mid the hurry and
confusion of a _nisiprius_ term; and the wrong Miss Anthony has
suffered ought to be charged to the vicious system which denies
to those convicted of offenses against the laws of the United
States a hearing before the court of last resort--a defect it is
equally within the power and the duty of Congress speedily to
remedy.
MATT H. CARPENTER.
Mr. Tremaine, from the House Judiciary Committee, reported adversely
on the prayer of Miss Anthony's Petition, and Benjamin F. Butler
favorably.
Forty-third Congress, 1st Session, House of Representatives,
Report No. 608, Susan B. Anthony, May 25, 1874, recommitted to
the Committee on the Judiciary and ordered to be printed.
Mr. B. F. BUTLER, from the Committee on the Judiciary, submitted
the following Report to accompany bill H. R. 3492:
_The Committee on the Judiciary, to whom was referred the
memorial of Susan B. Anthony, of the city of Rochester, in the
State of New York, praying that a fine alleged to have been
unjustly imposed on the petitioner by a judgment of the Circuit
Court of the United States for the Northern District of New York,
may be remitted, having considered the prayer of the petitioner
and the statement of facts set forth in the memorial,
respectfully beg leave to report_:
* * * * *
Are these positions of the petitioner well founded? By necessary
division there arise two questions: First, has Congress any
power, or is there any precedent for entertaining such petition
for such purpose? And, secondly, are the acts and order of the
judge in accordance with the law of the land, and not in
derogation of the right of the citizen to trial by jury at common
law as guaranteed by the Constitution, as known and practiced in
the courts of the United States? If the first should be answered
in the negative, of course the committee and the House would be
spared the discussion of the second.
It seems to your committee that there are two very noted and
historical cases which may form the precedents for this
application, and favorable action thereon by Congress--in the
proceeding concerning the fines imposed by the courts on Matthew
Lyon and General Jackson.
Lyon was fined by a Unit
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