Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-02-03

senate ask the author of the resolu
tons to consent to it. 1t viii delay
| them very little. They can be brought
| up tomorrow They can be printed this
afternoon and be passed to morrow and then inme-
dately transmitted as he desires. ask the lawyers
upon this floor to forget for the moment the sympa-
thies that they may have for these that arenow
in Jail. ask them to forget everything except the
plain, simple proposition if they think it is right
for the Legislature to pass resolutions rejecting
upon coordinate branch of the Government, or,
| if may use the expression, branch of the Gov
ernment over which we have no control because
the United States Courts are above and beyond the
control OF the Legislature of this State The United
States Courts are something over which we can ex.
ercise no control, either by resolution OF by law
and ask those lawyers who voted for these resolu.
TONS believing, as do that they voted for them
out OF sympathy for the men that in jail ask
them if they are prepared to say by their
votes that they wish to east this reflection upon
United States Court? And in conclusion, ask the
author OF the resolutions to agree to these changes
that have suggested, and permit the resolutions to
receive unanimous vote.
Mr. RowELL,-This resolution was introduced in the
Senate about week ago. AT the suggestion OF the
Senator from the Eighteenth it was placed upon the
file, and was not acted upon at that time 2s re
quested. On last Saturday it finally passed this
Senate. notice was given at that time that mo-
tion to reconsider would be made the following
Monday 1t has been postponed from day to day
until to-day To-day the Assembly has called up
this same resolution and passed it by unanimous
vote. see no reason why the resolution shouldnot
stand, it has already been passed II were not
familiar with all OF the circumstances attending this
settlers / might be at liberty in this
respect. AS far as those words are con-
cerned 1 do not think that they will either add
to or detract from the influence that this resolution
would have with the President of the United States
But do know that this matter has already been
delayed that these men for more than week have
been lying in Jail, believe, unustly. Even Courts
sometimes make mistakes in their decisions. The
iu6 gment was discretionary with the Judge. 1t
was aot necessary that he should have made them
the victims OF the penalty Of eight months imprison-
ment and $500 fine, and all the costs OF the suit,
amounting to 81 600. Now If the Judge was wrong
in his Judgment is it not possible that he may have
been wrong in his Judgment that they were guilty
Individually do not believe that these people were
legally guilty. l do not believe that they went
there with the intention OF preventing the United
States Marshal from serving his writ. From an
intimate knowledge of these people; from
al intimate personal acquaintance with
them and with all OF the circum stances
a tending the difficulty of that day upon which five
of these settlers slann fact seven OF the peo-
pie of that country-I do not believe that those
people intended to interfere with the United States
Marshal. They only asked the railroad company
that they would defer these ejectments until the
case that was then pending in the Courts would be
decided by the United States Supreme Court. 1t
was all they asked and they all said that when the
United States Supreme Court should decide that
they were entitled to these lands they were
willing to yield and give them up. They we're tried
for alleged interference with the United States Mar
shal. They were convicted The resolution
simply says that they were tried for an
attempted interference with the United States Mar
shal, and that they were convicted. We do deny
the conviction. | do deny that it was just con-
viction. Now, see no reason for further delay
see no reason why this resolution should be re-
printed. 1t will delay it perhaps arother day, and
will then give an opportunity, when it comes upon
its final passage for another motion for new trial.
| The Assembly has already passed this resolution
| Uithnut 1isSantinp voice | had
hoped that this Senate would pass it also without
dissenting vote. certainly see no reason for ac-
cepting the amendments that have been made, or
for reconsidering the vote by which passed this
last Saturday, and hope we will not do So
Mr.. DICKINsoN-Mr. President, it seems to me a
very strange proceeding that We should be called
upon hLre as jury, to pass upon question OF fact
which is involved by the language OF the preamble
to this resolution. Should pass this resolution
to criticise tribunal which has power TO elicit al
the facts upon both sides OF the question, which has
done so and which has arrived at conclusion? ?
