National Republican. (Washington City (D.C.)) 1872-1888, 1881-11-09
ereupon the court adjourned.
VIZ. n. II. Brews,cr.s Argument.

iheleupOh We court ADJOURNED
-
Mr. n. n. Brrwatcr'a Argument
Nav 70 ,,iooso d. f,o,,rt tLooct ~ ron.
press ~ M 40 ma ,n,o, ~ ciainoed
10 be dine upon these st0rreute contracts Contained
reservation almost commanding public pros
ecutlou and feservnp the right 10 the hubble TO the
sovereign Uhe United Sntesl to proeecd by public
prosecution, u i was necessary That reservation
command from Congress to present these matters
OF ooYnplains, Accordingly when General Gar.
field became President, aching upon that COM
hand, and when Inc 6rst oppoftunity offered for q
INSTRUMENTATION and the way was opened by the
" tnsrSor on , ms aocusrp
AnNNOh y. ~ Neee9n ,s..y
rom the possession OF the documents, eyi1enoss
IL0os S wy ~ atept etyissd he
hin, for he was N earnest upon this subject That
Investigation was proceeding as. rapidly. as the
that ffighi fi tragedy took place that shocked the
moral sense and sympathies q The whole people,
nss . SSsa$s SS Ss s@sS % Ss s sS
iyzed.. Here those proceedings, then, for a while
paused
q, Tho prcs,don, Or s,ot dc lime ~ MIC ,cs,b Il
Snos discnvased ,hot thIs no,,aint phicb ,ya no,v
present and which Is die subject OF yonr consider
were moi taken the statute of limitations would
har tho oomniaint Accordingiv N become A
necessity 10 Institute these proceedings They
were not instituted from any desire ON the part OF
counsel who were retained In the case OF those
who were engaged at the command OF the Gov
ernncnt IN prosecuting. them, OF avoiding the
binary methods Of orderly litigation In such
proceedings They were instituted from necessity.
The opportunity 10 know in time whether
THESE PROCEEDINGS SHOULD NE nEsUN
,es. mt ot,an % 49,. f,,o,,,,,,a, o,a he nsRcie,.
until Inc adminIstre,Ioi ~ TenSfoi Garfield be.
san ~ ,bs y M " ,,sr.. ~ ~ ocss
he ,ocnmens and ne napcSs I'M hcineH ~ ~
veal this condition OF thiIqs would not expose
them, IN fact none of those things which were
essential for the proper prosecution OF any Of these
Proceedings were within the possible reach OF any
Investigator For our parts-and speak for my
colleagues and those whom represent, and who
Immediately instruct me-we would have pre-
ierred 70 present a bill TO the grand jury We
would have avoided the necessity for this cx-
tonded argument and for
ALL THESE unrEcrssARY aRrRoAcnEs.
n I'm yonr on,n,on me nrocsedin,' 10 no.,,,vo,v
,sn,t 49,. a"u ,It i ,h ,u 'n"' dn AZ Muoru
nrrfedent. n In your ont,,In, no. ,rdao s,,cb
would be the absolute and unqnestioned result,
let II be ~ declared, We have done our duty:
yvu VIII do y6rts, Md tho law wifi be maintained.
We wish 10 strain nothing 10 press nothing un-
duly, but We want the Judgment OF the law. 70
Into this case. Down 10 this point I had no con-
necilon with II. When was first invited 4 was
hSuSsnmey aSs 10 Soe' ine m oe Other
professional engagcIr,cnts would prevent my ac-
cepting, as 1t would
coseuNp ca ,tuctt rrsr
sod ,oro mo Gov, hn,no snv a, th,s i,,c,uro
CANE mo THIS case tbs niormatlon ama 1n,s s
n tha nuf all xVa euhtnitfp1
a. nc end eya,ninsd \, viii care md came M
the conclusion that that which was proposcd 10 be
done. and the manner In which Il was presented
by the papers TINT were preparcd wns we'll done
donc arcordino 10 tho forms and nrecedents of the
law and I stand hero 10 maintain that I know
thst II have ysuv r,.,,,.,,. ,.v - n,nso,u
aa,,n,,so ~, - a.',,,s.,,, ,,,,"r, ,,,o.o
have 70 eoncuuc m an, atgu,n N, upom 'n ne,
has been MS fully nrSned MS any case ever nearu
can do but little else iaan sNpinlt what nus Deeh
sented The object OF counsel is NOT merely to
assist the litigant In case Ike this. 70 Hiu
The Court, and the counsel Is wanting In Ss duy
IL he does not aid tho Court. lie must AID uic
court, not by idle and by-the-bye remarks, but as
neaIly g ms aDlliiy ana iearnlhg VIII permit MN
fnrc entnS inpo me hody az me nrt,5ncnt shall
briefly s,vLhricNv from necessity and briefly from
tncJjSaf i93n, fbat zoo III moi leslie ~
~ -. . ~ w Wv nv " '..,.s., ....
