The Galveston Daily News. (Galveston, Tex.), Vol. 46, No. 185, Ed. 1 Friday, October 28, 1887 Page: 1 of 4
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AALFF& HEWBODKR
Successor* *o WolLHEHKT CO.,
V'r wi10li.salb dbauebs in
Dry SooiUi Votioni,
foots, Shoe* and Hatri
HOUSTON, . . . TEXAS.
COTTON.
From correspondeuce now before us from
our customers wo feel Justifiable In saying
fcliat these who would be pleased to give us
their shipments will receive prompt sales
mid satlsractory returns. r. cabgilii,
Manager,
TBEMONT OPERA-HOUSE.
October 28 and 29.
FRIDAY AND SATURDAY-
SATURDAY MATINEE.
Engagement of the favorite Comedian,
CTOIHItT IE"1.
as Hioairrs,
In the Cliaimlrg Domestic Comedy la Four
Acts, Entitled
THE DOCTOR.
An adaptation from the German of L'Aroujje's
Dr. hlaiis, enforcing Ripples of Lauguter fcfr
the l adles, lioars of Delight for the Men,
Streams of Pleasure for the Children Do not
tall to see this most enjoyable of all comedies
Monday, October 31—KEETiE.
FOE THE BENEFIT OF
Cotton Shippers.
We ivill say that our Cotton
Department is moving along
us usual at this season, with
plenty of Cotton coming in
from all directions, rapid
sales, quick returns, smooth
working all round, and no
hitch or dissatisfaction to
speak of.
Although all hands have plenty
to do, and business is brisk,
we can handle a few thou-
sand more bales as well as not,
the more the better, and new
■sliippters will get the same good
resu ts as our customers are
yetting now.
filCMnil&Co.,
HOUSTON, TEX.
GUST H&
■(cucceissiois to KiMiiinan'a nimge)
Wlisale Grocers aoiCoiiFacto
We call the Attention of the Trad*
to the Celebrated
EOSEBTJD WHISKY,
JTor which we are Sole Agents In Texas,
Also on hand
BAGGING AND TIES,
At lowast Fricsa.
COHEN NOT KNOWN.
.Albert P. Burchiil Referred to in Connection
with Cohen's Inquest in London Does
Not Know the Deceased.
Philadelphia, Pa., October '-'7.— Albert
P. Buichill, one ot tbe persons referred to
in tie cable dispatch from London yester-
day as being concerned in some way with
the dead man Cohen, wa3 found last night
at his residence, No. 2251 North Sixth street,
and declared he did not belong to the Clan-
na-Gsel bat that he did belong to the Ltnd
league, ai>d that all his efforts toward the
alleviation of the suffering of the Irish
race were directed in that line. Hi kasv
of no other Bnrchiil who belonged to the
league. He had very slight acquaintance
■with Hawkins, but of Cohen and of
the 01 her people mentioned he kney
nothing at all. As to the story of a plot to
do away with Chief Secretary of Ireland
Balfour, he professed entire ignorance,
and said he did not believe such a plot had
been arranged. Michael Harkins, or Haw-
kins, lived at 1980 North Front street, and
his wife was there last evening iu charge
of a small grocery store. Sae spoke verv
freely as to Harkinel being her husband,
but denied that he had been in Ireland or
that he hud left the country. Harkins has
been kiown in the neighborhood of his
home as an active member of the Clan na-
Gael society, but since last April little has
"Jbeen seen of him in the vicinity of his home.
THE WZATEES.
Meteorological reports received at Galveston,
October 1K67, at 1 p. m. Observations
taken at the same moment of time at all
stations:
* ~ Kafn
Locality. Bar. Ther Wind, last Weather
s hrs
.CO fair.
.01 Gloud y,
.ooC'loudr.
.00 Cloudy,
.Ofljulear.
.00 Olondy.
.OGUIoudy.
(Galveston .30 20; 62 :N 8
Brownsville...!bo.'23! 60 n 12,
Bio Gi'tle City |80.82: 88 N" 6
San Antonio... !80.28 86 N* C
Palest 1; e SO 26 SO |N 6
Corpus Chrlstl.i0.24 60 V 12
New Orleans. 110.10 62 \ i —
cotton region bulletin.
Stations.
Maximum Minimum
tempera- tempera
tuie. ture.
Ualnfall
(lncnos
& lootlis.)
CJalve9ton ...
g2
51
.00
Houston. ...
(»7
50
.00
ileurne
CI
47
.00
"Waco
€0
4t
.00
DaiJa?'
65
46
,00
San Attouio.
IS
51
.12
Palestine —
t>-
49
.00
Columbia —
go
50
. .10
Huntsvllle..
