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

sttution imposes, and these restrictions and re
/ strants are pCremptory upon the judiciary therei
they are statutory they are In favor OF the right
| ofthc citizen A case IN Abbott has been quoted
here and by.the.hye, before proceed TO read |
/ will remind Your Honor that IL was case where
/ the information was quashc because twas not
with the leave Of the court, and was before com.
| missioner and
THAT Is oSE or THE REASONS
given. Through the whole current Of the law
upon this subject there runs this nice distinction,
Which 10 ~ be res eced that severity Of inerpre-
talon In favor OF the right OF the citizen is TO be
considered always upon those occasions where the
pracccdings are before a magistrate or q commits.
sioncr or any subordinate, and not by leave OF
court. and u y0u rad that opinion which / have
before alluded TO, the opinionin2 Wood which was
referred TO Yesterday by my Brother Cook, and
which has been ndvetted 10 by others wherein
Judge Bradley In his clear and lucid way ex.
plains the law, you Will see that that was an i'll
struciion given by asnperior officer I subordi.
nate for the protection Of the community. IL
was not an allegation by Judge Bradley, that he
sitting In the capacity Of committing moGis'
trate would require such an oath as he would ro-
quire should be given aud taken in proceedings
| before q subordinate II was species OF instruC-
ton by him, speaking from the bench aud dc.
who were to administer IL. but who were subordi.
nate, and who should gladly LOOK mp to those who
were more learned, and more elevated because
they were more learned, for assistance and In:
| Struction, so that they should not stumble aud
commit errors. That Is no declaration of law,
and no book will be found TO contain any such
declaration Of law as would tie the hands OF q
Judge, such us you are, sitting in court such
as This is,
wrrii ABUNDANT AND AMPLE JURISDICTION,
,,,,h ~, ,,h,lo oI,oi, Of cr,,oinoi iurisdIctlon
TrtisdistISnE q; ample as c sMS kiniSs
bench 'cH-nuo iSs'ranSu oily tx or law ns
and statute. , ~ ~ heer inst suci' n corn
Se,ni as ea ,by uld be your instruction to
4 subordinate would be H. ,,en was mo-
would see that the right OF tie o.. Inc aotb
tected aud when the Information Min. e,,N,, =
appended to IL satisfied your judicial diSciS. ~
witch Is not arbitrary distinction al the win y.
Inc was onre said of tho thoncelors foot TINT one
Eharcellofs foot would DO SO long and another
chancellor foot so short-iis not that kind Of dis
erection, but II n known ascerudued legal dis.
tnotion and you exercising that known ascer.
taincd legal discretion, and governed by authority
S IsSs, win thS Syicnes M Itsntndencc
and mnderSinu,ling tho judicial nuiity that rreu.
lates the admin;tratioa ofths law q this eScnntty
you say, SO sitting ana win such lutlsdietHiI
the thing as it presents itself you remember
who j. is that presents e. you consider Il snd learn
ins0ect N and von 500 ihet ii Is unft OF thc very
body Of tho inf)rmatoIy wllcn Is specific nnl
| certain to every intent, anu, taxing tha'' you
''y '% T", rs enough :" r,,,w ,ror,,r.o
And then Won rcmemhsr-you do NOT rorret--,hat
that which tne Constitution reqnres l1r NE pro.
ncmnnt % bsTa by superadduon Of Inc oah
Of the ofRcIni. acting a tic law recognizes in that
case and in all other cases like character where
the question has arisen acting upon the solemn
Obligation Of his official oath. Now sir, let me cite
nm Indiana book If Indiana $50 In the case Of the
state vs. Ellison 1T is there stated that the tiigor
which II was predlcated charged the defendant
with the commission of the oncnsc, not
verify believed such is the character OF the All
dayt hut TINT seems TO us TO be Sufficient. Such
S tbe statI,ntory form of nm AFFIDAVIT FOR proceed.
Inc in criminal cases before Jistice OF Che peace
Ne Va ia ,'n,oi,,1, S,,,,, tynt 10 tat nor, h
statute which restraints and restricts, and vet an
oath Of lint kind where the statute poinls out the
form of The onth and imposes Il ms n necessity was
held 10 he sufficient. under the circumstances. /
,.iit do ,1sn a Kousos cnsc i'm State ys Mont.
