Year: 1874

The Executive branch Of the government


started off admirably. The message was sound,


sensible, and statesmanlike. Its recommenda-


tions in respect of finance, indicate that the


President has been steadily growing in the


study and comprehension of the principles of


political economy, The reports of the DEPART


ments were all good; that of the Treasury of


unusual excellence. But the doings of the


House do not afford any evidence that the


members have learned wisdom by the lessons


of tie elections.


If there is any representative in the body


who might have been expected to look with


scorn upon tie arts of the demagogue, it is


VIM. Walter Phelps. He is gentleman of so


much culture and of such high character,


that he not only can afford TO be manly and in-


DEPENDENT but one would suppose it foreign to


his nature to be otherwise. Nevertheless, he


greved his real friends by an exhibition of


sympathy with one of the most pitiful speci


mems of cant and drivel which has disgraced


even these times of triviality and twaddle, The


pretence that the little amendment to the Grim


inal code of the District of Columbia passed


near the close Of the last session, had any


special application to, or was in the slightest
/


is in itself 'gae" of the most ridiculous sort


A disreputable journal adopted this inane


cry, and has continually croaked about il ever


since. Possibly its once chronic and fiagrant


infractions Of the law of libel, may have in


spired it with terror of any statute looking to


punishment of crime. Bn. in this instance,


there was not the smallest ground for its appre-


henson. 1t has pursued its slanderous aud


mendacous course, with unchalenged impu-


nifty, and furnishes in every issue the most con-


vincing proof thai there is no law to bride the


lcentious voice of as defiant villifier of


blameless men, as ever poisoned the moral at


mospheTe of any community. Yet at the bid


ding of such an oracle, the member from New


Jersey, the state represented in the senate by


Mr.. FrelinghuyseD, who reported the bill and


has already lucidly explained its object and


clearly shown that the allegation of its being


gas law is utterly unfounded, makes haste on


the first day of the re.assembling of Congress


to adopt the false Interpretation given to the


law, and to urge its modification iu such way


as 10 lend the apparent sanction aud approval


of Congress to the practice of injiscriminate


and wanton calumniation of public men.


Come what may enact what statutes you


please, there will still be an incuIable propeu-


sity on the part of unscrupulous and disappon:-


ed publicists TO outrage the propreties of lille


by base fabrications derogatory to persons


against whom they have spite. That evil


will last until a healthy public sentiment


makes such lying Improbable. But when


these assassins Of reputation have the effront-


cry to menace the national legislature, and de-
mand, not merely that no penalties shall be Wis.,


tied upon them, but that they shall be exempt


ed by special enactment from liabilities which


attach to all other classes, it is painful to see


slng,e instance of yieldinS to so mpudent


summons.


Clever as he undeniably is, Mr. Phelps has


made mistake in this matter. A little ham


less buncombe might be pardoned 10 a new and


young member, though the people are very apt


to see through such things. Bat to take Issue


with the experienced able and upright senator


of his own state, and gentleman learned in


the law, as to the meaning and intent OF bill


that bears upou its face the construction which


that senator puts upon it, and which simply


provides for the District of Columbia the same
code which already exists wherever federal ju-
risdicton extends, evinces more OF hardihood
than of wisdom. The movement will serve for
an ephemeral sensation, and the mover will
enjoy the dubious panegyrcs Of a certain class
of newspapers for season, but the law will
stand, ard the ridiculous criticisms which have
been passed upon it will die away without
leaving an echo. Anybody who has read the
very proper amendment of nine lines, con-
cerning which all this blatter has filled the air,
will find fresh cause for amazement hat an at
tempt should be made to impose upon popular
credulity by SO gross Misrepresentation of the
purpose of an entirely unexceptionab.e meas
ure.


Mr.. Beck of Kentucky introduced bill pro-
hibiting members of Congress from acting as
COUNSEL in cases in which the government was
a party in interest. 1t is not creditabe to that
body that there should be any ecessity for
such an interdiction. A sense of propriety
ought to restrain members from accepting re-
tainers where the matters of controversy can
by any possibility come up for consideration
before any of the departments or be the sub
ject of legislative vote. But Mr.. Beck violated
parliamentary decorum, by introducing the
name of senator who had acted as consel for
the N. Y. Central r. r. in a prosecution to re-
cover tax, which that corporation claimed to
have been illegally assessed by the commits
sioner of internal revenue. Besides being in
exceedingly bad taste, Mr. Beck's remarks
were obnoxious to censure because they con-
veyed the insinuation that the senator in ques-
tion had not scrupulously observed the dis
tinction between his duties as a legislator and
his rights as lawyer. He may have erred
through ignorance of the facts. but that is not
L.. fo,e rlx..1 hrao haf
privilege The truth of the matter is, that the
seDator named declined peremptor;ly to appear
in the case, until it had passed beyond the
revenue department, beyond congressional
action, aud had become purely a suit at law,
dependent upon judicial decision. At this
point, the application for his services having
been renewed, the plaintiff being corpora
tion of his own state, its shareholders mainly
his own constituents and the contest one as to
the legality Of tax already imposed and paid
under protest, his senatorial position having no
relation whatever to the litigation, he argued
the cause for his client, and obtained verdict.
There was not the slightest impropriety in his
acting as he did under these circumstances.
His course throughout was marked by a high
sense of honor and rectitude.


NO perSuaSlOns COulC luuuce nlm 10 ehter tue
lists, while any branch of the government had
the disposal of the controversy. He would not
take a position which could subject him to the
slightest suspicion of using cfficial influence to
effect settlement. But when the dispute re-
solved itself into naked question of law, and
was determinable upon the recognized princ-
pies of Jurisprudence when the right was to be
weighed in the scales of justice, the most in
veterate casuist would find it difficult to dis
cover reasonable objection to his retention as
an advocate.


Entirely different is the case of Geo. Butler
who acts now as the attorney of the informer,
and anon in behalf of the parties informed
against, in revenue cases which are finally to
be settled by the Secretary of the Treasury.


There the opportunities for the exercise OF lin
fluence'' are likely to be frequent, and MEM
Der of Congress ought to refuse from feeling
of self-respect to accept retaining fee on
| either side. 1t is misfortune that any Ie-
| 90 he nF