63
48
.00
Austin
65
51
.00
Long view —
63
46
.00
!Iyler
62
46
.co
Weatlierford.
57
35
.00
Sour Lake...
f 6
47
.0)
Oiange
67
45
.00
Means
63.1
47 2
*
Entered at the Fostoffice at fialvektou a3 Second class Mattbb.
OmCK Off FUBLXCA'TION; N'OS. 184 and 180 MSCHASJC SxUKKC, GilATRSiOrT.
VOL. 'XLVL NO. 185
GALVESTON. TEXAS. FRIDAY. OCTOBER 28. 1861.
ESTABLISHED 1812.
TRAVELERS,
ATTENTION!
We have now for sale an Accurate
Railway Map
or THE STATE,
Compiled and Completed to Date.
Every mile of Railway In operation
Is shown; all Hallway towns upon
each line appear, and distances are
given with accuracy. A Table U also
given, showing the towns in Texas
having apopulatlonof 1000and over.
Price lOo. By Mall, 12o.
A. H. BELO & CO.,
PUBLISHERS,
GALVESTON OR DALLAS, TEXAS'.
New Evaporated & Sliced Apples.
New Buckwheat.
Imported Sauer Kraut.
New Holland Herrings.
Boston Dried Herrings.
Limburger Cheese.
Sap Sago Cheese.
Pigs Feet.
jfiier & Co.
i m q jin k.^u'vumn
Ji FFERS0N DAVISIIN MACON.
GENERAL HENRY JACKSON'S SPEECH.
The Confederate Veterans Give
Preiidmt a Reverential Welcome'
Their Ex-
-Smiles,
Tears. Huzzas—The Tattered Flag.
Pew Yobk, October 27.--A special to ths
Herald from Macon, Ga., says: Last night
the great torchlight demonstration oc
curred in honor of Jefferson Davis. Gen-
eral Henry Jackson, ex-minister to Mexico,
in his speech to the veterans yesterday
said:
Confederate Veterans: There stands npon
the soil of Georgia a distinguished Missis-
sippian who, within the life of the present
feneration, was a so-called traitor leader
of a so ci lied lost cause. We, confederate
veterans, relics of armies which fought for
that cause, are here to meet him; to move be-
fore him in the pride and pomp of no Roman
tiinmpb, it is true, but bending our necks
to no Roman yoke of subjugation. By in
vitaiion of the state of Georgia, speaking
throvgh her duly empowered officials, all
have come. Behold the majestic truth re
vealirg herself. B'ate sovereignty is not
dead. Georgia is a sovereign still, and
calls upon her people to glory with hor to
day. Her glory is in her history. Her his-
tory is the memory of her dead,
and this day is consecrated to
her confederate dead. They were
guilty of no treason to her. To whom, then,
could be the traitors:' Where shall we
seek I heir hither sovereign? Shall we find
him in the federal constitution? Then there
was a sovereign smitten to earth by traitors'
hands, trampled in the dust by traitors'
feet, tut the hands and feet were not theirs.
Do we hold that men who fought against
the m were traitors? Not at all. They, too,
were lojal to their sovereign. The consti-
tution was but a treaty between high con-
tra ting sovereign parties, without one
atcia ol sovereignty in Itself, since with im-
purily, through Iobbyears of painful aglta-
ilor.wasit broken by the sovereign party
of the north. They enacted into crime a
mere attempt of federal power to enforce
its decrees within their dominions, and be-
cause after decades of endurance as patient
as it was decisive the sovereign parties of
tie south declined to accept their revolu
tiofiary will as permanent in place of the
constitution. The compact breaking sov
ereigns of the north, with numbers over
whelming and material unbounded, male
aggressive war upon them to force them to
accept it. The world has been told that the
people of the south made war to perpetuate
African slavery. This is false. They did
tot create, institute, nor do they now wish
to restore it. The principle for which we
fought, the only principle of government
expressive enough to meet the requirements
of advancing civilization made of late by
Gladstone's eloquence, ho familiar to Euro-
TIME TO GET OARfi ATMS IN
1> Town Property ot I'AYKirKVILLK, TiiA
The T. 13. & 11. liailway has Just been com
pletcd to this place, and everything Is on the
boom. Apply to HUGO ZAPP,
Fayottevlllo, Toi
BOILERS, ENGINES,
BELTING, PULLEYS, SHAFTING, &o,
Let U» Hear From Yon.
SIMPSON & ilAETWELL,
!0 hiyl 12 Commercial St.. Honatnn
A CSlOLEBA SCARE.
Immigrants from a Steamer from
Italian Towns Forwarded to
Interior from New York.
