National Republican. (Washington City (D.C.)) 1872-1888, 1881-11-10

turtles. One case came M from Old Virginia. and
the other came up from West Virginia, and
Your Honor will remember the determinations OF
the court where man was
INDICTED ny A GRAND JURY
upon which there was nobody like him
he being Of African DESCENT, It was
q violation Of his constitutional rights:
Therefore submit 10 the court that the right OF
sitting upon jury Is as much right and privi-
lege Of citizen ms II Is to testify as witness,
as ~ Is TO hold an Office OF honor and profit SO
mat when this statute was enacted that no man
should SIT In the jury box who was not good
s and lawful man, In the first place. and in The
ofa misdemeanor involving any moral turptude,
umcnnt TO say that man who was convicted Of
such a misdemeanor was an infamous person
NOW, u seems TO me, In view Of oil these consid-
eiatlons, before Your Honor can sustain this APP
blicatlon for leave 70 fle an information, Your
hOnor must decide that robbery aud embezlle-
ment are mere peceadlloes: that you must declare
rom the Judgment seat that that Is misdemeanor
which does not involve moral turpitude And ]
MINK VIII wait long time before hear Your
Honor issue any such Judgment or opinion nom
this bench. We are not without authority on this
hold yourself bound. refer to the cas- E Of Cross
vs.. The United States, Mac Arthur, 1l0. The
question In the case was whether tho criminal
charge, that Of petit larceny, was an infamous
crime: The court say, through the Chief Justice,
who delivered the opinion:
exclude the ofender nom the conidense snti cSn
Panonship OF honest men may attach and does at.
law In this eensc a ,y, , a. OF tne
his exclusion from the "a r,snrt
OF the public rs n common liar M orrsnder agnnst
common decency, the victim 81 vices thai simply
ofludgnlen in the forum OF Justice would necesseriy
obterate the moral distinction between teonies and
IBIS standard pof m.,i ireS ana INC lal,S II
classification OF the crime for IN. measure ~ .ps'
and IN ne outset let me say that legal innmy Is not
BY reason Of being in some form declared nv law
ce an3 oTs o. the sense Of public Jus
OF our nsinnns t as nd,stsred under the genius
ingupon this question that great 1nsertnlnty obtsna
With reference 20 an accurate distinction between
felones and nlsdemeanors- crime Infamous and Of.
lenses Of = lower grade-it may safely be assumed
The mode of l Ics pe % SO
method ofdetermlnlng the iniamy OF q crime in the
several states IN the Union IS by the express decnrn.
the wall a. st tSs s Sass seopns
n,e' au ~ I'M, INC Offenders len 10 be
IfaeSrtlay ~ ~" ou'Siue oi me penhentiary.-i
me court there practically decided that the
sde -, w ,h we nave before u.s. which were
poiico Tn,t s1 ~ az, " lne uecislons OF the
the line of demarEation heIyeen Il ss,o,sn as
non infamous crimes the walls of the penitentierv.
and submit to the Court that that cannot 80
gaiDsaid. 1t has been positively declared by
statute in New York. Wisconsin, Minnesota. mis-,
souri,, Indiana, &C. that
THE WALLS OF THE pESIrrsrrApv
do constitute the line Of dema,Lation ho,,,o.,,
those rlaqgQg NJ m Aud Iatk q
Topor Thai n ,vonId he nnu submit 20 Your
his Sar who boS See Te news e 70 my member Of
har ~ vo"rs 10 MA liz asans meIe LOT any NUN.
