National Republican., 1881-11-07

quences of it-al its legal aspects have been IA.
miliar. The judicial history Of this country and
other countries seems TO have been searched with
great zeal on other features ofhis the question
0ilniamny being one Thewhole field OF English
history has been surveyed, and suppose Ameri-
can judicial history also, and yet II Is not within
tne compass Of their power TO present TO Your
Honor one case which
WILL COMMEND THIS PROCEEDING TO you.
Nothing is to be said about IT, I do not know that
u Is necessary to say anything about the legal Of
iect OF the right of Congress tosuperyse the action
OF tho departmcnL In this respect ] DO not
care to discuss that with the Court Here
Is a case, however, in 2 Exchequer r., in
which IL was held that q subordinate officer com,
mitted trespass in the exercise Of his Official
power. He reported II to the Secretary of War. II
was clear that he had no right TO do the act which
he was complained OF for doing, and yet the Sec
reIary Of War ratified the act. The subordinate
Olnccr VINO did the act was sued In trespass by
the party injured by the act and the court In that
case held that the adoption of the act by the Sec
wrongful character; that il became an act OF the
government aud not an act Of theO1icer; and al
tn0ugO illegal when done--and II not ratified the
oilcer would have been subjected TO n liability for
doing it-yet tho report of IL to the Secretary of
war, ana MS adoption OF 1t entirely relieved the
ollcer' ana l. operated, the court say, as q com
lnand TO him TO do the act in the first i'll.
stance, Just like the ratification fany unauthorized
ect where the ratification operates rs a substitute
for command
TO DO THE ACT IN THE FIRST PLACE.
, The law here contemplates in its administration
that everything done In the Post Office Depart
ment shall be reported to Congress. That is the
tne acts of the POSt-Onico Department. Your
Honor remembers that, by the Constitution, Con.
gress is the supreme authority over post roads and
the mnis. IL is certainly not q question that is
left Indicated by the Constitution. Now, Congress
mas provided how the mails shall be carried aud
what report shall be made to itself touching the
carrying OF the mails. This party did make this
report. The Postmaster General no: only adopted
these acts, but he reported them to Congress, and
Congress ordered an Investigation That is n
matter of which Your Honor will take iudiCinl o.
ucc. IL does not have to be pleaded. Congress
ordered an investigation and aiterwnrd made an
appropriation oil the money to carry out these con-
tracts. Now, what Is the crime here? Is II the
doing of an act which is in itself legal2 No. II Is
the working out of result; 1t Is the
ACCOMPLISHMENTS OF A PARTICULAR THING.
The Government is alleged TO have
lost some money. That is the theory, aud
upon that theory alone Is this prosecution
to be maintained. The Government has
which L ought now to have 1t has not. Who is,
under the laws of this country, the supreme GUS
todian of the money! Who has the final DISPOSE
tiqn Of the public money! The courts? Not at
all. Who can judge OF the necessities or cxpedi.
ency Of appropristing the public money! Ger.
toinly the courts cannot, but Congress may. ltisa
question that is peculiarly and exclusively within
its constitutional Jurisdiction. Under the rules
which Congress has made for the government OF
itself IN the distribution of the public money they
found these facts under which these contracts were
expedited. IL then ordered special and vigorous
investigation. IL has discovered to itself all the
law is passed that ifnny OF the acts were necessary
TO be known by the body before the passage OF that
law those facts were inquired into and learned.
Ihe mere, exercise OF the power BY the
legislative department Of the Government is con.
elusive upon the courts that the iacts were found
by the Legislature Here is an appropriation 10
supply deficiency In the mail service, which de-
ilciency was brought about, according to this In
Formation, by reason OF the expedition here COM
planned OF The second count OF this information
urges that they did not pay any money on these
contracts; that they had reached point where
the appropriations had to be made before money
could be realized on these contracts expeditions,
or increases. According 10 the allegations Of this
information the money was still in the hands of
gress. The Constitution prohibited any paynent
ofpublic money except by act of Congress. No
money had got out of The Treasury. This appro-
priatiOn was commended to Congress. The cir
cumstances called for II, and then
CONGRESS ny LAW APPROPRIATED 1T.
