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
We simply wish to inform Mr. Recorder Barnard that he labors under a
delusion when he presumes libel to be a misdemeanor in the literal sense
of the word, and although the law may be virtually misconstrued in such
a wise as to authorize interpretation that it may verge upon
misdemeanor, still the practice of Courts, presided over by Kent, by
Eldon, and by Camden, has essentially abrogated any such pretence in
fact. In meeting out to Mr. Branch the doom of a common thief, in
disgracing and degrading him before the eyes of a community, he
attempted in a feeble way, it may be observed, to instruct and
enlighten. Mr. Barnard and his satellites not only erred in tempor, but
in absolute legality. They have reaped a harvest of glory in the
unmurmured cases of a sympathetic public who will profit by the lesson
we have received, and hence forward seek not such servants as these.
The Law’s Delay.
It was confidently expected that a revision of the judgment upon Mr.
Branch would have been had in the early part of this week. We, however,
learn from Mr. Ashmead, that the Court being pre-occupied by civil
business, have postponed consideration of his motion until the month of
September, when the learned counsellor feels assured that the relief he
prays for will be granted, and a new trial be had.
In this sacrifice of personal rights to the emolument of that of
property, we notice the inconsistency of the law which thus creates an
invidious distinction between things animate and inanimate. Here, then,
we have a person kept in jail, in a state of vexatious misery, while the
Court is occupied by the consideration of some quarrel of Smith and
Jones over a bale of cotton, or some other triviality in a commercial
point of view. Now, the most valuable of all rights is that of
locomotion, and the dearest of all writs is that of _habeas corpus_,
instituted expressly for the relief of the individual from unjust
detention. And still all the provisions of this famous act are
neutralized the instant the prisoner gets into the clutches of the
judiciary, whose slow motions are too often a cause of unintentional
wrong-doing.
In the case of the People _vs._ Haines, the prisoner served his time out
in the State Prison, and was afterward granted a new trial and found not
guilty. Ashley, tried for forgery, served eighteen months, when upon a
new trial he was found guiltless of the crime charged upon him. Much as
we talk about the freedom of our institutions, the rights of prisoners
are too little respected by the tardy process of legal procedure. We
trust that when the new constitution be framed that preference will be
given to all cases involving personal liberty.
The First of September—let us remember.
Public-domain text, read in full here on John Shaqi.
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