Stephen H. Branch's Alligator, Vol. 1 no. 20, September 4, 1858
History
Stephen H. Branch's Alligator, Vol. 1 no. 20, September 4, 1858
New York (N.Y.) -- Politics and government
How long has Mr. Barnard learned that a convicted editor is a mere
felon? That he should be maltreated, disgraced, and placed even below
the level of thieves and malefactors? The case of Mr. Branch is probably
the first on record, wherein a man condemned for libel was compelled to
submit to prison discipline, intended only for a minor class of felons.
But as this case has occurred, it has afforded to our people a fair
opportunity of judging upon the irresponsibility, we will not say
imbecility, of an elective judiciary. Catch the most insignificant
errand-boy in the nearest lawyer’s den, and he will give you a better
legal, if not more humane, exposition of the true genius of the laws
than was publicly enunciated by Mr. Recorder Barnard, who indirectly
repudiated pure maxims of jurisprudence, and substituted vagaries of
vengeance. Let us, therefore, profit by this casual display of
sentiment; for say we to all quarters of the city, with a voice as of
that of a watchman in the hour of alarm, that none, not even the pure
and guileless, are safe while fantasies such as these are suffered to be
fulminated from a criminal bench. And likewise mind, we draw a grave
distinction between our civil and criminal judiciary. Unfortunately, the
highest and most respected of our judges are occupied solely with the
rights of property, and we have committed the rights of the person to
the most obscure of obscure attorneys, accidentally thrust from pure
partizan influence upon the Bench. While the truly learned Justice
Clerke, a lawyer such as the way of Christian life would make him, is
simply occupied in matters of dollars and cents, our lives, our persons,
our future, immaculate, are intrusted to the supervision of such learned
pundits as Mr. Recorder Barnard and City Judge Russell.
Liberty of speech is a right, paramount to that of every other
consideration; it has been treasured as the key-stone to the great,
unwritten Constitution of Britain and of our own land; it is the vital
essence of our political existence, and its abuse has been judicially
tolerated that the spirit shall be perpetuated. But as Mr. Recorder
Barnard has not probably indulged in the intellectual luxury of perusing
Hallam’s Constitutional History—such a work being unknown to the New
Code—we will excuse him from any implied admiration of that respect,
yea, adoration, for personal rights, which animated the manly soul of
Algernon Sidney and fired the patriotism of John Hampden.
Public-domain text, read in full here on John Shaqi.
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