Infected
the
'Too email lor measurement.
INDICATIONS FOR TO DAY.
-WASHINGTON,October28, la. m -Toreastern
Jexas: Fair weather, s'^ht changes in the
temperature, liglit to fresh variable winds,
lor Arkansas: Warmer, fair weather, light to
Iresh variable winds.
i'mcaoo, 111., October 27.—Health Com-
missioner Ds Wolf was startled this morn-
ing on receiving the following telegram:
''Washington, October 27.—<>. De Wolf,
Health Commissioner: A New York tele-
gram yesterday contains the names of
eighteen Italians who arrived at New York
on the steamship Independent October 15,
ard left for Chicago on the 10th. All bat
two of these passengers were from Palermo,
an infected Italian port. D. Hamilton,
"Surgeon-general."
If tbe immigrants left on that day men-
tioned they have had ample time to reach
Chicago. Mr. I)e Wolf at once ordered
that a thorough search be mado in the city
for the passengers from Palermo, and sent
the following telegram:
'•HaiuiltoD, Burgeon general, Washing-
ton: Telegram received. Will not United
B'ate^ authorities take notice of the mon-
strous wrong ot quarantine officers ia for-
waidirg emigrants from infected districts
diiectly into the interior without notice?
"Oscah Die Wor.F."
ahe city authorities are greatly indiguant
at the idea of tending fneh IcicoigrAuti to
Chicago without notifying the health de-
partment.
THE ACTION API'ROVED.
New Youk, October 27.—At a special
netting of tbe quarantine commissioners
his afternoon it was decided to ask the
secretary of the treasury if ships comiDg
from port6 where cholera prevails cau not
be sent back, it being the opinion that if
that power exists it is now time to enforce
it. The policy of Health Officer Koilth la
the treatment of immigrants and vessels
that have been brought to this port
was approved, and he was instructed to
continue the strictest treatment of passen-
ger? who have already arrived on such ves-
sels, or who may arrive.
The quarantine authorities say there is
absolutely no apprehensions to be felt ooa-
cerning the possible spread of cholera
throDgh the immigrants who landed from
the steamship Independent. Commissiou-
er Nichols said to day the vessel was twen-
Iv three days ia making her passage, and
when she reached this port there was not a
case of sickness on board. The steamer
was cleanly kept, still she was detained at
quarantine for a day and thoroughly fumi-
gated.
NO DANGER.
New York, October 27.—Health Officer
Smith, in bis formal report to the quaran-
tine coromissioners, says that there is no
cholera cn the steamship Britannia, and
that all the immigrants of Hoffmap's island
are well. There has been no case developed
since October 21. The patients on Swin-
burne island are also doing well.
The authorities say that there is no pos-
sible fear of infection from passengers oa
the Independent, for they were all well
when they landed.
Lancaster, Pa., October 27.—Israel P.
Mayer, a prominent builder of this city,
hes made an assignment. His liabilities
will probably exceed $75,000; assets consist
of city property,
... _ ,.„ows
and orphans, eastward shall it contiauo
to roll, carrying with it the blessed
light of christian civilization all
aioBEd the globe, and so surely as
it moves itshall bring the day of triumph."
In that trinmphal procession Abraham
Lincoln shall not move bp a rightful presi
derit, but Jefferson Davis, the so called
traitor leader of the so-called lost cause
We as confederates can echo from our
hearts the patriotic cry of Webster the
great—thants be to God that I too am an
American citizen. But it the so-called new
eoulh be a case of surrender of the ol ), a
false confession, meanly false, of shame ia
cur past, shame in our sires, shame ia our
<?eat!, which none but the silliest fool can
honestly feel, then with all of the power
given to us by the God of truth, we crj',
"Avannt false south, avaunt rotten trunk
upon a cursed root, thy fruit must turn to
ashes."
BEGGARS DESCRIPTION•
CnrcAco, 111., October 27.—A special
to the MorniEg News "from Macon,
Ga., sajs: Yesterday was "confederacy"
day in Macon. It was the last
gasp, bnt it was a startling one. Every
where throughout the city confederate flags
were fijing. Everybody has from one to a
dozen badges on his breast indicative ot
his love for Jeff Davis and tbe "lost cause,"
but still leading and thinking people say
that it means no disloyalty n the union;
that it is only the last farewell to the old
men, who must soon leave this world, and
to the cause these people fought for under
him. An especial feature of the celebra-
tion was the so called review of confederate
veterans by their old president. Mr. Davis,
Willi his family and a number of distin-
guished Georgians, was sitting oa the porch
of Captain Johnson's house, which stands
in Ihe vast grounds at the summit of Mat
berry hill, when the procession wheeled
into the front carriago gate, iutond
trg to pass close by Mr. Divi3 and
cut at the rear gate, but the crowd soon
bad swarmed over the fence and Sited the
enlire front lawn completely fall. Ever?
fellow was struggiicg to push nearer to the
t orch, and every voice was strainiug to be
> bid above everv other voice, shouting
hurrah for Jeff Davis." Arrangements
>hat had been made for reviewing the
veterans were blown to kingdom come:
nhat Ihe crowd wanted was to see Jeff
Davis himself, touch him if possible and
to worship at bis feet. Old veterans broke
rasis and began climbing upon the porch.