TO URGE THIS COURT TO STRAIN THE LAW:
npar ns reasE Made ep bY ib
Court to Lord Eldou In the cnse Of WELLESLEY ys.
The Duke Of beaufort. reported In ! or Rnsselrs
Chancery Reports. lie said: Thatlawyor Is lack
ing In his duty who endeavors to strain the prnc-
tce OF the court or the principles OF the law, or to
experiment With either" And we are conscious
OF that We know our duty, aud wish TO make no
experiment with or TO strnin the law, hut we want
the law. III were 10 consult the impulse Of my
own eonvletsms ! WOULD st down now an nna a no.
scious 1 as so'u 'u''"''' 'e'"u'0 a"' pe''e'''
EVERY LAWYER MUST M.
Law 49, ,a ~, bn' A..
UNI, .at e nc presene9 ut 70 ls I1ur. ~ we
suo!ect nus peen presented. sue ~ sue win tnc
gentlemen, though not tofether-those who are for
"o NY au ,nuso wio ny Ior VIZ s
s, Sia ~ so n d % % ~ ~ ,,s
shovgn,s ou. 10 u'nerent eng. ING nu.horittie.
, ,ha. We knom tmcy hnow tne nu,mor.,es .h !,
us And would 70 Willingly. and under other cir
T, ~" m ~ u'o ". cni,
public iinpoitanee attached to II viii not pesrmii
hi. casc ,vhasa IN 10 no,y ave-. ibannh Rave so
formidable n gentleman TO follow meeformidabIe
IN HIS known ability formidable in the array OF
counsel who have assisted him, and formidable
in the authorities which he will present and en-
force. This is not
A CASE OF FIRST IMPRESSION.
not case that VIII permit me In q rambling way
on ne roDns,,o IN, snoL a, pni ., NV
etis,on,ing 20 ,roa. Z, IN ,bot cin ~ i n h ~
chpracser ~ IN Vi e c ce "p ~
indicated anihoritv n any case ever was sboi nre
sened ITSELF to court Of justice e sVe Il w%s must " sn
tipns that arc s,,hni,,e% a. W.
pication to yoyir mind for yo,ir indnment. and 4
must stand upon those alone. All extraneous re
f nec,ions upon subjects that might urise out 0
points have long since been adjudicated, are. as
said by the by and irrela,ive Let mo do
ana Ia, ms, anaoo no 81 so,a ,,t,a'i ,
few miu5ies ago ~ brine ynr MINI, MIMI no 1e u III,
wide field Of Ss authority which yon have Sefo
s a, as Hu posses, omi 70 , s9ihe rev atnoi
ne y, t , .,,u ~ ly @ %
~ w. s,,'oiee VIM I'M, W po not olIy Wy
@ Ill., express
~ .e dssnii consequcnees irpul nose tnm
III 3 u,IiS.y ru,v VIC vhse " NUS oefn san
Mich hos ha., az "a i ,',s naa az, w wv INV
me. To be sure in almost every ense Where thcy,
Is great feeling and much at stake mnoh Is SAID
that had better be unsaid. Desperate men Will d,
desperate things; desperate cnscs win requir,
desperate strains Of the law YUu have been fol,
here that this method of proceeding is
uSKsoyN To riIp t,w urup
MI, -. ~. a, =, -. 80. ~, 70
lnht ~ not ~; lnht ~ an error ~ nm not mis-