The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-03-15
JUDICIAL FUTURE
VS., THIRD DEGREE
In the Light of Recent Events
in Buffalo.
VIOLATES CONSTITUTION
Practices Kowi Tolerated Thatare Merely Lapses
to the 0iscredted System Prevailing
in the Middle Ages on the
Continent.
A. Leo Knott in Baltimore Sun.

A. Leo Knott in Baltimore Sun.
| read with interest your structures in
this mornings issue of The Sun on the
conduct of the States Attorney and the
police officials of Buffalo in arresting and
search among the papers in the homes
of two ladies of that city in connection
with the murder of Edwin L. Burdick
without any warrant of legal authority
whatever. They are also reported to have
subjected these persons to what is called
the third degree" We have heard of
this third degree" before having been
practiced in New York quite frequently
of late 1t seems that New York or some
of its officers connected with the admin
istration of justice have gone back sew
eral centuries to the old and discredited
system of judicial torture and inquisi-
tion prevailing at one time through the
Middle Ages. and on the Continent of
Europe to later day, but now | believe
abolished even there; to the boot and
thumb-screw of the Tudor and Stuart
dynastes Nothing marks in my mind
more clearly the decadence of public
spirit and love of liberty among our
people and of the growing disregard of
the Constitution and its safeguards for
personal liberty than the prevalence of
these practices without comment or with
out rebuke either on the part of the
press or on the part of the judges in
many of the Northern cities. They are
.aY.ff sfat Her
of the principles, but of the clear and
express provisions of the Constitution
of the United States and of the Consti-
tuition of the State of New York, and,
indeed, of all the States.
Article " of the amendment to the
Constitution of the United States pro-
claims in language not to be misunder-
stood: The right of the people to be
secure in their persons, houses, papers
and effects, against unreasonable
searches and seizures, shall not be VIC
lated, and no warrant shall issue but
upon probable cause, supported by oath
or affirmation and particularly describ-
ing the place to be searched and the
persons or things to be seized"
Article V of the amendments of the
same instrument provides that no one
shall be compelled in a criminal case
to be witness against himself, nor be
deprived of life, liberty or property
without due process OF law"
These safeguards of liberty are found
in the Bill or Declaration of Rights Of
the Constitutions of all the original thir-
teen States adopted during the Revolu-
tion, as being among the most funda-
t1I
erty. Our State Constitution announces
them in almost the same terms in which
the Constitution Of the United States pro-
claims them.
What led to the adoption of these de-
clarations in favor of the liberty of the
citizen and his immunity from unauthor-
lied seizures and searches of his person
and house and their incorporation into
the organic law of the States, and sub
sequently into the national Constitution,
was an incident of then recent occurrence.
and we'll known to the student of English
constitutional history. The Private
Council of George III, in the year 1868,
had been deeply incensed by some severe
criticisms made upon its conduct of pub
lie affairs in No. As of the North Briton,
a radical newspaper of the day AS a
relic of the practices OF the courts of
high commission and the star chamber of
the Tudors and Stuarts a custom had
survived of arresting persons on what
We're termed general warrants without
previous evidences OF guilt or identofi-
cation of their persons Lord Halifax,
Secretary of State, issued these warrants
directing four messengers and con-
stable to search for and arrest the au-
thors and publishers of the Objectionable
publication, together with their papers,
and bring them before him. In three
days forty-nine persons were arrested on
suspicion, nearly every one of whom was
innocent of any connection with the pa
per But among them was one Dryden
Leach, whom they took from his bed at
night Gas the detectives in Buffalo took
Mrs. Paine and Miss Hutchison) and
seized his papers and apprehended his
journeymen. A writer speaking of these
lawless transactions, says. Armed with
their rowing commission these mesSen-
gers set forth in quest of unknown of
tenders; and unable to take evidence
listened to rumor, idle tales and curious
guesses. Gust as in the Burdick case)
Lord Halifax finally discovered that the
celebrated John Wilkes a member of
Parliament after whom Wilkes street in
our city was named (recently changed by
some foolish persons in our City Coun-
ellis into ridiculou- T7oit avenue), was the
author of the offensive article. He was
arrested under one of these Illegal war
rants, kept prisoner in his own house
several hours, un@~- ---''-o surveillance
they now call it. then brought before
Lords Halifax and Egremont, who, after
putting him through the third degree"
of that day, committed him to prison,
from which he was next day released by
habeas corpus. These Lords had il all
their own way for awhile. There was a
saturnalia Of violence and laWlessness.
But there came an end, and with it a re-
tribution. The journeymen printers
brought suit against the messengers and
obtained $500 damages Other plaintiffs
brought suits against these officers and
obtained large damages. Dryden. the
printer in addition to obtaining damages
in actions against the messengers, sued
one Wood the Under Secretary of State,
who superintended the execution of the
1xarro0tS pOt 400 4 Will.