The police tried to pull them down, but
hey shouted back that al! the policemen in
Georgia could not keep them from shaking
hands with Jeff Davis,
Mr. Davis, whoso 70 years have left him
in a very feeble state, mads desperate of
forts to shake hands over the p rrch ratling
with everybody whom he could reach. Or
the COOO perhaps 200 managed to wu :b
hands with Mr. Davis. Now and then he
tore away from those who sought to hold
them and leaned over the railing. When
ever he did this the crowd below would
grab his hands, and some of them who
wcie strong enough to keep others aivay
stood #Dd held the thin pale haud3 to their
lips and washed them with tears. Ling
heired, unkempt old fellows crawled rtgh'.
upon the shoulders of men in front o£ thorn
and tiled over their heads regardless of
everj thing but for their one purpose of
touching the hand of Jeff Davis. They
scrambled, and fought, and yelled and
cried till bedlam must have seemed a dense
silence beside them, yet even then the en-
thusiasm was not at its height.
It was not until somebody handed tlio
rogetd battle flag of the Third Georgia
regiment over the heads of the crowd tnat
the storm blew its worst. Mr. Davis grasped
Ihe tatters of the flag and pressed them to
bis lips. This was the signal for a most
violent breaking forth. The air was full of
ucb expressions as "God bless Joff Davis,"
God bless the flag," and kindred seat.i-
reer.ts. Men in the crowd below and m<3n
ard women on the porch broke down under
tbo strain put upon their emotions, and in a
moment the entire multitude was in tears.
Tho old confederate president waved the
battle torn sign over the heads of the peo-
ple, who yelled and threw their hats away
ar d cried Hie so many children.
Mrs. Davis and her two daughters kissed
the flag in turn, and for each kiss 3000 hur-
ras went up. Mrs. Davis at last tore off a
ehied of the flag and placed it within the
bosom of her dresp, whereupon a perfect
pancteitOLiuni of "God ble«s you," aad
Eiicilar shouts were let loose. When the
' \m:s handed back to the multitude the
njfn snatched all the available tatters and
presstd them warmlv to their lips.
Pretty tc on Mr..Dav.'s arose and facing
ihe people in the attitude of a speeclnnaker
iranaged finally to bring about a lull, in
which he was heard by the very nearest
cres to say:
Friends and Brothers—I am, like that old
flag, tat tered and torn by storms aud veavs.
1 love it for Its own sake and yours. Hove
it es a memento of what your fathers did
srd what they hoped you would do. 1 will
see ycu again.
At this point another flag, one ot t'ue old
original flags, with three bars and eleven
stars, was passed up, and Mr. Davis and
his entire family kissed and wept over it.
Presently Governor Gordon pressed tothe
front of the porch, and after getting silence
began a speech which was intended to take
I be attention of the crowd from the feeble
old man, who had by this time become so
thrilled and excited that he trembled vio-
lently. Under cover of Governor Gordon's
spf ech Mr. Davis was put in a carriage and
Orhen to the fair grounds, where there was
a repetition of tho scene of Captain John-
eon's house.
Several badges were presented to Mr.
Davis and his daughters. These presents
w< re made in behalt of several military or-
ganizations which are here, and the
badges, which are very beautiful, all
bore conspicuously on their faces coa-
fedtrate flags and printed sentiments, of
which the following from a badge present-
*d to Mr. Davis "by the Young Men's
Veteran association is an example. While
survivors of the confederacy do honor to
ihtir chlaftain we, their sons, remembering
jour faith! ulness to and sufferings Cor
item, join our hearts with theirs in grati-
inde ard foeether pledge vou eternal love.
Our prayer is that God, who has ever been
just, may still care for yon and when the
end comes crown you with glory that never
fades in a cause that never dies."
When Mr. Davis received this badge from
the hands of Congressman Blount's son the
old president wept like a child and Raid:
"Mv yourg countryman, I am proud to know
that yon hold in reverence the memory and
principles of your father."
HEAVY ROBBE3RY.
