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

| tthlsNuNC outnOflN OF inc lanu III Ie
statute that haye adyerled 70. Those
cases that have been alluded sustaining their
right TO command aud demand that You should
cation. Carry this thought in your mind, sir and
fMAINTAfHfr AS A PRINCIPLE
| connected with this very subiect-that that which
! would be proper rule OF Interpretation where a
A., tuto prescribes a method Of proceeding when
Won rso this process is not applicable here, for
fhere ~ no such statute; and the decisions which
interpret sSIIes sna b sgSS Gse prU
ndon,ed az, I,o Avn, able here. That which would
warrant yo,r resfrah,F,,. hand upon subordinate
officer las commissioner on Justice y. ur Mn
that which would warrant y6,. 70 .voods ~
as Judge Bradley did ~ that case ~ .vvg.s ~
restrain him from tho undue and has. NJ ,y
power OF the nbuse q this process VIII S ~ a.,
clothed lies far above the level OF such suborus-
nate officers who need such restlaInt aud admo-
citizen and tho process OF dc Jaw. fRst which
is necessary In minor tribunal in keeping with
the spirit and polity Of the law upon such matters
and upon such occasions
Is NOT APPLICABLE HERS.
Why, sir III you read rightly that decision which
my brother Cook read to you yesterday from 3
woods and which was read before), wherein
Judge Bradley makes his comments upon the form
anwneoessiiy Of the oath. you will read IL as an
instruction such as you yourself would give To- u
struction wisely given, prudently given, and law.
iuy given TO restrain interiors and subofdinetes.
Nov, sir you have been told that this process was
years. / know OF no principle Of law that would
authorize this court or any other court In the
United States 20 refuse to recognize process as
old and as well sustained by authority and pre-
cedent as this Is merely because there had been
no occasion for The use oft within the territorial
jurisdiction of Maryland for eighty years.
IT Is NOT NECESSITY
for me 20 enlarge or dwell upon that. Every law.
yer knows that what say Is law, In Abbott the
very thought had been suggested TO the Court, and
the very excuse urged to persuade the Court TO re-
ieCt Tho Information QsirTcuunf nuugtinl and
lawful and 10 that the Court said, that argument
viii not avail AZ ALL Does II not occur to you sir
II does TO me-that if that werc tho law for Mary.
| land, and would supcrsede the Information in
Maryland, or even In the District OF Columbia, IL
would not supersede The process as United states
Maryland cannot regulate the action Of the United
States which speaks for these 4QJOOO,0O0 Of whom
| we lave heard so much here. Tho territorial and
local
ABANDONMENT AND PROHIBITION,
IL you please (as In the constitution of Pennsyl-
s yam II South cSrollne was ' long ago would
| not deprive you OF Jurisdiction under those
circumstances, o, deprive the United States
enforce lust such proceeding. The common law
which was part OF the juridical poliy and part
Of the iurisprndence Of ne United States Itself II
statutory law paFticulnrlyas TO It's means or pro.
| cess It's in0das operlmii, tho common law would
give To- these % od ,s Seen ba ae
| local residents and local citizenship; that which
the local jurisdiction Of Pennsylvania and South
Carolina, through her fundamental law, denied TO
their citizens The restraints, Judicial, consii:u.
tional, or statutory that are applicable here aud
there throughout tho United States
| roR LOCAL PURPOSES
| upon the citizens do not bind the Government of
the United States or the citizens Of the Nation as
such. II amounts to nothing and has 10 bearing
upon this case. Sir, from the days Of Gal!ison
| down through all these cases which have been
| read 10 you'll Sawyer, Sawyer, 7th Law Reports,
Dillon, &e.-all all assert In positive terms, such
as no man can close his ears or his eyes TO- that
| this method of proceeding has been adopted,
| recognized, used continuously from the earliest
day down to the present minute. Really, feel as
| II I had done van an almost idle thing when
| look back upon what have thus far said upon
this point so plain does IL appear TO me, so clear
| upon the weight OF authority, so clear upon the
| unbroken aud uniform practice
| THROUGHOUT THE WHOLE UNITED STATES.
why, STR In some States OF The Union statutes are
enacted to regulate II when II Is used IN State trl-
bunals, 10 which Twill have occasion 10 refer here
afler, aud of which shall hereafter speak. Yes
terdsy my recollection was revived. and recalled
the fct that the Department OF Justice contains n
report from every district 81, "a. sosney w wherein he
in his office, whom he has prosecuted, what suits
he has brought, what proceedings have been had,
se Sspc
Your Honor will hereafter. II you feel the ncces.