90 ne ynoniia,,Iar @ i,an VINO hnu been sent
Gent aenude 10 nrpsn Tr' ihet nm, Oh sum
not Infamous we have never s an pS r ss Is
ssnnrs nv ny, NJ ne. suS w man was IN
IL prod1eed At The trial IeI1 - OF ms conviction
ysrppaisv ,bo, spch Inc .rd, Is conceded uni
Of The Court Snyhns 70 on t1e eo attention niC
nv SohslhcIhtlOH OI the punlSn-
nnnisbed IN ,hn IA. 'nis onense may be
donb The s tne ae iS there can be
snh,ect ara oiaa o III nv SnIOeu Sthtes on that
becn s,biecs S,e ,n Easily nhaerstood and have
" he urre 20 tre G9hs,1efason and decision
There wa; man by the name Of Kar.
leans Cor ' WHAT ZOO. IN inc city OF New Or
n9 frauds and Se was anG %nrs as e SShi'Ey
s s, OF me united states in Mound City, In
o,s and , 2, in .., habeas corpus was sued
eupLsphe oouLt OF me United States whether he
nde, VI ihnsI s,a.n, aTsuiy IN the pententary
mature debsra.ion and he ri, n,upreme Court after
.nis s Wy crime iaid down and described
:" 'e''ion ofio nllsnt DC
] Twill give Your Honor reference TO the statu,e
on that subject relating To The subiect NATE W
the punishment-secton TAG R. 6. d. & The II. s.
p.S;ssd Ie s, uP rhe question where u Is len by the
p'a'u.es Ie'stins 70 tue District ana dis
p o. .ne matter IN sections o5fl and b5i6, upon
lua IN, ine SSupteme O9nrtoi the United States rem
,hat we nave mere a legislative declan.
rimo as w., wnar snSll constitute an infamous
IN his nformainn n tb Tor inc oense charged
pnaaisshaee by imprisonment IN the pcniteniiary;
i tne Police Court has no Jurisdiction,
oeIng caiien OF heid 70 answer without present
MEM OF inni , ny grand Jury. II Your Honor
PenaS wsn 70 hVie your attention TO another
yn,,n u y. s"'s Sase' propose 10 show
hour Honor, ana think that the po-
si,.on cahnot De answered that this in:
IN Il 70 pc true charges no ohense known TO the
NJ ."e u, nmese ehatges are passed upon
vice on ceptaip routo I rnnin postal ser.
mexl ri Ihat Is about the sum and substance OF
i1n,,aa SS, tnaiSv Sonsspirncy 70 delraud the
nnsi,, ou, sS oy uniaMIuHy ana corruptly in.
cIchsInB anu efpeniuhg the service OF thnt
Pai'S ua roupe LOT al PUBIC mails. and
ton To this nointe Sayo nonoss at.eh.
the Court, and It appears by this Information
that there is, known 10 tile laws of the Land ~,
officer called the Postmaster. General who 4
charged with a great many duties. and he e. mn.
acts that are charged In this infomaton my my
every one Of them acts that can be performed hy
the Postmaster General and BY him alone / d.
Postmaster. General who presided over rhnft n n,e
partment when 0'' '''''' De'
r4rsr AIJrcrn opr,,,s rom N, ,r,
uo,sa dl.,,a,.,,taha, .s+s ooN ,AAoh'
ne y ulsunGuisned and honored member O
tion no man ever uttered werd nness rspH'a
Sont.eS , w n nis prosecutor and since 1t was
nsnut :, bnt ne has oeen lett out and sub
oIolnate 4ineer nus neen selected as the proper
Pe,soh 70 ~ Proceeneu agsiiist Tor The purpose Of
DJns punsneu i1r WnAt these gentlemen
s WHO , ,nis.ga,eso snls hioFma,ion say was
an uniawIW exercise OF me discretion
o9the United States W Ynr Ho ny y, s'atu,es
of sections $50, $50. 800. syi and sg6 r. So ThcsS
all refer to the Institution Of The otice q
the Postmaste General and of The POST Sgnn No
partment There is no mention Of svcb sn aeice
as First Assistant POSTMASTER. mo
OF an officer likc the Second Assistant
General, except simply The creation of those u.f
Offices There Is not one word i'm The saiuie ,n nv
the subject of their duties; and may add hprc
while am engaged upon this particriIar mari ~
the case, that In all the legislation of Conpresx
have been able TO find the Second Assistant pS,s I,
master General has been m ~ h, ~