A Dailas Jeweler Lo^es $7000 Worth of Dia-
monds by Not Keeping a
Sharp Lookout.
Dat.t.as, Tc-x., October 27.—J. W. Webb,
a jew eJer, was robbed to-night of over $7000
woith of diamonds. A party of three men
eugBjed lis attention in the rear ot his
etoie while another man got off with the
jewelry.
CLEVELAND'S TRIP SOUTH.
The Ellect ot His Reception oa Northern
Sentiment—Interviews With Prominent
Southern Men in New York.
Nitw York, October 27.—[Speolal]—The
reception given to the president in the
south has disarmed the oldest and most
persistent critics of the south: and since all
ihe southern papers, with every Incident of
his journey, have been read here only to
provoke applause of his demeanor and of
ihe manner in which he was received, the
southern residents of New York have been
not less pleased than the people whom he
visited.
Mr. Algernon S. Sullivan, the distin
guisled lawyer and president of tho New
York Southern society, said: "Such inter-
views between the people of the south, who
for so long a time havo not felt themselves
close to a president, and their chief magis
triite must have excellent results. His
speeches were admirable, showing an in-
■eliigent understanding of the condition ot
the south—its interests, its feelings, its da-
lle was sympathetic, but paid a just
lies.
&nd high compliment to the south itself
when he look it for granted that the peojile
desired him to speak plainly and boldly as
ll:o president of the whole union. Ho
showed plainly how deeply he was im-
I lessed by their pervading and enthusias-
1 ic patriotism. I only wish that some of the
sectional demagogues of the north had as
n.uch patriotism as tho great body of the
southern people have."
Mr. Virginius Dabney, the toacher aud
coveitst, a member of the Virginia Dabney
u mily, said: " fhe president's utterance's
er.d his reception have made an end forever
at sectionalism. The south accepts the ad-
vanced views of the president—his civil
ervice reform policy—I believe more thor-
oughly than the democrats of the north."
The Rev. Dr. Charles F. Deems answered
ite inqnliy of your correspondent by sav-
ng promptly? •'! watched the president's
>oulfcern tour with great Interest. Ithas
increased my respect for him as a man aud
us a chief magistrate. 1 believe it will be
iiereficial to ihe whole country. He was
rtght in sai isg that whatever was Hettled
by ite war must stay settled. And he did
Lot co about an a ruler but as the servant
of the people. This pleases every man who
' «s a proper conception of the presidency.
Ves, sir, it was a wise thing to do, and it
will make (he whole people better."
Mr. John C. Lstharu, Jr., of the Arm ot
I.atham, Alexander & Co., who is a Ken-
diction, declared: "1 do not wish to be iti-
leiviewed on this subject because I might
-fiy something extravagant, lam so pleased
*ith 'he president's tour and his reception,
book at the businese of the couctry. Ufl-
eer Mr. Cleveland's administration it has
i(tr. managed with the greatest success,
=i d he is the strongest man of either party
wi'b the people. The business interests of
the country will re elect him. He paid the
south the compliment of a visit, and the
couth's reception of him was worthy of the
pe < pie and of their president."
'llese aro specimen opinions, Mr. l.a
■ rr, Dr. Deems, Mr. Dabney and Mr. Sut-
Mvan each having the right by his position
to speak for the business, the clerical, the
literary and tie legal interests of Now
York, as represented by the foremost
louthern men wno have become apart of
ihe city's life and work.
Al PLICATION OF ANARCHISTS
IN THE UhlTED STATES SUPREME COURT
For a Writ of Error Under Discussion Yester-
day—Able and Extended Arguments
by Counsel for Both- Sides.
WEIS BR03.,
Wholwaie Detilen ia Dry Qwdt, It^l
t;or.«, Booti, 8ho«f, Hat*,
Trunks, Etc.,
GALVERTOM. TEXAS,
invi
new
a inspection of their complete ltr. Si tl
and desirable Goods, We have asill na
hand about
^0,000 WOBIH "
SEAS0*,Amt'
i'vio
Defaulter Jackson in Canada.
Niiw York, October 27.—The amount that
!i< try M. Jackson, cashier of the sub-treas-
y in Wall street, took Willi him to Canada
is c stimated at from .$12,000 to $20,000.
Treasurer Canda does not believe the
I'lncunt will much exceed $ltr,000. The
ii or.ey was taken in a lump. The defaulter
to yeai s eld and has been a clerk la the
ib treasniy for years. Inspector Byrnes
'is learned that Jackson is in Toronto.
Sub Treasurer Canda says the amount
< kson took with him was exactly $lo,000.
