The times. [volume] (Washington [D.C.]) 1897-1901, 1900-06-10

political offence may be designated as a
felony. crime. infamous crime. or misde-
meanor involving moral turpitude. by the
laws of the land whence he came. or by
the court convicting him. If the record
on which the Government relies is correct,
Fitzharris was charged with treason, cul-
minating in an indictment for being the
accessory to a homicide after the fact.
Technically defined and described, that
charge was a felony, crime, infamous
crime. or misdemeanor involving moral
turpitude. by the laws of the land-to wit,
Great Britain. whence he came. and by the
court convicting him-to wit, the tribunal
in Dublin. The manifest object of the one
who drafted this provision of the law was
to create long, vivid line of demarka-
ton between those who committed the Or
binary offences against the peace and In
terests Of society and those who were the
victims of a political agitation, culmi-
mating. perhaps. in the technical violation
of the laws of the land. There has been
no construction of this statute adverse to
my views with which l am familiar, and
how is it possible that this appellate tr.-
bunal can insist upon construction that
is manifestly against the sentiment of
justice!
Entitled to Another Hearing.
Notwithstanding: The respondents
below were entitled to rehearing under
the law. If this appellate tribunal has re-
ceived the record OF the Board Of Special
Enquiry on the day on which counsel were
permitted to appear before it, and that rec
ord is a correct one 1t will appear that
counsel for the respondents first moved
to dismiss the proceedings already had.
which motion was denied. He then moved
that the board direct the advocate for tine
Government to proceed with the rehear1ng,
all of which the board refused to DO. ana
there was no rehearing-a right which be-
ionged to these respondents under the
law. A rehearing in law means pro-
ceeding de novo where the testimony is
given, legal questions passed upon. and
proceedings had as though there had been
no previous trial. This right-this abso
Lutte right-was denied to these respond
ents. This appellate tribunal has the pow
er to reopen the case on that point alone,
and if it fails to exercise it. 1t is respect
fully submitted that the result will be
harsh and cruel to the rights of these
respondents, and crucifxion Of their le-
gal interests. If no such record has come
up from the Board Of Special Enquiry, or
il it is not as stated In this memorandum,
it can easily be established that the state
ment as to the rehearing contained in this
memorandum is correct.
"Ninth-This appellate tribunal has the
right, and it is its duty, to reopen this
proceeding and direct that evidence be
taken de novo.
"Tenth--It is clearly the proper con-
structior of all the laws of Congress rela-
tive TO emigration that they are not to
apply to persons who, not being convicts
at the time. or who. having received a
pardon from the Government under which
they lived. simply contemplate a short So
journ in the land at whose shores they
have arrived. That is this case.
''Eleveuth-All that has been ever urged
in support of the view of the Government
in this case ts tnat the system which has
always been pursued in cases of kindred
character has besn applied in its operation
to these respondents. This We know to be
inaccurate. because such men as Davitt,
Eagan, and DAILY we're allowed to land in
the United States unmolssted, all without
hindrance on the part Of the Government.
Why the distinction should be made
against these respondents is question
that the future must answer, because it
is entirely incomprehensible to those who
are made aware, by these violent pro-
ceedings, OF its existence"