National Republican., 1881-11-07


ton against him charging him with crime. It
would stain the reputation Of any man wero 1t
known that one single individual had gone before
the grand Jury and had made an effort TO have
him indicted For that reason the proceedings OF
the grand ury are secret So4hat when no bill is
found there shall be hid no foundation for Sian
der, for calumnaton for mallgnity. Ihet Is a one
even without oath, It is IN the power OF every
District Attorney TO malign the reputation OF any
man with whom he may happen to be at enmily
So the grand Jury stands as wall between
the citizen and any calumny, and any man who
has anything
AGAINST ONE OF his NEtGnBoRs
goes 10 the District Attorney and tells that District
Attorney what he knows-what he can swear TO /;
not his information, but what he knows; then the
District Attorney can Introduce him TO the grand
Jury fail to believe him nobody is mallgucd no
character Is stained; no face of woman Is mndo
white with shame and grief; no children hang
liciously assnilcd-no one knows IT, But five leave
the grand jury out and allow the District Attorney
matter of record S and in that way men Of excel.
lent reputation can be substantially destroyed by
the malice of one man. do not say that there Is
any malice In his case; and know that the Dis
trlct Attorney will not for moment think that
am auding to any action Of his III this case or any
other. 1 am simply saying what 1t is and what
1T GIVES THE PowER TO OTHERS TO DO.
want always TO stand between me and the malice
Of my enemies an institution that was tried MS by
fire, an institution that in the times Of tyranny did
as much as any otherto save English liberty.
want that institution well preserved; want men
to be tried by their ncghbors, their friends and
acquantances. / want also the evidence to be
passed upon by men who know the witnesses, and
has no time TO discharge the functions Of grand
jury. Il Is enough for this Court to try the
case when IL comes before the petit Jury.
IL Is enough for this Court 10 give the law 10 tho
traverse Jury without sitting himself as grand
jury This Court has no time 70 inquire into these
matters; no time to send for other witnesses. The
grand jury, In my judgment, ought not TO be done
away with In this country. 1fit was mere ques-
tion OF dollars and cents,
MERE VIOLATION OF REVENUE LAW,
then might say, File your information !" but II
involves the reputation or liberty Of the citizen.
would say n grand jury must pass upon this cyi-
dence, because the Court has no time to do this
thing.
In this country, from the popular character Of our
Institutions, there has seldom been any contest be-
qured the existence OF the grand jury as protection
against oppressive action OF the Government. Yet
tlnued from considerations similar to those which
gave TO II It's chief value n England, aud Is designed
IA means not only OF bringing 10 trial persons nc
csed OF public otenses upon Just ground! 6a also ds
decusdlioa, whether IL comes from Government or
partisan passion or private enmity. Ub)
IL is for that reason that wish the institution to
be preserved. The citizen always needs to be pro-
tecied from power, no matter whether that power
is what he calls his government or any department.
oft, or not Every citizen needs TO DO protected
| from power, and the grand jury is an institution
| for that purpose. II protects the citizen in the
first place. from fraud from crime, and II also pro-
| tects the innocent citizen from malignity, from
malice from slander.
No person shall be required according TO the unda
mental law of the country, except In the cases men.
this body consisting of not less than sixteen nor more
than ,@Tenttyhree TIVE good apa "wG men selected
careful delberation, under the solemnlty OF oath,
that there is good reason for his accusation and
And yet in the State of New York they not only
dispense with the grand Jury, they not only dis
pense with probable cause but they absolutely dis
pcnse.with all oaths and with all afirmations. They
have only to take one more step aud dispense with
| the information, aud arrest man simply upon a
verbal order.
Formerly It was held that an Indictment might be
found fevidence were produced sufficient 10 render
| the truth of the charge probable.-ib.
That Is to say that the juries can guess, may be,
he was guilty; Il looked more like he was guilty
| than that he was innocent.
To justify the finding of an indictment you must be
cused is guilty In other words you ought not to nd
an Indictment unless in your Judgment the evidence
| warrant q conviction by petit Jury (lb).