Jackson took the money last Saturday, the
i'ev oEbis departure. His cash was carefnllv
examined on the 13th instant and found to
'< f: correct On the loth instant, when Jack-
u was absent through illness, Mr. Canda
Id his accounts were again gone over and
lo deiicit was found. On Monday last tbe
discovery was made, and measures we,re
taken to intercept him, his default in the
neanvhile being kept a secret.
Pugilist Eultlvan OB for Europe.
Boston, Mass,, October 27.—The steamer
Cephaionia sailed for Liverpool this morn
ing filth John L. Sullivan, the pugilist, and
party on board, Large crowds of sports
paid him parting respects ou tiie wimrt,
Washington, October 27.—Anticipation
of the argument before the United States
supreme court to day upon the petition for
a writ of error in the Chicagp anarchists'
case attracted to the capitol a crowd of
people, who seemed as anxious to gaiu ad-
mission to the court-room as if the an-
archists themselves were to be present in
chains and leg fetters, and to argue their
own cases in, person. More than an hour
before couit assembled the court room
was densely packed with people, who
not only occupied the seats provided
for spectators, but had encroached
upon the precincts of the bar and stood In
closely packed throngs in the open spaces
on each side of the door. Even out in the
corridor there was a crowd endeavoring to
at least get a glimpse of the interior of the
court-room through the entrance. The au-
dience were destined, however, to be at
least for a time disappointed. When court
w»s called to crcler at 12 o'clock and the
candidates for admission to the bar had
been sworn, the chief justice announced
that the court would proceed with the un-
finished business! ot yesterday. This busi-
ness was a case from Louisiana, which how
ever Important to the litigants, had very
little popular interest.
Argument in the Louisiana case was con-
cluded at 1.05, anel the chief justics said:
"We are ready now to hear the motion for
a writ of error in the case of Spies and
others."
General B. F. Butler asked the court how
much time would be allowed for argument.
His brother, Mr. Tucker, represented, he
said, a majority of the petitioners; he him-
self represented two of them, whose cases
were in some respects different from those
ot the others. He would not, he said, speak
ineiely for the sake o£ speaking, but lie
would not like to be hurried.
The chief justice asked how much time he
desired.
Mr. Butler said he would like an hour aud
n half for himself, and an hour and a half
tor Mr. Tucker-
The chief justice said: "Very well, we
will allow ycu three hours on a side."
Atterney-general Hunt of Illinois said
that he and his associates did not know
what scope the argument would take: he
could not say how much time they would
desire. He would like, however, to have
en opportunity given to his associate, Mr.
Grinnell.to speak.
The chief justice said that each side would
be allowed three hours, and that Mr. Grin
nell might Speak.
At 1-15 J. Randolph Tucker opened the
argument in support of the petition for a
writ of error. He said it was not necessa-
ry for him to show as a condition precedent
to the granting of a writ that the action
complained of in the court below was actu-
ally repugnant to or in violation of the cou-
slilution. It was only neoessarv to show
that a conflict had arisen, that tliere was a
question whether the action complained of
was not repugnant to the constitu-
tion. That was enough to give this
court jurisdiction. It wa? the object
of Ihe statute of D07 to give free access to
this court in aU cases where there way a
question of this kind. It was not necessary
to show irepugnnncy, but only conflict. It
there is conflict, then this court has juris-
diction, and if it has jurisdiction, then the
petitioners are entitled to a writ as a rtcht.
This court," said Mr. Tucker, "Is a city of
refugees from the avenger of blood,
ard any man who comas here
pml takes hold of the horns of
justice should not bo repulsed."* The
policy of this court, he said, had been to
(teal liberally with petitioners for writs of
errors in civil eases. How much more
should it deal liberally with a petition l'or
a writ of error In a criminal case involving
the Issues of life and death; in a case where
life was about to be taken away iu viola-
tion of the constitution.
Mr. Tucker then proceeded to a careful
aralysis of the fourteenth amendment lu an
attempt to ascertain the meaning of tho
words "due process of law."
He said that althouph it had been held by
tins court that a trial without indictment
by a grand jury might be "due process of
law" and might be perfectly constitution-
al, it bad never been held nor intimated
that trial by petit jury could be dispensed
with. It seetued, he said, to be everywhere
conceded that "due process of law" re-
quited trial by a jury of one's peers.
After quoting copiously from authorities
and adjudged eases in support of this posi-
tion, Tucker said: "Now, if I havo suc-
ceeded in showing that 'due process of law'
means trial by jury, the question arises,
v bat kind of a jury- for it is one ot ihe es-
sences of a jury Irlalthat It should not be
befoie a packed jury; that a juror shalluot
b&ve made up his mind before the case is
beard that I ought to be hanged. It is es-
sential that the iury should be unbiased,
unprejudiced and impartial, and that it
should not be a class jury."
