Year: 1875

mauded-The Indian Frauds-Anether


Democratic RascaIity.


New YORK, July 26, 1875.


Just while we were debating the question
whether the Court of Appeals could have made
mistake in expounding the law, Mr.. Justice
Donahue of the Supreme Court comes in with
decision which is likely to make contempt
OF court very general offense among fair
minded men. His ruling will unquestionably
lend great deal of adventitous support to
the growing opinion that our highest tribunals
are frail and fallible.


Mr.. Tweed's lawyers demand a bill of par
ticulars in the criminal charges against him.
Mr.. Tweed's confederates had previously OBJ
taned felonious possession of the documents
necessary for the compilation of the particu-
lars and burned them. Consequently IL JUS
tce Donahue's Interpretation of the law is sus-
tained the prosecution of Tweed will come to
nought, and Mr.. O'Conor will be obliged to add
another to his list of the victories of the Ring
thieves. Anybody who supposes that this
sort of jurisprudence will be accepted with
complacency by plundered community is
CsicSiOuoiJ ullStdheu. Iu6 axiom Is as SOunQ
in law as in morals that criminals cannot take
advantage of their own wrong-doing. The
robbery and destruction Of the vouchers was
one of the earliest misdeeds Of the "Ring''
after the grand exposure of July %, 1871. 1t
amounted to virtual confession. But subse-
quently several of the guilty accomplices
were induced to make damaging revelations.
Gradually the facts of the gigantic embezzle-
ments were disclosed and by a laborious and
skilful process of arithmetic the whole mo-
dus operandi of the thievish gang was demon
strated with mathematical accuracy


The witnesses are at hand The stolen mon
eys have been traced to their recipients. The
chief culprit is summoned to confront the
twelve good men and true" who are to decide
his fate. And now, forsooth, technical bar
rier is interposed and the couasel for the peo-
pie are required to produce certain papers
known to have been put out of existence by
the connivance of the accused party. Nat
urally enough, matter-of- fact lawyers indig-
pantly exclaim: ''if this be law, why then law
and justice are utterly antipodalp' And as q
corollary TO this rea soning they are drawn to
fresh consideration of Mr.. O'Couor's pungent
arraignment of the opinion of the Court of
Appeals in respect of cumulative sentences,
and to higher appreciation of its soundness.


The members of the bar, as a rule, depre.
cate the act of the eminent advocate. That
was to be expected. The doctrine of divine
right is not more sacred to monlrchists or Of
Papal infallibiity to Catholics than the super
stition that courts cannot err is to the average
lawyer. To doubt the oracle is to diminish the
aharx hs.r 10; Tha sad.
ence of pride and pelf tend to strengthen the
loyalty of the bar to the bench.


If this brave pronunciamento had emaaated
from any man outside of the craft, or from
some less distinguished person within it,
the denunciations that would have been
hurled against it would have taken more
aggressive form than words. The clamor for
fine and even imprisonment would have been
general among the lawyers. Some of the more
indscreet critics suggest such course of treat
ment in the case of Mr.. O'Conor. Nothing so
unwise will be attempted. II the affair could
be pushed to that extrspity, vast good would
come OF it. Such proceeding would inaugu-
rate a reformation in our whole judicial system
which could hardly fail to result in makingit
comprehensive, expeditions and to ressona-



There is nothing which so much needs sweep
ing amendment. In minor as well as in major
points the corrective is equally necessary. The
verbiage which encumbers the simplest action
at law is an affront to common sense, and
benefit to nobody but the scrivener and the
paper maker. A graver mischief still is the
lapse of time in every suit. But worst Of all,
the maze of technical difficulties into which a
suitor is plunged the moment he gets into
court, whether as plaintiff or defendant, keeps
him in jeopardy all the while, no matter how
absolutely right his cause may be.


Precisely howlthese chronic evils are to be
remedied is a matter for careful deliberation.
But that they should be rectifed speedily
seems proposition too obvious to be disputed.
If we cannot have such grand opening up of
the defects complained of, as would be sure
to follow an arragnment for contempt of the
foremost lawyer in the country, why then let
us hope that the discussion of his trenchant
illumination will concentrate popular observa-
tion upon this fossilized relic of antiquity, and
lead to ageneral demand that 1t shall be rebuilt
with all the modern improvements.


If Professor Marsh can do anything to check
the rapacity of the Indian traders, he will de-
serve well of all lovers of humanity. From
time immemorial this business has baen a
source of inordinate profit to select few who
have managed to find out how to pursue 1t
shrewd!y. 1t is no worse now, probably not
so bad, as it was in the old Democratic days,
only we hear all about such things at present
and then not word was ever said. President
Grant was the first executive who ever devoted
any especial attention to the ameioration OF
the condition of the aboriginal tribes. He in
stituted the commission through the agency of
which We have begun to get some reliable in
formation concerning this branch of the public
service. The savages have been brought
into nearer relations with the seat
of government, and becoming aware of
their rights, are growing persistent in asserting
them. But the traders will not relinquish their
remunerative traffic until they are forced to,
and contest with them is thing which can
not be settled in a moment. The President
will do all that is possible TO be done, to inn
prove the service. He is heartily in earnest in
the wish to protect the Indians from spoliation
or extor ton.


Partisan newspapers are indulging in charac-
teristic comments on the fact that brother OF
Gen. Grant is engaged in trade on the frontier.
That happens to be true But he is not there
in any official capacity-he holds no federal ap-
pointment nor is there the slightest ground for
the assumption that he went there at the in-