d indefinitely."
Senator Matthew II. Carpenter presented a long and carefully prepared
minority report which concluded:
Unfortunately the United States has no "well-ordered system of
jurisprudence." A citizen may be tried, condemned and put to death
by the erroneous judgment of a single inferior judge, and no court
can grant him relief or a new trial. If a citizen have a cause
involving the title to his farm, if it exceed $2,000 in value, he
may bring his cause to the Supreme Court; but if it involve his
liberty or his life, he can not. While we permit this blemish to
exist on our judicial system, it behooves us to watch carefully the
judgments inferior courts may render; and it is doubly important
that we should see to it that twelve jurors shall concur with the
judge before a citizen shall be hanged, incarcerated or otherwise
punished.
I concur with the majority of the committee that Congress can not
grant the precise relief prayed for in the memorial; but I deem it
to be the duty of Congress to declare its disapproval of the
doctrine asserted and the course pursued in the trial of Miss
Anthony; and all the more for the reason that no judicial court has
jurisdiction to review the proceedings therein.
I need not disclaim all purpose to question the motives of the
learned judge before whom this trial was conducted. The best of
judges may commit the gravest of errors amid the hurry and
confusion of a nisi prius 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.
When Miss Anthony returned to Rochester in February, she found the
inspectors were about to be put into jail because, acting under advice,
they still refused to pay their fines. She wrote Benjamin F. Butler,
who replied under date of February 22: "I would not, if I were they,
pay, but allow process to be served; and I have no doubt the President
will remit the fine if they are pressed too far." They were imprisoned
February 26. Miss Anthony went at once to the jail and urged them not
to pay the fine, for the sake of principle, promising to see that they
were soon released. She waded through a heavy snow to con
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