Now, are there in the tissues and in the cells
and in the cavities of this law, in its preliminary
stages, elements ofa crime that Your Honor can
search out and punish or are tn all swallowed
up in the legal effect of the law .self? This is
certainly All extraordinary thing. Colonel Bliss
said yesterday II the executive officers could not
be held to a review in this court of their own ac-
ton the time would come when members of Con-
gress would plead the same privilege. II seems
that this Is but the feeble beginning of what is to
follow: that hereafter this alleged conspiracy is to
expand itselfso as TO bring in not only the execu.
tive officers of the Government but Congress, aud
Your Honor Will find yourself soon, under the
principles of this information, with members of
Congress and executive officers of the Govern
ment filling the corridors of this court in the
pacty of defendants. Is not that an extraordinary
theory 10 be pronounced here in this court That
certainly never was anticipated. But 1t is only in
keeping, If Your Honor please, II seems TO me,
with the
SPIRIT OF THIS WHOLE PROSECUTION.
/ do not intend to bestow any criticism on this
prosecution other than whatit is justly entitled to:
but there are certain things that are, know, un-
fair there are certain things that the chiyGlry Of
the people do not tolerate or regard with favor.
In South Carolina, just after the Revolution, when
people were somewhat alive 70 their rights, an in
dictment was found. The grand jury, suppose,
as II was against public officer, thought best 10
let the public know about 1t as soon as possible, in
order that the public might know the remarkable
fidelity with which they had discharged their
duty, and so the indictment was published IN
newspaper before they filed II on the records OF the
court The court, upon its attention being called
TO it, assigned this among other reasons for quash
ing the Indictment: That the charge having been
made In the public mind before 1t was made In the
court the proceedings would not be tolerated. and
therefore the Indictment was quashed. Here Is a
proceeding which Mr.. Bliss says has established
such
FIRM GRASP UPON EVERY MAN
designated rs a defendant under It that throughout
the limits Of the country they are odlous-" infa.
NOUS" believe, Is his language. The Govern
strumentalties TO accomplish the inlamy OF these
men in the public mind before they have uttered
Il word In their defense. Before this case crossed
the threshold of this court before this paper
reached the files Of this tribunal, the alleged" in
fanny" of these defendants has been known
throughout the land. Is that q fair prosecution
Is 1t not of gravity to outstrp the gravity Of any
alleged act that these men have been guilty Of for
the Government itself to deliberately poison the
minds of the people who are TO try these parties II
they are ever tried? This information came in
here
PRINTED IN THE NEW YORK PAPERS
on the very day It was filed, as understand, sent
through the medium Of the Associated Press the
night before.
Mr. Cook-If Your Honor plense that may be
ant mai ha -
for me 10 remain III my seat and near uncOntTa.
dicted such papnblc aud uufOunded misStule-
mcn,s Of facts. 1t Is not true, no matter by whom
the assertion Is made, nor by whom suggested,
that this paper was given by any one connected
with the Government to the press, nor Is II true
that It was published in the press until it was filed
IN this court The gentleman has drawn fancy
sketch.
Mr. Chandler-Do understand the gentleman
to say that the substance Of this Information was
not telegraphed TO New York the night before 1t
was filed IN court?
Mr.. Cook-I so assert; nor was 1t known to any
Mr.. Chandler-A very reputable gentleman told
me that on the morning u was twas received
here printed in the New York, papers, which went
topress about three or four o'clock that morning.
Mr.. Cook-The gentleman who told you that Is
close relation to the father Of lies,
Mr. ChGndlcr-He may be Of close kin TO the
prosecution in this case, for all know.
Mr. Cook-les, sir; that is quite probable.
Mr. Chnndler-I viii not undertake to search out
Its pnrentAge, but If were driven to Il know the
first place would resort TO.
Mr.. Cook-ThNt would be only the second error
you have committed, and the second misstatcmcnt
you have made
Mr. Chander--It would be quite nm excusablc
error, considering the source OF my information.
Mr. COOk-What desire TO say Is simply this
1t is nota question flaw, but such mlsstGtemcnts
of fact ought not 10 go out % the country unre
buked, ana IL the gentleman could give his credi
BILE authority we might attach some weight to the
statement,
Mr. Chander-The gentleman denies that It Is
so, and he having the best information on the sub
ject, accept his denial and only say that was
mist ken. understood that il was 50, ami stated