The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-08-19
The Velocity OF Criminal Trials.

A correspondent to-day finds fault
with our comments on the recently pub
lished letter from the President to the
Governor Of Indiana, on the ground
that the letter was not addressed to
foreigners" and the inference they may
draw from it is not "of any particular
concern
The letter became by its publication n
document of serious importance, because
it described to everybody the internal
condition, in the opinion of the writer,
of parts of the United States. Ii be-
came of more importance by reason Of
remarks on the internal affairs Of Russia
which the President had recently caused
TO be transmitted to St. Petersburg. No
American wished his country to be- ex-
posed to tn quoque reply from Russia
or from any other nation.
Our correspondent fancies. we regret
to sec, that our country Is not wholly
free from the danger OF anarchy and
tyranny. Here and there, now and then,
there may be failure by the President to
execute faithfully the Federal laws, and a
failure by Governor Of State to exc
cute perfectly his own office, but there
is not a scintilla of danger of the over
throw of a capable supreme power, or
of anarchy, or of the rule OF tyrant.
Our correspondent need not harrow I'D
his soul and freeze his blood with such
forebodings.
Probably the very persons who now
so unlawfully obey the behests of Judge
Lynch would rise up to put down the
anarchy, or the tyranny, which there
is danger that foreigners may fancy the
President thinks in sight. If there was
real peril of anarchy, or tyranny, it is
quite certain that neither foreign capital
nor foreign labor would come hither as
now to better itself.
Our correspondent also thinks our
criminal classes are too rapidly increas-
ing, that escapes from prison are too fire.
quent, that failures TO enforce the law
are too many, and that "a little strict
military discipline, a greater expedition,
are what we want in the handling of this
class of individuals" Probably he is
not referring especially to offenders
against Federal laws, whom it is the
Presidents duty, as Chief Magistrate, to
bring to punishment, but to offenders
against State laws, with whom the Presi-
dent has officially nothing to do, unless
the State, as in case Of riot or insurrec-
ton, officially calls on him for aid
1t would be most deleterious if the
President OF the Federal Government
went outside the constitutional authority
of either to interfere in the existing UNI
fortunate situation created by Judge
Lynch in certain States. of that our
correspondent can be certain. The
President and the Washington Govern
ment should mind their own affairs by
executing Federal laws.
What the requirements of each and
every State of the Union may be regard
ing crimes and their punishment We
know not, but we do know that if our
correspondent will turn to the Sixth
Amendment of the Federal Constitution
he will find salutary rule, which he and
the President should think Of il they
would put an end to Judge Lynch. 1t
declares that, in all criminal prosecu-
tions, the accused shall enjoy mote
the world the right to "a speedy and pub
lie trial, to IAN impartial jury, ito be
Informed of the nature of and cause OF
the accusation, 80 be confronted with
witnesses against him. to have COM
pulsory process to compel the attendance
of witnesses who will testify in his be-
half, and, above ALL "to have the assist
ance OF counsel for his defence"
All of those things persons accused OF
violating Federal law must have. Prob
ably that or something like it is the law
Of every State in the Union. Its enforce
ment by trial is. however, the business Of
magistrates not executive officers. 1t
is the judicial and not the executive
power that is to regulate the velocity OF
criminal procedure. There are not jury