WHAT KIND OF FIGURE
would this evidence cut2 The AFFIDAVIT of.Iessrs
be no evidence at all contradiced or uncontrl-
| Observation-Disclosures more evidence In the case
than blank paper II Thomas l.. James had simply
said, am Postmaster General" and signed and
sworn to It, II would have been precisely rs good
evidence rs 1t now Is. If Mr.. Woodward had
simply said thathe had been employed, and signed
his name, it would have been just as good evidence
as It now is-no more and no less. Tho next qucs-
ton to which wish 10 call the attention OF the
What is an infamous crimeY In this country we
are all supposed 10 be soyeregns. In this country
we have certain rights before the law these rights
make up, the crown and sceptre OF sovereign
We must have the right TO vote. Colonel Bills.
says, "a man sixty-fye years ofage Is not allowed
to sit upon jury
Is HE THEREFORE, NFAMoUs2
A man twenty years of age is not allowed to vote
Is he infamous? We have the right TO vote; tina
Is, to help make law; that Is all that amounts To
Secondly, we have the right to help execute th
law. We do BOTH In one capacity, simply u
voters, we make, aud rs voters We execute th
law. We are also entitled to certain honom, pro
vded our fellow citizens sec ft to bestow then
upon us. Weare entitled to hold certain offices
we entitled to help make tho law, TO help form
II; we are entitled flour fellow citizens see prope
to give us the chance, 10 help execute the law
We are entitled TO sit upon iures to pass upon tht
rights of Others Others are entitled to pass upOr
our rights; and we must have that right in orde
to be ON nm equality with other citzeus. If one o
those rights is taken from uS-he right to vote th'
right to testify in courts, tho right TO hold office
the right to sit upon jurics-fc either of these right
| Is taken from us we become infamous,
WE ARE uSCRowNED, UNscEPTRED
We are no longer sovoreigns; We arc outlaws
we have been degraded, and upon the forehead
Nov Now 'tT the question is ' whether this Is " saGi
an ofTense that 1t becomes an infamou
crime. Let me say here that agree heartily witt
what has been said upon one subject-that II Is thu
oIense aud not the punishment that makes maj
really Infamous. In the history of this world In,
men who battled for the rights of mankind wen
made infamous. The Ttuns who erected tn
fabric of British and American liberty were II
their day branded us infamous. The best men II
England were declared to be outlaws: the bes
men In England were regarded as crimlnn
wretches, unfit to be believed In any court or L
hold any Office of trust, protit, or honor
UNDERSTAND THAT
The men who said a few words in favor of tn
| rights OF the people, tho men who said few word
against sluvcry--in favor Of breaking the Ghains-
were regarded as Infamous. So that of all men,
am one who believes that the punishment render
no man infamous. II must bo the crime as
matter Of fact, Yet the law, having that power
where the law does render q man Infamous, 4,
J the purposes this argument, he is. But we know
as well MS We know anything, that II Is impOssibl
to make principles Infamous by declaring tho meI
! infamous who prOpOgata them. Wo know, as wei
Rs we know anything, that the cross, rack. or gal
lows never succeeded IN making principle in
famous. The gllows did not make abolitionisn
: a crime, but Johu Brown shed glory even upor
the gallows. And 50 IL has been
DURING THE HISTORY OF THIS WORLD.
What then Is an Infamous crime2 Whenever
| man commits u crime that shows a lack of com
mon honesty; that shows that the citadel Of hi
manhood has surrendered; that shows that tn
fng of honor has been hauled down; that trutl
has abdica!ed the throne of the soul that man
infamous, and he cannot be believed in any cour
of justice What Is this crime? Is II of that sort
Lei us see. The charge In this case Is that nn OH
Ger of the Government who had gOlemnly sworl
to carry out the law, who had solemnly sworn
his discretion hOnestly-thc charge is that thl
officer with other officers and my client conspire'
; TO rob this Government How? BY bribery, be
cause the Second Assistant Postmaster Genera
had to he bribed TO make n false decision; had ;
! be bribed TO corrupt his own dscrctiOni
HAD TO COMMIT PERJURY
In order to succeed in this conspiracy. And thI
money, the result of conspiracy bribery, pcrjur,
aud robbery, was to 90 into tho hands OF thes
officers. Does that show lack Of common hon
| esty About how much honesty did they huv
LEFT fer they got through with this transaction
provided II IL true that they did what Is charge
In this Information? Is conspiracy mn ininmOu
, ! crime? That depends upon what they conspir
TO do? How are we 10 lind what they conspirc
To do? Simply by the information, aud that state