiterdtn from the nuthorit
given the same reasoning and the same principle,
THE COUNT CONSIDERED ALL THAT,
debated all that reflected upon that aud deter
| mined-what? That the writ, the process of in
formation was q legal, orderly. and due process
lava due method Of bringing people into coul
to answer for their olienscs against the sovereign
We have here n clause In our Constitution that I
n certain extent qualities the method by whic
this can be presented. Il docs not deny the rigi
to that for that Is settled everywhere II gnalifs
the method by which II can be presented 10 IN
discretion OF the Court, requiring those who use !
whether i be the representatives. OF the Govern
ment or imaiv,duais wne6ner oe prese,sh
an informer to his share OF a penalty, or whether
be pro bono pabco as In this case, at the instanc
!, more than this, that that which was required be
fore in Ensand-that proceedings Ind for the pul
d ESFoRcigG PRIVATE EfoffT,
or a private duty by. this means Of proceedn
should be maintained by an oath II put the OF
GER the Government, quo I'D that, upon the sam
iasty action Of judicial Judgment, with ali tho,
clauses that relate to the subject OF warrants
seizure Of persons papers, and things. We all re
member 1t and utter it.with moro force and effe,
than these gentlemen who represent the defend
, ants here.how erandiy Dunnims stood up IN a.
hand OF Lord IInl a little over one hundred yen
ago. and shortly after George III, assembled VI
Issued by Lord Halifax for the purpose OF
SEEING fIfE PkPERs or WILKES.
You may read 1t in Ions Reports II you wis
10 hear OF read grand, beautiful, and spirite
D because the necessities Of the case demanded
II was not q caso Of absolute authority alone, Ill
|, this. lie was bound 70 fall back upon fund
i mental principles, aud 10 stand upon them M
illustrate them, they only can be oitenttmes,
fervent and reckless appeals. II you wish 10 rea
all that Cunning said III favor OF prlyae right an
. | the subordination Of public authority "a manta
private right read II there. My friends here ca
r only fehearse these things-thoy cannot erea
them. Read, TOO, that which shines Ia the spleid
1 | OF MONDAY beauty the ciear cuupcintiou Of Ia
0 | by Lord Camden. tebuknR the ohicer OF The go
(. eminent IN a serviic dgc--for that was The on
J. Transient era Of serviIltS between
THE ESTABLISHMENT or WILLIAM ASD NARY
and the present day, Read all that great lawy