~omery, Kansas Reports, by ID. c. Webb, vol. s.
p. 9jI:
Appellant was convicted Of the crime of grand lar.
twJ years III the state pcnltcntiry. Ofthb Judgment
he now complain; dallegos several errors and lrs
that the nf9rnatlon upon which nc WIS tried was NOT
Nefneu " WIS Netln,i w wv " ~ ',,uii
pnn % a c cnntoymsa,cs ynrIcaio by I'VE
prosecuting officer Us nn Official act party accused
mas rgh, 70 nreimmaity efn XIV nv,
s NH trIn Al snch Discrimination he can he hoard
NV ia counsel and wtnesses It IL made The duty Of
lie prosecuting attorney by tho sixty eighth passage
Of the Code Of Criminal Proceedure TO inquire into all
cases OF preliminary cxaminations which have re.
suited adversely TO inc accused 10 ms Judsmc,,t
no loriha a ogn. 10 w NV, sI,, " w.
s 9ng whc 6ems spproVe by liz court ,s termi
his s hG vet Il / s POTENTIAL IN vor Of c
defendant ns dc In,ornai,o : ,sala. thin him. m
that The Constitnticn prohibits the use Of this
remedy In cnses of oi,,ses that are Infamous bnt
before proceed 10 that will call your attention
| In ennnnriinn viii what have bcsn sneak{ug Of
| 4" mis- cxnrcsSion which comes from no less NJ,
authority than Buffers rfi prious and Bacon's
| Abatement,
Sr,,."e ,mc,ro,oons sov ,hc,c outborl,lcs mr.,
ever within he iudch discretion or the court an,
sSat diserrton viii ever be exercised to restrain
fong ana pnoe G ,nr eorss pg
cave ," u " us , s'"u ,u,, 49,, ,,.,-, :,
! read an?" "S"'' III D"'''"s" """ N'0'""'' 10
When tho opp,IcatIon materially concerns the pnb
lie T hepest tp court Viii srsSt an Information on th
, sole testimony OF IdrticeJS criRiiniM
Again in Holt, Rex VS.. Gait, p. 36i;
InrormntIon lies when the matter concerns publlc
eovernmicmt aud no particular person Is 50 concerned
Mark that language
iyhon matter concerns pub,lc government md ne
n,s,In,ar ,ssn, IL a. r,Ineornc i'm Interest as /,
,p,nintnin All action w y
Twill now proceed to consider the question,
wan NV" p,oo's w '.,,, ''''ss
Is TINS AN INFAMOUS offhNsE'
In the first place we are told everywhere In all
(, the books that have been cited that infamou
there is definition Of that phrase here which I
/ Ina production of9 very master Of the law, Lorc
HsS Which, ws ans wS by RS Gor 2
: was put IN prison whence Z TOOK its name Fiela
buI IL Is an authority N inc Jaw Sepemasd qPS n
. II running through az iaW WrHets, VOW 'hete !
Ssk yonr Honor TO read Il. Ishall not read
ne,y, w IT, ~ TSird rn,es Jnstituies mage ~
: / ~ W. ndf,tan chnn TX ,,nnn thc suGinct n
Snruerv oT necds nnIar tho caution Of Foryerv a
ol Nn,y 10 pc"a His ntin possogS her
,o,'ii ~, oNo WI, thin,, AMI ,YY"nid ia a,
Ian liz or Iearnin" Which, is mnneossSrv Vol
Il viii raad II mi this iS what n means and ,yha
n W., Is"a n' nu' '"s % """' i''""'' "'' WIN
"sa's ry,s 10 rur r,Snpo,so mr. IN.
ms 10 III" "h'''."i'' VI ~
Flea saith that crncn Ints ~ wlrIc one forgcs tn
:, private seal of the King or OF y private person to
decd Or 10 my pr,vn,o uoenn , or W. S,uni,i
nectlns a lnnui,Vs n,u MI ~ ,h ~ ~