Stephen H. Branch's Alligator, Vol. 1 no. 21, September 11, 1858
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Stephen H. Branch's Alligator, Vol. 1 no. 21, September 11, 1858
New York (N.Y.) -- Politics and government
SIR:—Hitherto I have refrained from addressing communications to the
newspapers upon _any_ subject of interest to the community, feeling
better satisfied in reading the comments of persons other than myself.
The course of the prosecution towards the unfortunate Mr. Branch leads
me, for the first time, to speak to the public through the columns of a
public journal, and suggests to me a number of ideas which, I think,
bear upon the subject. I am not a personal friend of Mr. Branch, never
having had half a dozen words of conversation with him. I look upon the
prosecution (or, more properly speaking, the persecution) of Mr. Branch
as a wholesale violation of the rights and privileges of the citizens of
New York, and a violent outrage upon the spirit and tenor of our laws.
For the first time in the history of our criminal jurisprudence, we find
a man charged with the commission of an offence against our laws,
arrested, indicted, tried, convicted, sentenced, and placed in the
vilest servitude, all within the space of two short weeks. In this
extraordinary trial we see, and painfully too, the establishment of a
precedent to take away our rights and subject our persons and property
to the ruthless grasp of an interested prosecution. ’Tis true that the
prosecutors in the case of Mr. Branch were _wealthy and in positions of
influence, and it was therefore to be expected that justice should lean
toward them_, to the taking away of the rights of a citizen who could
not boast of _wealth_. I assert, and without fear of truthful
contradiction, that two-thirds of our community to-day sympathize with
Mr. Branch, and look upon the course of the prosecution as a gross
violation of their own individual rights, and such a violation as loudly
calls for the indignation of the people; and it is indeed pleasant to
reflect, that to-day the persecutors of Mr. Branch are entitled to, and
willingly receive, the supreme contempt and unmitigated scorn of every
lover of justice; and I tell you, sir, _that_ scorn and contempt will
manifest itself at the ballot-box to such a degree, that _certain
persons_ will wither beneath the loud condemnation of the honest
citizen; and the time will come when justice shall not be thwarted by
the mere wink of two or three _self-interested_ individuals, who cannot
boast of any _particular merit_. I take the position, that whether Mr.
Branch be guilty or _not_ guilty, the trial was unfair and the sentence
unjust; and no evidence appears to my mind causing me to doubt but that
Mr. Branch’s assertions were correct. Would it not have been much
better, in order to the proper vindication of the character of the
person against whom the charges were made by Mr. Branch, that all the
circumstances connected with the affair should have been brought to
light by an even-handed, above-board trial? Then, if the charges were
false, the prosecution would have established their honor and integrity
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