The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1858-02-12
DE JURE, DE FACTO, AND CORAM
NON JUDGE.

The neglec: Of precision is the use Of
words, and the ignorance and misapplication
of certain terms Of art, frequently involve the
simplest subjects in inexiricable confusion.-
Law, under such circumstances, becomes a
learned jargon-Medieine, humbug-Poli-
tics, an upmeaping clatter-Hstory fable
and Theology,a web Of miserable sophistries
and senseless metaphysical subtleties. Lam
guage ceases to represent thought, and
thought is permitted to wander about without
either local habitaton OF a name.
The constant use Of The terms de jare and
de Jacto by certain Congressman and editors,
in connection with the rights Of Gen. Walker
in Nicaragua, satisfies US that they are mis-
taken in the application Of them, or else they
affect learning when they have it not. 1t is
alleged on ali occasions that Walker, though
not de facto, is de jurs President Of Nicaragua.
Let us examine this de jure claim for mo-
menI Nicaragua is an elective Republic, and
not hereditary Monarchy. 1t is admitted,
both by the friends and the enemies of Walk.
er, that his government commenced by revo-
luton and was ended by revolution. It is
both a legal and political axiom, that the
same power which can bind cal loose. The
government of Walker was upheld by the
sword, and II was overthrown by the sword;
where, then, either in theory or in fact, is his
de jure right to the Presidency of Nicaragua!
We think it exists only, as the lawyers say, in
nubibus-or it may be case of coram non
judice, as illustrated by the following anec-
dOte:
A legal friend Of ours, was once employed
by avery important, but really ignorant client.
Justice Shallow made ou. quito plain case,
and Lawyer Snap told him he would recover
beyond the shade of a doubt. The trial In
due time came on, and the Justice was incon.
tnenty mucted into the COSTS The indp-
naut esquire buckee up to Snap, and demand.
ed how il happened that he lost so plain
case Snap (who was always too sharp to
remain in scrape) at once assumed digni-
fed mir and replied-"'Squire Shallow! your
case was capital, the pleudings all proper, the
witnesses all honest, the jury intelligent, the
law plain, and the Judge impartial-but (hold
hereD your case was coram non JUDGE" "Co-
ram what!" replied the astonished Shallow.
"Coram non JUDGE" quietly answered Snap.
The client scratched his head, pulled out ten
dollars, handed it to Snap, and left, mu,tering
to himself-"Coram non judice Snap is u
very smart fellow, but what can man do
agin such rascal as Coram non ju dice?"
General Walker is said ~ be de jure, and
General Martinez de facta ifssident of Nicara.
qua; now, if Walker catches Martinez, or
Martinez catches Walker, we wonder if that
would not present case Of coram non judice
or of the longest pole knocking down the
most persimmons Charles the First was not
only deJure, but de tacto King of England;
but the regicdes, as they lifted his dripping
head aloft from the scaffold and shouted
Oliver! exhibited to the world that, even in
hereditary monarchy, neither de jure nor de
tacto, in fair field and free fight, can con-
tend successfully with coram non Judice.-
Coram always has possession, and possession
is nine-tenths of the law. Coram was with
Walker before he was illegally captured 10
Nicaragua; and if Walker relies only on de
jure, we think he might at once pay up the
costs and walk out OF Court-for "what can
any man do agin coram non JUDGE" and de
tacto, united to oppose his possession p
Columbus Enquirer.