New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1855-10-18
EAs 4 STATE ANY sovHREIeNTy9

Wa are somewhat inclined 70 think rot In view Oh
regent circumstances III fact would be absolutely
certain that not single State OF the North American
confedsracy the ghtt particle of sovereignty
within Itself did we believe in the extraordinary doc
tpes advanced by certain learned iurists with which
the columns Of of the papers Of the city have been
crowded the past four or FIVE days
Bat as we do not believe the States to be nero saV'h
dependencies Of the central power OF Congress- w.
so as Cuba ia of Spain; Australia q Engisnai sau
Cayenne OF France--and as we " believe anu ta'
tain that the States hare powers-soe exclusives se'-
lutte powers within their own local Jursue'oh' "niou
rathr laws of Congress decisions Of foreign couIs
a. t,na4aa authorities--if go back TO the sha+p
ea, too II Nv to earn honest living by the swsaA
f IT. hrov trst invented law to plague mankind Wits
and them come down to the present moment-csn altss
aa N abrogata or diminish the franchises OF purely
r,.s court and we must DO pardoned If we adhere to
rperate the opinions expressed at length on Monde
The Courier, OF Tuesday morning. contains laot&@@
opinions from several legal gentlemen all tending to sup
port the doctrine that law or laws of Congress- confer
upon the First District Court of the Parish and City Of
New Orleans powers and privileges expressly and peremp
tory denied it BY the set of tho Legislature which ore
ated, sud alone had the authority to create it
The authority to create would SEEM to ordinary minds
to carry with 1t the power 10 regulate aud define unaer
the laws Of Louisiana believe man can write power
Of attorney empowering agent to 40 suen ane sucn
acts in his name As long the agent Keeps wshn 'ne
sphere Of his authority the principal is noand oas as
soon as the agent steps beyond the line 10
matter at ,shose instance oT aeoa pran his acts become
mil and void so far as any responsibility the part Of
III nr;nc;nal IL concerned Why His illegal acts the
law saws shall not initiate against inura the legal I'M
munities Of an innocent third party And the law y
strictly right and just II any other usage presahsu
there would be no such thing known as the granspg q
powers Of attorney Tho principal would never Dc SAFE
would be always at the mercy of his AGENT who whenever
| he chose to play the scoundre, could ruin him
As it is with Individual agents. 50 is ii with pubic
agents The theory is the same and the practice should
correspond The only distinction is in the number OF
agents TO be employed the diversity Of the duties 70 %
performed and the difference In the powers Of
attorney granted The Governor is but chief attorney in
fact Of the people of Louisiana and cannot make the
people responsible ota further than his written
rity allows him to 60. The moment he goes beyond
prescribed ne the responsibility Of his principals ceases
Asst with the Governor Is it with all otner sssse
arauts the Chief Justice Of the Supreme Court sana
m Associate Justices and all judges Of inferior courts
They are but the agents Of their principal - ne
psopsndowsd with certain powers the scope Of which
II clearly written down. and beyond the plainly marked
line Of which they cannot 60 without becoming fatness
IN te;r obligations and rendering their acts void and OF
| no effect.
II tbis doctrine is not correct theoretically and prac
caly the quicker all constitutions, laws and authorizes
are burned up the better. Then would be enabled &c
make farer start and arrive at better conclusions. W.
are well aware that old foges and interested parsan
will shake their heads at this plain illustration OF 81
honest principle without which there would be neither
oyareanty Justice or law or safety the country
mt "a can't help ii. They may ensconcs themselves
under mountains of law books or get top OF pyramids
1 Of law books, and commence throwing the old musfy
omes at the heads Of the people, in the VAIN attept 70
nroye that in some instances, (when 1t so suits them
die principal is bo,, by he acts Of his agent ,0hen that ags
has clearly ouerstepsd The limits Of his authority
The First District Court Of this city s the agent Of tn
State Of Louisiana, aud nothing but the agent to try
criminal causes 10 the parish and city Of New Or
leans That is its SOLE exclusive business and i cal
legally do no cther Let quote again from the Poper
attorney granted it by the sovereignty Of Louisiana for w
contend that state has sovereignty despite all the Law
hons and LAWYERS we have heard FROM The lath section
Of the asst creating the First District Court peremptor
sets forth orders and declares that its jurisdiction
| be confined erciasirelv to criminal cases"
The foregoing order is as plain II 10 simple and unms
taxable The creative power Of sovereign state entirely
independent oil other regard TO its inter
nal affairs and local jursdction creates criminal agen
Frst District Court to attend to the criminal business
Of one Of til parishes and tells that agent In express ter
that s business shall exclusively confined to crimina
busiuessthat he is employed for other purpose and
/
| can do no other business
Yet legal gentlemen gravelY forward and say that
an agent so @cabned cribbed condned,o within GER
tain limit by inexorable order from the paramount au
ihprity, 70 5yond his potsy NJ attorney and lind hi
principal to contracts he especially forbidden 10 make
How would these urists like to their individual agents
vested with such boundless authority We would like to
hear some or them answer that interrogatory.
But assuming that the lawyers right II the peo
pie Of Louisiana cannot control their local courts
prescribe exactly the sphere Of their authority them
what they may do, and what they shall not do without
let or narance from Congressit would be far cheaper
and more honorable for them to dissolve their government
and lapse into the condition of territory They should
al once petition Congress to be relieved Of the expensive
barthsn of powerless soyereigntya gilded baubie fit
only for children to play witha fair mask betokeniDg
heathful strength yet covering the weakness of far
gone eonsnmptiyea pill concealed with coat
ing sugar. Let the star which gttara to the Of
Louisiana on national standard be stricken from it.
for ii the prncipesw oppose true have right
to star on that any other banner-we the yerest
Berfs hat patiently endured the collar and brand
and chains, Of serfdom.
There Of pretending to be sovereign, when WI
possess no Boyereigntynot half much fathers
enjoyed before the Revolution And if be
let us practice the virtue Of economy # Congress is
govern courts lot Congress pay the expenses OF
courts This would be nothing but fair. Why should th,
taxpayers of poor poaerless Louisiana be called upor
annually to diaburse immense sums to support udicla
tail at pleasure If the doctrine of the lawyers to BIZ
enforced let Congress create the coutspay the
control the couEts--and BIO done with 1t
I ~