The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-08-15

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the strange and unheard Of court which has in /
vestigated this Rsg affair, and imprisoned the five
persons charged with abduetng Garcia. Alta fu- /
ture time we shall speak Of the testimony which
was introduced into court during the investigation,
and Of the facts proved to.their Honors.
An affidavit was made before Justice Bright that
deponent had good cause to believe that one juan
Francisco Rey had been forcibly seized and carried
away by the Spanish Consul. and other persons in
this city. As soon as the Consul was brought be-
fore Justice Bright, his counsel, Of COURSE excepted
to the jurisdiction, and maintained the right Of
foreign Consul to have his cause tried before a
United States tribunal. But Judge Bright refused
to sustain the exception, and decided thath he had
jurisdiction 10 the matter. The U. S. District At
torheY then interviewed and moved that q y. S.
Commissioner should sit with the Parish Justice,
and investigate the aairso far as il referred to the
Consul. The proposition was accepted Justice
Bright really retired from his first position, ac-
knowledging, by sitting with the Commissioner,
that he himself had no right to examine the Con
sui and a new and anomalous court being thus
constituted, their Honors proceeded with the nves-
legation Of the case.
Now we should like to know how the Spanish
Consul was brought before the u. S. Commissioner.
Was he there under the keeping Of the U, S. Mar
shall, Or was he under the charge Of the constable
for the second Justice for the parish of Orleans
And then who was the party plaintiff in The prose-
eution of the Consul Was it the State of Louisi,.
ana orthe United States9 Or did these tyvo,sove-
Feignties, state and FEDERAL unite in The charge Of
assault and battery brought against the Spanish
Consul Then how were the witnesses in the
case.Bf the United States and the State Of Loris-
halfsas half-federal tribunalz Did Justice Bright
order bis constable to summon or attach, as the
case might be, the numerous witnesses for the pro-
secution and defence 3 or did Commissioner Cohen
send the u, s. Marshal after the parties summoned;
or did the Constable and the Marshal unite their
forces and compose q sort of posse comitatus to
bring persons into the presence Of their Honors
We did not notice that Commissioner Cohen had
amy ministerial officers present to enforce his de-
crees. Order was called for and maintained by the
constable Of the Justices Court, We are forced,
then tothe conclusion that Mr.. Cohen was part
of the Couri Of investigation only by courtesy
that he took his seat on the bench merely to coun.
sci and advise Justice Bright
1t is clear that in prosecution brought by the
State Of Louisiana, a United States Commissioner
not competent TO investigate the case and commit
the accused. It's equally clear that Justice for
Louisiana cannot inqvire into a matter in which
the United States is the party plaintiff And who
ever heard Of two criminal cases brought by two
sovereigntiss being carried on at the same time 2
In addition, then, tothe Thousand other ssro comic
aspects under which this investigation has pre-
scented ITSELF we lad mongreI court, halEstate,
half-iederal, examining witnesses summoned, no
one knows how, to appear before court, no one
knows what, to give evidence in a case or cases
with title or titles unknown.
Courts, in this country, exist only by positive
statute. They ere not the creatures Of custom or,
Convenience Now we should'liks to know under
what statute Justice Bright and Commissioner
Cohen formed themselves into State. Federal
Court Was il in virtue Of a Louisiana law Or a
United States law Or was it in virtue Of The
freq win and decision Of Justice Bright and Com
missioner Cohen HAY be it was in virtue Of the
right given TO every American citizen to DO what
he pleases provided it is not absolutely forbidden
by law, and perhaps the Honorable Justice and
Commissioner thought they hence had alright to
expose the whole Rey affair for the benefit Of the
cufuus The investigation was mon. forbidden by
positive law; who then had right to say them
nay, when so rich a fund Of amusement was offered
for the public curiosityl
fAe AAeb hpAeAsAA1A VIII lAAG tusuAQ4ll VI DiHdu
zing a Court unknown to the law, the Justics and
abe Commissioner perpetrated the additional folly
Of listening to testimony against a man charged
with being TN accessory to an assault and battery
before the fact Not only were the Counsel for the
prosecution freed from the necessity Of proving the
crime they alleged, but they were also relieved
from the difficulty Of showing that the charge they
made was an offence against the law. Such mat
Justice Bright remarked according to the rep0st OF
the Delta), the programme has been agreed upon,
and we shall proceed accordingly" Why examine
Witnesses and listen 10 the argument Of Counsel !
The programme has been agreed upon, and we
shall proceed accordingly" What happy hit
was that word "programmep It reminds us SO
much.Of theatres and farees.
After due deliberation and consultation, how
ever-aiter exchanging sutiioieHcy Of grave looks
and sapent rsmarks--tbe Honorable Justice and
the Honorable Commissioner carried out their pro.
posed plan, and committed The prisoners to appear
before higher Courts, With their eyes open, NAL
ice pFepense. as their Honors would say, they have
chosen to share in the folly of the movers in this
prosecution. They have not the excuse of those
who engaged in the matter, from passion, from
interest, and from political pFeiudices. And they,
as constituted authorities Of the land, have imp-
Gated the country in the folly Of ridiculous pros
eeution-a prosecution which, as every one who
has read The evidence, knows-4hss not the shadow
Of q fact to sustain it.
f-------e <>s-----@--
ALABAmA.-There is no doubt Of the reelection
to Congress offs. w. Inge, in the fourth district
It seems to be conceded on all sides thet there will
be ne, party change in the representation IA Con-
gFass. Ii stands as before, five democrats, two
wings. The State Senate win be very close. The
majority will be dne or three either way, as two
doubtful.distriets not heard from may result. In
the House of Representatives it is not doubted that
the democrats will have majority.
MAnSe.ZThs election for Governor and some
other State officers win take place on the 10th of
September. There are three candidates for the
former ofiee-Dr Hubbard, the democratic, E. L..
Hamin, whig, and Geo +. Talbot who was nomi-
mated by the democratic and wing free soilers. q