sity for 1t. require more thorough search than ]
| was able TO obtain-requesting that be informed,
| in order 10 aid me In this investigation and In
the performance Of my duty, to inform You rs to
| what nad Dccn done DN inc uiltcO STATES IN the
ENFORCEMENT OF THE DUTIES
that u enioins In pursuit of the punishment that
| 1t iniiicts against those who within lis jnris.
dicdon--not The jurisdiction OF Maryland or any
locality. To that letter received reply which !
hold IN my hand. Sir, win not pause 20 reud t.
but will hand II to you, that You may see what
peTfinciory as il was, done within a few hours
upon moments suggestion. You will sec that
there are wilderness Of cases IN all the forms Of
criminal proceedings short of felony and capital
offcnscs, and approaching to the very verge OF
those crimes And yet we are told that 1t never
existed aud that IL Is an abuse OF authority that
we seek to
AVOID THE GRAND JURY.
We are reproached with seeking to avoid the
grand jury. five are to stand here and handy re.
proaches, may we not say, "Gentomen, you seek To
avoid the petit Jury, the people, yon want the IN.
vestigation Of the secret body; we want the world
TO see it?" Necessity hasdriven us thus TO file this
information asking the Intervention OF the law
and we want you to como before n jury of your
peers in open day; that Is what we want five
were TO try this case by taunts and ieers and
! sneers think In the Judgment Of thoughtful men
we would have the. best of IT, To a man whose
honor Is mpGaGMTd WHO Is on%rged VIII oeh ~
effort 10 sneak and stink out OF an investigation Is
an attempt TO trample the law down, 10 avoid .
f demands. We were told here among tlie startling
things that heard and which learn for the first
time that the grand jury was established for the
PROTECTING THE CHARACTER
OF parties who might be accused, and that tina
! was one OF the wrongs that had been perpctrateC
In this case; that we had come into court here 4
, avoid that seeresy which IL part of the fmda
mental law of the organization of the grand jury
? aud expose them; and--t9 use some Of those term
I which were flung around here with tho profls
I iiberaIity of an excited mali--brnnded and stig
matzed, stained and tainted and NIL such terms q
grand Jury, the seeresy Of that body would hay
protected these men from any such reflection,
Upon my word, when heard these reflections ut
turcd IN these terms could not help but remenn
, bcr as now recall them, the apt, vigorous, ain
sonor6us phrases OF that much forgotten author
heard air these cpithets these tsans, and this
; PARApHEESAIfA OF HEATED THOUGHT,
uttered here In deliberate investigation whlcl
should appeal 10 reason and stand upon authority
, could not help but recall. and now repeat, tina
: / felt like saying to my friend what Junius sale
to Sir William Draper:
A classical education, sir william, has given you
! Ofspeech Masks, hatchetst racks aud vipers dane
al ssS y ESSs spSss m ses s ss at
gsS % q eo ssg,SsS sssSS q
, Now, sir, VIII hand you what has been th
subject Of eursory ana hasty examination. III
, work Of a clerk who was deputed TO do IL, an
s"y e. = e ss sosms we saa
: as he was commanded-and You Will sec that h
4 says he seeks futther opportunity TO pursue Il
. | And yet we arc told here-I learn a great deu
4 here, and unlcarn 10, too--we arc told here thu
A no such thing Is known, or ever was known. W
are tpd That The sesr s Of che grand Jury was
= are told II is for the protection Of the citizen.
= deny H.. The reason given IN the books Of th
y | law aud the reason that should be remembered
and the only one that Is given, Is that sccrcsy Is
y PREVENT INF suBoRNSrloS OF WITNESSES
Why did the gentleman omit thot suggestion? Tn
books say the only eause Il the subornatio OF wit
j. nosscS and you will find no other reason given
\ any book known 10 the law, unless In that while
y these gentlemen have been pleased TO say shoul
: hereafter be imported into tho law, and that vi
il furnish new reason, aud reason that Is lloaei
- and fnsorsible because how Is II that the thing
! not known 10 the public when almost every aolio
: OF the grand Jury Is based upon 4 commitment
I magistrate, before whom an oath Is taken, as III