The south-western., 1866-08-08
The Convention Consnirators.

OF the many audacious acts of disregard and con-
tempt for law and established authority which, to the
shame and disgrace of country daily and al
most hourly occurring within its limits regard the
recent arrest Of Judge Abel in this city as the most
dagrant
For the benefit of strangers and of persons residing
ont OF the State, present full statement of the
facts of this Judge Abel presides in the only
of record sitting in this city, which has ursdc
ton of crimes and offences against the laws of the
State. 1t is made his duty charge the grand jury,
whenever empanncled upon such facts relate to
their duty, to direct them in regard to crimes and
wrongs, which are perpetrated or threatened and to
expound the law applicable thereto.
1t being made notorious by their own acts and de-
olaraons that a body of men, led hy Judge of tie
slpreme cou intending aud eudeavorng 10 SET
aside the lawful authority and constitutional govern
ment of the State by attempt to revive convention
which expired two years ago and has no earthly au-
thory or sanction from the people or government,
Judge Abel, who a member of that convention,
regarded it his duty charge the grand jury that sue
act would be offence against the State and would
properly come under the jurisdiction of the grand
inquest He therefore referred them to the law in
the case which is thus laid down in the statute OF
1905 and will be found in Bullard Curry's Digest,
page 248
Sec. XXI Whoever shall make, or knowingly
assist at any mob, riot unlawful assembage, shall,
on conviction thereof suffer fine imprisonment OF
both, at the discretion of the court"
Ine QtunltlOnS OF crimes unuef our cfllnlnai law
are fixed and ascertained by reference to standard
common law authorities The book most generally
cited for these definitions is Russell on Crimes.
That author, page 272, volume first, thus defines
an unlawful assembly: AN unlawful assembly, ae-
cording to the common opinion, is disturbance Of
the peace by persons barely assembling together with
an intention 10 do thing, which, if it executed
would make them rioters, but neither actually exeeu-
ting it, nor making motion toward its execution"
The same writer, page 266, vol. thus defines a
riot: \ riot Is II tumutuous disturbance OF the
peace By three persons assembling together,
of their own authority. with intent mutually
sist another against any one who shall oppose
them in the execution OF enterprise Of private
nature.p
We think it has been very clearly demonstrated that
that the assembage of men, calling themselves the
convention OF 1864, is an assembling together of
their authority" of men to do unlawful thing,
and resist the lawful authorities of the State.
1t was therefore, the evident duty Of Judge Abel
according to Ills understanding'o the law to charge
the grand jury relative to the indictment of such
parties, and if indicted, it will he the duty Of the
attorney general whenever they assemble for any such
purpose to have them arrested aad dealt with accord
ing to law. The Interference Of the commissioner o
the United States district court with such process Is
and abuse of his authority, and virtual
makes him particepS crnlinlS in the evil doing The
United States government protects its officials while in
the discharge OF their duty but when they 60 beyond
it, and deliberately and knowingly violate the laws o
the State and uurp powers not vested in them, they
are placed beyond the pale Of the guardianship OF
protection Of the Federal authorities. n. O. Times.
-%s~---
Gen. James w Tnrockmorton, governor elect OF
this State passed through this place the present week.
en- route Tor Austin He spent the day with us on
Tuesday and left on Wednesday, accompanied by
Hons J X P Record senator from this district Nat
NJ Burord and A. NJ. Cochran, repre- sentatlves from
Dallas county and capt John w. Lane, OF this place
The latter has been rendered and accepted the appoint
ment of private secretary his excellency the gov
error Perhaps under the circumstances, we should
not saw it, but we are satisfied the appointment il
hailed with pleasure by the many friends Of the cap
tain, wherever he is known, one well worthy to bt
made. Dallas Herald, 2S;h uit.
A MISSION TO EURoPE.-The London Shipping Ca
zette, of July 9, has the following;
Mr. Stewards tsecretary Stewards SOM visit TO Par
has opened with several interviews with tile emperor
and Druoyn de Lhuys
The ect of these conferences is understood 20 bt
the solution of the difficulties which impede hume
date settlement of the Mexican question One writer
sates tiiat Mr. Seward Is e8lezfurg 90 % beiaE aHeHi
m understanding between France and the DaEea
States with regard to 0ana34 81 is, however, haF-
to see in what @ay Ereaea interests are concerned
ata British North America IL 8!r. Seward bus any
arrangement to make On this subject be will probably
do So wilh lord Sgsnleg, whom and 20 whose gog-
erHent he Is scarcely likely 90 be so strongly opposed
as be Noa,d be 20 a ministry OF which the guiding
sptz1ss we're lord Rgsss eH5 - Gladstone