not treated in this way--but then they were men.
JUSTICE.
[_The Journal_, Thursday, July 30, 1874].
THE ALBANY LAW JOURNAL ON SUSAN B. ANTHONY'S CASE.
_To the Editor of the Syracuse Journal_:--I wish to call the attention
of the readers of _The Journal_, especially legal ones, to the
underlying intent and unjust perversions of the Albany _Law Journal_
of this month, in its leading article, entitled "Can a Judge direct a
Verdict of Guilty?"
This _Law Journal_, which professes to lead the legal craft of the
Empire State in the devious ways of legal justice, has but now,
thirteen months after its date, a review of Miss Anthony's celebrated
trial, as conducted by Judge Ward Hunt. Having taken a year and a
month to get the first principles of justice and of constitutional law
through his head, the belated editor of that law journal has come to
the conclusion--self-evident as it ought to be to a child--that a
judge has no legal right to take from an accused person the right of
trial by jury. Sapient editor, wise man! No second Solomon, you. You,
with all your legal lore, have at last managed to see, in a year and a
month, what the veriest simple woman in the land, all uneducated as
women are in the technicalities of the law, had no difficulty of
seeing in an hour. Right of trial by jury holds all other legal rights
within its grasp. Deprive a man or woman of that, and of what use is
your habeas corpus act, of what use your law of penalties or
acquittal? The terrors of the middle ages, the _lettres de cachet_,
sequestration, confiscation, rayless dungeons, and iron masks at once
rise in view.
We will, however, allow to this editor one grain of sense, as he
acknowledges the dangerous power in the hands of judges of the United
States Circuit Court, a power they possess outside of right, a power
through which one of them can, as did Judge Ward Hunt in Miss
Anthony's case, transcend his legal rights, to warp and bend
constitutional guarantees to his own ends, and having so done that
there is no legal appeal from his unwarrantable decision. A United
States judge is practically irresponsible. Nothing can touch him for
illegality in office but a Congressional impeachment, which from a
combination of circumstances is difficult to bring about. He holds the
dearest rights of American citizens at pleasure in his hands, and this
is law and justice in the United
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