Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1863-02-11
S. TODD. Editor & Publisher.
"Wednesday FBB. Il. 1863
The Case CT BOiiea,r.


We notice that the name OF Albert ID.
Boileau no longer heads the editorial col
uInns of the Philadelphia Ereaiag JoWrHat
ImpelIed, no doubt, by sense Of shame, !
after having made a calf of himself, he .
seeks To cover his cowardiee by withdraw
ing his name from public gaze. The .
friends of the Jos5Ral too We're, likely,
Instrumental in advising Mr.. Boileau TO
withdraw FROM the paper, knowing we'll .
that the future success Of the JoilrssGi, - /
a Democratic organ, viii greatly depend /
upon his disconnection with it entirely !
letter that the poor fellow was covered
into tame submission, by . few threats OF
the midnight assassins who violated his
person but while we blush at the degra-
ding humility Of AIr. Boileau, we DO not
mean 10 say aug!it against the Jo'0.aa!
which heretofore, HAS been ably edited.
and from recent numbers, it promises
not to deviate from It's former course, nor
while we 10 not think its ostensible eii-
tor worthy the fuss which has been made
over him, we do not regret having said
what we did, for Il was not :; particular
individual, but the pGincipic foC which
we contended- And until Congress and
the Administration come back TO those
fundamental principles of our Govern
ment, they will not make one advance
step towards either saving the Union or
supp ressing the present rebellion for an
Administration which has not the viii
and confidence of the people is always
weak We care not for Mr. Boileau nor
his editorial article. for we believe. under
the Constitution of the United States and
the laws of Pennsylvania, that he had .
perfect right to publish the article in ques-
right for which we contend. II we are
to have a government, let US know it.
If Abraham Lincoln ard his cohorts in
tend, for the sake of further rapine, TO
provoke revolution in the free States OF
the North, where we viii witness war 10
the knife, let us know it. that the people
may be prepared TO meet the worst
Lincoln and his accomplices must aban-
don their wicked and absurd course he
and they must be made to know that the
people are the sovcreigns and they ere
only public servants, subject to the same
laws and penalties with the meanest citi-
zen in the land those ines,iinable rights.
for which our fathers sacrificed blood and
treasure, must be guarded and preserved
sacred and inviolate, or else our Govern
ment Is only free in name and our boasted
liberties deiusion. We make IN ex-
tract from the charge of Chief Justice
Lowrie, delivered on Wednesday last. in
the case of William II. Hodgson, of the
West Chester Jef;rSo,iga against the /.
$ Marshall, fyr damages sustained bv
an unlawful seizure of said paper. which is
very important just now, when the Ex-
eShtiNC - ShuS<iN SIi.iss ~ G1Ii y III lIle
authority AMI powers OF the judiciary.
In the cours, of MS char!e, judge Low
riS Ill
go, nsv. Important element in the
causa : he aiI -, fact that the net com
piainal II WIS authorized by the Presi-
dent at the United States, ard was cxecrl-
ted bv important Federal officers But
this c!c:ne..; loses al lis legal Importance
WIN We con,i.ler that al. public function
aries il this land are undsr law. and that
non, from the highest 70 the lowest, are
above L. They, a. we'll as We. are under
tl.e Constitution and laws of the United
Ss,s:eS, and sworn to support, protect and
defend them, or take them a. their rule of
civil anl official conduct, and they and we
are to BE- Judged by them in our civil and
official conduct in all appropriate cases.
The acts of the President and of his
suboTdinates are, therefore, without right,
unless they are authorized by some article
of the Constitution. or of tho laws made
under It and consistent with it ue can
make 10 laws tha; can vest in him new
authority, or that can protect those who
obey his Unauthorized orders. He would
not claim that lie could.
L L I