“If this definition is right, then it is very similar to that advocated by Jesus Christ, for proof of which I refer to the fourth and fifth chapters of the Acts of the Apostles; also Matthew xxi., 10 to 14, and Mark xi., 15 to 19.
“No, I am not guilty. I have not been proved guilty. I leave it to you to decide from the record itself as to my guilt or innocence. I cannot, therefore, accept a commutation to imprisonment. I appeal—not for mercy, but for justice. As for me, the utterance of Patrick Henry is so
approposappropos that I cannot do better than let him speak:“‘Is life so dear and peace so sweet as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take, but, as for me, give me liberty or give me death.’”
A. R. PARSONS,
“Prison Cell 29, Chicago, Ill., Sept. 21, 1887.”
THE CASE BEFORE THE FEDERAL SUPREME COURT.
The anarchists were not lacking in funds to secure every chance of reprieve or commutation, as contributions had poured into their coffers swelling the sum total over $50,000. Every opportunity was accorded to the condemned men to place their case in as favorable a light as possible before the Federal Court. But the flagrant and far-reaching character of their crime gave little hope to the unbiased that the judges composing that honorable body would interfere. Following our readers will find Attorney Grinnell’s argument before the United States Supreme Court. Also General Butler’s defense for the impenitent yet doomed men.
GRINNELL’S ARGUMENT BEFORE THE UNITED STATES SUPREME COURT.
Mr. Grinnell, addressing the court, said that it had not been his intention to take part in the oral argument, and that he came here primarily for the purpose of assisting Mr. Hunt by means of his familiarity with the record in this case. He thought that by the presentation of the law and the facts yesterday it was clearly shown that there was no federal question involved, and that the court was without jurisdidtionjurisdiction to grant the writ of error. The assignments of error in the lower court, and the parts of the record relating to the jurors Denker and Sanford had been printed and were in the court’s hands. In all the twenty-eight assignments of error there was no reference directly or indirectly to the constitution of the United States or any of its amendments. There were some things, he said, which were here generally conceded, and one of them was that the constitution itself confers no rights which need be here considered. It is simply a limitation of the rights of the legislative power in dealing with the rights of citizens.
THE QUESTION OF JURISDICTION.
The constitution of the State of Illinois contains almost all the provisions which are embraced in the constitution of the United States. This court had settled, he believed, the question of jurisdiction as far as the first ten amendments are concerned, and also, he thought, under the fourteenth amendment. The only clause of the latter which could figure here was that “no State shall deprive any person of life, liberty, or property without due process of law.” Whatever affects liberty and life is made by this clause to affect also property. If the court has jurisdiction of this case under this provision of the amendment then every State question relating to property, such as special assessments, the condemnation of property, etc., might be brought to this court for review.
The Chief Justice—“Because they take property without valuation by a jury.”
Mr. Grinnell—“Yes, your honor, in some cases they do, especially in the matter of drainage, where the proceedings may be before a justice of the peace.”