Tucker then asserted that the jury law of
Ihe stale of Illinois was unconstitutional,
iu that it provided that the forming ot au
opinion from reports or from newspapsr
accounts of a certain transaction should
rot necessarily disqualify persons having
such an opinion from sitting in judgment
(■n that transaction as a juror. Even
although the law might seem to be
fair and just, if by construction
and administration it were made to deny
prisoners the right of trial by a fair and
impartial jury, then such construction and
administration constituted the law and
made it unconstitutional. The construction
given to tho law In this case wa3 different
irom tbe construction given to It in large
lumbers of cases in the same state.!
He then referred to the objections made
by the defense at tho trial to the rulings of
tbe court in the matter of challenges; tothe
lefusal ot the court on motion for a new
(rial to hear evidence going to show that
the bailiff had said that "the men he had
selected for the panel would be certain to
bang," and to various other rulings aud de-
cisions of the trial court, which bad the ef-
fect of denying to the prisoners a fair trial
by on impartial jury.
Turning then to nuother question raised
by the case which, be said, was a new one
in this court, he quoted the second clause
of the fourteenth amendment to tUe effect
that no state shall make or enforce auy
law which shall abridge the privileges and
immunities of the citizens of the United
States. Among "privileges and immuni-
ties" guaranteed by the fourteenth amend-
nieiitwere, he contended, those set forth
in the first ten amendments to the
federal constitution, such as "right of
citize ns to be secure in their persons, hause,
papers and effects, against unreasonable
searches and seizures (fourth amendment);
aid Ihe immunity designated in a clause
ot Ifce filth amendment, which provides
that no person shall be compelled la a
criminal case to bear witness against him-
i elf. It has been maintained, he said, that
these first tea amendments to the constitu-
tion were limitations of lederal power
only, but in his opinion they had also the
character of a blllof rights, they showed
wbat some of the rlflrhts ot the citizens of
ttie United Status were, and those rights
nfsd privileges and Immunities were carried
forward atd couiimed by the ioimeeatli
_ ■»n-< ■1
which ws wi >f «y-» i
wk - 2 - '■* '
Eandle Cotton, and Solicit"
amendment. It was his belief that unless
privileges and immunities which cams
wittin the province of the fourteertU
amsrdn:e-nt sr;d were guaranteed by it—
Cblef Justice Field—Then you woald
bi li e all questions to this court. I can not
conceive of any question which can not lj»
brought here If tbe fourteenth amen'iraaut
makes llie "privileges and Immunities" to
which it refers include all those of the first
ten amendments.
Mr. Tucker said he would admit it was a,
new question, but that he should like t»
argtie It- In only two cases in which thts
question had been raised the contest show»$
that the purpose was to limit the federal
power. "Now I make the assertion,"
said Mr. Tucker, "that the right
to bo exempt from unreasonable
researches, the right to freedom of
speech, the right of the citizen against solf-
uceueation, and the right of the citizen not
to be twice tried by jury, which are secured
to him by virtue of the constitution of the
United States, belrg so, the fourteenth
amendment comes in and says that "no
state shall make or enforoe any law
which abridges the rights or privileges ot
citizens."
Turning to the action and ruling of the
trial court. Tucker said that the aefen3®
were driven to peremptory challenges la
order to exclude jurors who should have
been rejected for cause, and that thereby
there was a limitation of the right of per-
emptory challenge which the court liae
beid to be one of the highest privileges ot
a prisoner. "The last four jarors," said
Tucker, "were put upon us after odr per-
unptoiy challenges had been exhausted.
In one case we objected distinctly upaa
the ground that the ruling of the court was
In violation of the constitution."
The chief justice inquired in what part of
the record this appeared.
Tucker said it was in tho case of Juror
Decker, referred to on page 17 of petition-
ers' brief.
Tucker then referred to the seizure of
letters, private papers, etc., of one of the
piisoners and their use against him as
evidence and for cross examination, and
said this was in violation of tbe fourth
amendment. "How far," Tucker asked,
"would not this court go in sustaining the
rights of a citizen if this had occurred with
the recently enfranchised slaveB ot the
south "r"
Justice Miller—I understood you to ex-
press the opinion that the first ten amend-
ments were all limitations of power of the
federal government?
Tucker—I hold that the first ten amend-
ments have a double aspect; the first is that
they are a declaration of rights; the second
Is that they are a declaration of rlghta
v. bieh are beyond the reach of federal
power.
