New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-07-25
JUDGE POLAND URGED FOE CON
GRESS.

HIS ALLEGED GAG LAW EXPLAINED.
HOW VERMONT HAS BEEN REPREsEyTED IN THE
HoUsE-MoRE CARE NECESSARY N SELECTING
CONGREssMEN
TO the EdtfOr Of The Tribune.
SIR: The approaching nomination of Congress-
man IN this district is occasioning good deaA of
discussion about the quality % our public men. For
several years Vermont has had no representative of
National reputation in the lower House of Con-
gress. While her Influence IN the Senate has been
conspicuous her delegation in the House has been
weak and inexperienced, and the feeling is general
In this region that If England is to re ain her
prestige IN the National councils more care must be
taken in selecting members of the House. which
hereafter is to consist Of 325 members. This feel
ing. intensified ii has been by the fact that Yer
mont, under the new appOrtiOnment, will have only
two representatives IN the House, contributed to the
nomination Of Ex-Governor Stewart in the Ist Dis
trict the other day. and has led many prominent
citizens to urge thar Judge Poland be again made
the representative of this district. Unfortunately
Judge Poland refuses to enter the canvass. There
is, however, some reason to believe that be would
accept spontaneous nomination. and large hope is
entertained that the convention will give voice TO
the feeling of those who do not live by politics. and
again call into pubic life a man who was
numerically defeated in 1874 That defeat was
due in Dart to local causes put more, perhaps, to
the suspicious mood OF the people in year OF pOli-
cal revolt, when good men well bad were
swept from Office because the people believed that
something was wrong in Washington, and TO the
QUERY that was raised about the so-caled Poland
Gag law. Never perhaps, in our history has the
power OF the press and especially the metropolitan
press, been used defeat a candidate for Congress
more uniustly than when IN 1874, forgetting the in
tegrlty the fairness, aud the signal ability which
had marked his Chief-Justce of this State,
and as the Congressman who had occupied the diff
fcult post of chairman of the committees on Credit
MOblier, Revision OF the Laws, and the investiga-
ton into Arkansas affairs, the press charged Judge
Poland with attempt against its liberty. The taos
are as follows The thirty third section OF the
Judiciary act of 1889 provided for the arrest and
holding 70 bail of offenders against the laws of the
United States and where the arrest was in diff
ferent district from that where the offence was COM
mitted for tho removal to such district for trial.
The first clause of this section says: For any
crime or offence against the United States, the
offender may be arrested and imprisoned or
bailed . for trial before such court of the
United States a. by this act has cOgnIzaDce of the
offence" When this act was passed. the
District of Columbia cid not exist. After
its creation and the establishment Of its courts for
many years removals Of criminals were made to aud
from the District under the 33I Section before
quoted, without any question being made; but
after the war the claim was raised that such re-
movas were not covered by this section Of the act
a. ne courts Of the District Of Columbia, unor-
ganized IN 17s9 had not cognizance of any offences
by tins Act. The District Judges had some doubts
about il, and TO remove these the Poland Gag law.
sO-called was passed The section of this act Of
1874 complained OF was in the following words
Section THAT the provisions of the 33 Section
of the judiciary Act Of 1888 shall apply to courts
created by act of Congress IN the District of
Columbia This is all there was to it, II the act
OF 1889 did not apply to the District of Columbia,
there was no law by which criminals who had
escaped rom the District could be brought back for
trial OF criminals from other parts OF tue country
who had taken refuge in the District could be taken
away Tor trial where the crime was committed. If
the old law did not extend To the courts Of
tae District 1t was for the interest of every
Iaw-abiding citizen that it SHOULD he made to
do So without possibility Of doubt. The press
however thought il discovered mischief in the act
ofIS74 The old Maryland laws IRE in force in the
District except % far as they have been modified
By Congress. or t. District Legislature, as was
provided by the act Of Congress creating the Dis
trict and the act Of cession by Maryland By the
old Maryland law libel was criminal
offence It was accordingly said thai if any editor
in any part of the country should publish libel on
any Government officer or any member Of Congress,
aud send a copy this paper INTO the District OF
Columbia. IL would he q puDHcalOn mere, 20 thaJ
the eli OF could ne indicted there ana u4der this
act Of 1874 taken 10 Washington Ior trlai We
don't know mo Intr duced the act OF 1874. III was
uOi Judge Poland Having been referred TO the
Judiciary Committee, that committee unanimously
voted 70 report IC TO the House tor DaIsstgo, but
upon the suggestion of j Judge Poland that It's form
mi IN be InI,Toyed by shortening as II rected the
whole OF the SD SectIOn and set forth the
doub,s of The Judges of the District he was APP
pointed 10 redraft il. thus II occurred that his
Effort 10 improve the form Of the law led to his
being held responsible Tor the alleged attempt 10
muZzle the press.
her Is no reason 10 believe that any member of
the Judiciary Committee every Thought OF e'utOfs,
newspapers or ibels when this law Was under dIs-
cn--lou VI hen alter It's passage the cutlery was
made iOurna lists we're reminded that there DO
sttut. of the United states making Ii le an offence,
ed that il was well set led that the Federal Ourts
ri no common law jurisdiction, that libel was
MOI an offence against the United States, unless 1t
could be proven that the OLD Mary land statute sur
viyed Even then, they were further reminded |
tb,t hhcI was not an offence or |
rhine TOR which removal could be made
under the old judiciary act, and that hence |
sfatemeu.s Is proved b. the fact tnat the Law Oi |
1874 h to-day uurepealed and unamended, and tIat
lt has occasioned no harm To any innocent person,
and no harm at all 70 any editor. Inc demand OF |
the nress induced some members OF Congress To
tempt the repeal of TINS act ia the winter OF |
Is7iJ75. The Judiciary Comm ttee OF the Senate,
TO whom the mater Was referred, composed OF some
of the abes lawY IN the country, reported Jnat
the law WAS perfectly JUST and right. nus ended |
the charges against judge Poland but the metro
Dni,a An Drr-s " hieh pursued him so vigorously IN
81 bas never vet acKnO~ lodged the MUS Ice OF
ifs acton Could II make better amends 1nan now
Ia assist IN recalling the public service one OF the
anirst and most experienced Legislators OF this
State : r.
T,I.r