The word "alleged here is very obnoxious to me
under the circumstances. 1t is stated here that
these parties have been sentenced for alleged inter-
ference. Now, if the word alleged" is properly
used there, it naturally results that there
was real interference, whereas the Court has
found them guilty of interference. Now we are asked
to say here that that Court made mstake-that
the Jury dsregarded the facts in the case, else
that the facts not presented to them Now
dare say that in the days occupied by that trial
more light was thrown upon either side of this case
than could get by arguing the proposition for a
whole week. There were two Judges who sat upon
the bench during the tr1al OF that casea District
Judge and Circuit Judge-and jury of twelve
men acceptable to the defendants as well as to the
prosecution. The whole power OF the Court-the
expenses OF obtaining witnesses were paid by the
United States Government-and that power, the
power Of the United States Government, was
in the hands OF these defendants to procure wit
nesses in their behalf. They have not paid any
of the costs of this prosecutions and were not de-
i,,1 l-tnsgf fhair bn only
pense they had to submit to as Court costs were
those of counsel. Now, think before the Senate of
this State undertakes to say that Court has not
performed its duty, that Court and jury have
violated their oaths have failed in the performance
of their duty as citizens well officers in the
administration OF the law / say We should
hesitate. 1t may be triAing mat
tier to pass resolution Of this kind,
but do not consider it so. Therefore l say here
that we should cry "hold before passing it with
hese innueudoes which appear In 1t. With regard to
another matter which the Senator from the Eight
eenth has mentioned, that should properly go out
also "whose offenses against the law, if they have
committed an otfense." The Court found them
guilty Of committing an offense and sentenced them
to certain punishment. The law-abiding citizens OF
this State, at the present time, up i'll arms at
the tardy administration of justice and the result
of several murder trials in this State during the last
three four years has excited the highest popular
indignation, and it is common remark, heard
upou every hand that the murderer escapes, he
cannot be convicted ; but let a conviction follow a
prosecution then called upon to exercise our
sympathies in behalf OF the convicted Not in this
case particularly but in other cases. recollect
murderer, who murdered policeman in cold blood
in San Francisco. He was convicted and sentenced
to be hanged and after awaiting the day of his
ecution-the Supreme Court had affirmed judg-
ment, and there no hope of his escape except
by pardon-why there were several societies, con-
sisting of both and women, who used to call
upon him, and weep over him, and run
around aud get signatures to petition They pre-
sented the petition, with those names upon 1t, to
the Governor OF the State, asking for the pardon of
that man ; but he declined to pardon him, and the
man was hanged and the law abiding portion of the
community rejoiced that he eXpiated his crime
Now, we are asked here to convict Court-the
Circuit Court of the United States-of having un-
Justly dealt with these men, in conyicting them of
Interference, while it only an alleged interfer
ence for which they were being tried in
taken place Now, | would strike out and
shall move to strike out, OF the resolu-
ton these other words :" and these men have
already been sufficiently punished. | say that,
the stands at the present time, precuded
from going into the merits OF that question, and
making up our judgment upon it. AS the case
Stands at the present time, these men have been
convicted of offense They have been convicted OF
interfering with the United States Marshal in dis
charging his duty and il there interference
at all it calls upon the highest power in the land to
convict that interference. say again that the lam
guage "if they have committed an offense"
have not committed an offense, the
trial has been mistral, and these
men have been wronged. and there is an appeal,
believe, to the Supreme Court OF the United States
if they have been wronged iii this matter. Now
say that ii these men have been properly convicted
in that Court and there is no man on this floor who
dare gainsay it, if he be law-abiding citizen and
believes in the administration Of the laws and in
the purity of Courts, these men stand here
victed of an offense. 1t may be matter Of judg-
ment as to whether they have been sufficiently
punished for an offense of that magnitude 1t is not
my opinion that they have been sufficient
ly punished. | do not look upon the
question of costs OF prosecution as cutting
much figure in the matter, for the sentence of
Imprisonment is the only real punishment un-
derstand that these men are poor men, and believe
they can thirty days. after this term expires,
and then they are allowed to make affidavit Of their
inability to pay, and go free That, believe, is the
law.
Mr. ENos-They have to serve these eight months
up.
Mr. DIcKINsoN-That is what cay; but under.
stand that the expenses of this prosecution are
81 000 and that by serving thirty day s longer and
making affidavit OF their inability to pay the
costs they are allowed to go free. hope the Sen.
ate will hesitate before it throws more mud upon
the administration Of justice. 1t has Just about
much mud upon it now as it can well carry in this
State. We had bill introduced here in the earlier
part OF the session which caused great deal Of dis
cusson, and which everybody thought there was
really more in than they willing to admit.
Mr.. CHASE said he was not surprised that his
friend from the Tenth Senator d cknson) should
take this ground, but he knew that he was man
who wanted every ounce of the pound Of flesh tha,
the law allowed, and never had any sympathy fol
the people. He was surprised, however, at the DO
sition taken by his distinguished friend from the
Eighteenth, whose heart usually beat in sympathy
| for mankind. The resolutions were neither a con
demnation Of the Court nor Of the Jury. They were