In conclusion Tucker said: "We nave a
light, in my judgment, to the writ to be
heard on the question whether the constitu-
tion has been violated, in order to compass
the conviction of these men. It is true they
ere said to be anarchists. If a court
asks me whether I have any
sympathy with them, I have only
to eay that tbe court knows me
tuo well to suppose that I havo any sympa-
thy with these unhappy ahd misguided
men. But they are m6n, aud they are en-
titled to the same protection that I am. The
same constitution is over ns all. 1 ask the
court to interpose Its shield and protect
these men, because 1 may need it myself. I
l iiQtjV *"> anarchy abroad in this land which
the American people need fear, except
anarchy in the administration of justice.
1 fear that anarchy which dons the er-
mine of justice and administers lynch law
la violation ol the supreme law of the land.
Whether the prisoners'point can be sus-
tained is a question you can only decide
siter an examination of the record
Ki d a hearing. Strike after you hear,
but don't strike before you hear.
1 pray that the court don't strike before
joti hear. I pray that the court will there-
lcTo award this writ, for if I do notmis-
t6ke there aro evidences In this wholu
record which will demand the reversal of
the judgment."
Attorney general Hunt then addresssod
the court in behalf of the state and in op-
position to the motion for a writ of error.
To warrant the issuance of the writltmust
appear, he said, from the record, first, that
there is a federal question In-
volved, and second, that such ques-
tion was raised and decided In * the
state court. Ho was not ns well
informed as he would like to be as to tne
exact points upon which the counsel for the
petit loners relied. In the first part of his
argument Tucker planted himself squarely
upon the rights which belonged to his client
inder the fourteenth amendment, but in the
laUer part ho changed grounds slightly
ard insisted that the lirst ten amendments
were declarations of individual
lights, and then that they were
all comprised in the provisions of the
fourteenth amendment. The attorney-
general opposed this view and insisted
that the prohibitions contained in the first
ten amendments to the constitution are
limitations on the powers of the federal
government and not upon states. So fir as
petitioners rely upon anything contained
iu those amendments, they can
have no standing In this court. The
lourteentb amendment Is equally foreign
to auy right, privilege or immunity here
claimed by petitioners. The fourteenth
ernendment declares: "Nostateshall make
or enforce any law .which shall abridge tbe
r jivllepes or Immunities of citizens of the
I. nited States, nor shall any state deprive
sty person of life, liberty or property with-
out due process of law, nor deny any person
vilhln its jurisdiction equal protection of
tbe laws." The record will show that the
compiaiiit is not that the state has made or
is enfoicing a law which deprives the pe-
titioners ot anyot the privilege^ or immu-
nities EuaraDteed by that section, 6,nt they
are deprived of rights by an errottevous
construction of law placed upon it by the
trial court of the state. The petitioners did
cot claim in the supreme court ot the
stale that the Illinois act of 1S74 was re-
1 ugnant lo the constitution, treaties or
laws of the United States, not that theau-
tboilty of the court was exercised under it.
but that tbe act was constitutional aud
valid, and ihe court exercised its powers in
violation of that law. The petitioners were
tried in tbe courts of the state under the
laws of the state, and that constitutes
c lie process of law. It Is not material
that tbis or another court might
have ruled differently under the law.
Due process ot law means law of the land.
In the case of Presser vs. State of Illinois,
in November, lt-S">, the federal question
raised was as to the right to bear arms,
aLd it was contended that the Illinois
statute was a limitation of his rights as a
citizen of tbe United States under the four-
teenth amendment. This court held that
the right to bear arms was not a right
tnaranteed by tbe constitution of the
I nittd States: that the federal government
v. as only prevented by the second amend-
ment from infringing that right; that the
deallrg with 6ucb right was a matter for
state discretion, and that as a police meas-
ure a state could treat it as It chose. It was
held furthermore that bearing arm3 was not
a ptivilega"or Immunity" of cltizenshlD of
the United States, as contemplated" by
the fourteenth amendment. This decision
forecloses and bars out the contention of
counsel that the rights contemplated in the
language cf the first ten amendments were
nil Included in the fourteenth amendment,
and extended especial guarantees and im-
n unities to citizens of the U uited States,
if that was not trrte in the Pressor case,
then limitations of the constitution npoa
federal power are not changed into monu
n. ists of rational citizenship by the four-
teenth amendment for purposes involved In
the petition in this case.
Attorney general Hunt then turned hU
futenticn to the constitutional provision
that "no stala shall decv to any person the
protection ot the laws," and reoHaJ
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The Galveston Daily News. (Galveston, Tex.), Vol. 46, No. 185, Ed. 1 Friday, October 28, 1887, newspaper, October 28, 1887; Galveston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth466633/m1/1/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Abilene Library Consortium.