New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-07-23
The AmdavIt Against Judge Abel.

lty passed a spurious bill Of like denomination i'm
mediat ly after
The AmdayIt Against Judge Abel.
subjoned is the affidavit upon which United
States Commissioner Shannon caused Judge Abel
to be arrested and arragned before him, and upon
which he committed the Judge for trial before the
United States Circuit Court:
UNITED STATES OF AMERICA, EASTERN DIsTRIcT)
| or LOUISIANA, PARISH OF ORLEANS CITY or
| NEW ORLEANS, q. S. COMMISSIONERS OFFICE.
Personally appeared before me, the undersigned
authority, a commissioner of the United States, in
| and for the Eastern District of Louisiana duly
commissioned and sworn, and now exercising and
| dischargng the functions Of said ofiGe, Il. F,
| Daunoy, who, being duly sworn, deposes and says
that ne is loyal citizen of the United States OF
America and of the State of Louisiana;
That he voluntarily appears before this honora-
BILE court, in behalf of himself and other loyal
m CT lzeGs of tie State of Lou siana, for the
1 purpose OF having Mr.. e. Abel arrested and
dealt with according to law;
That in the early part OF the month Of May last
the said Il. Abel, then acting id the capacity Of
judge Of the First District Court Of the city Of New
Orleans, in the first judicial district of the State of
| Louisiana, with malice aforethought, wilfully,
wickedly and nalic0usy without the fear OF God
and n open violation Of the Constitution and laws
of the United States, and OF the State OF Louisiana
and more particularly in open violation Of an act
at the Congress Of the United States, entitled tan
act to protect all persons in the United States III
their civil rights and furnish the means Of their
yindication, y did decide knowingly, wilfuy ana
malicousy, in the case Of the State Of Louisiana
versus Il, Devices, p Nelson, ct al. that " unre-
presented Louisiana, patieut and suffering, is de-
voted to the Constitution and laws, bat will never
consent to lay her sovereignty at tie feet of eGe-
raj encroachments, party violence or factions
usurpation ~ (meaDing the Congress Of the Unite
States.) And further judicialy decided that the
said act of Congress, usually termed the civil
rights bill is unconstitutional aims at the strik-
= | tu
sap the foundation of republican government,
override the laws of the State, aud to obliterate
every trace ofindependence Of State Judiciary, by
disgraceful serviie ends ~
That his Judgment in full, in the case as afore.
said is in words and figures, following, or words
Of the same import aud meaning:
This rule involves grave considerations Ist. Is
there such an act OF Congress as the civil rights
bill I'd. If there is, is it constitutional; and Sd.
Ii there be such act and it constitutional, have
these parties brought themselves within its pro
visions?
The act relied upon, not having received the
signature of the President, rests for its validity
upon the second clause of section 7th Ist article,
Of the Constitution Of the United States which
declares that every bill which shall have passed
the House of Representatives and the Senate,
shall, before if becomes law, be presented to the
President of the United States if he approve, he
shall sign it; if not, he shall return it with his OBJ
jectons to the House in which it shall have orgi-
mated, who shall enter the objections at large on
their journal, and proceed 10 reconsider it. j
after such considerations, two-third5 of the House
shall agree to pass the bill it shall be sent to.
gether with the objections to the other House, by
which it shall likewise be reConsdered and if ap.
proved by two.thirds OF the House It shall become
law
} When the President of the United States is on
trial, the chief justice shall preside, and no per
son shall be convicted without the concurrence a
twothrds of the members present. In this
case two.thirds of the members may remove. The
same power could have been granted to two-thirds
of the members present to make law, over the
n veto of the President The law-making power is
high and transcendant and it is not of reason that
the trainers OF the Constitution intended to vest
such a power in two-thrds of the members
present, which may be less than majority of the
Senate, as in the present case. Such construc
ton would shock arepublican people, and impeach
2 the wisdom of the founders of the government.
b I" If my premises and conclusions be correct
the civil rights bill never became law. If | an
incorrect, Is the law constitutional? This depend;
- upon the powers conferred upon Congress by the
u several States to regulate their internal and do
II mestc affairs. If Congress has exceeded these
powers, the law is unconstitutional and not bind
= ing upon the courts of the country. The States
at the time of confederating, were Independent
y soyereignties. They surrendered a portion O
is their sovereignty to the federal government. The
rights surrendered are defined and fixed by char
ter, (the Constitution aud the remainder are re
!, served in the States and the people,
a "The Constitution of the United States and tht
laws of Congress- made i'll pursuance thereof, il
the law Of the land, and binding on all the court
of the States, but order to be binding, Congress
must be restricted to its delegated powers. The
l. right to try and punish the inhabitants of the ndi
yidual States, Of whatever race color, fol
6 obenses committed by one inhabitant of a Stat
u against another, and to preserve the general po
| lice and good order of the State, was never del
egated to Congress, and is of the reserved power
enumerated in amendment ten of the Constitution
which repeat:
c "'I The powers not delegated to the Unite
States by the Constitution, nor prohibited by it t
s the States are reserved to TIE States respec Ve
Tor to the people,
"The federal Constitution and the laws made il
Is pursuance thereof is the paramount law, and Will
:, the federal government moves in its own sphere
v is not only paramount, but like to the sun in th
armament, is the center Of power and attraCtio
to the family of States, They too in their spheres
are as independent the stars Of the sun froI
i which they borrow their brightness.
y "UTepreseEted Louisiana, patient in suffering :,
A. devoted to the Constitution ndlaws, but willneve
consent to lay her sovereignty the feet of feder
d encroaGhments, party violence, or actVus usurpi
r. ton.
: "The civil rights bill has been passed upon b
- a great constitutional lawyer, statesman and p
le triot Andrew Johnson He speaks like the Others
rA he decided it unconstitutional and vetoed it.
- President of the United States am the sam
Ill mind, and believe it to be unconstitutional
he binding on this court.
''In reviewing the civil rights bill, I have di
Is charged what believe to be my duty to the Stat
le by Withholding the judicial sanction of this cou
f. to a bill that appears to aim at the striking dow
the Independence OF the States, to sap the found
ty ton of republican government override the Law
re of the State aud to oblterate every trace of ind
:, pendence OF State Judiciary by dsgracetul servi
y ends"
n That said decision of said e. Abel is of q tumu
c tuous and riotoua character seditious in tone an
language, and nOpen violation ofsectons first, Sc
ond and third of said of Congress- the civil rgh
u bill and an open and wful attempt on the part
=, said Abel, wifuly wickedly, knowingly and ma
icousy to aid the rebelious people in the insure
IS. tiOnary State of Louisiana, to resist law be di
No orderly, contemptuous, and bid defiance to the
= lightened wisdom of Congress aud the well detint
laws of the United States. and of this State.
N. That in the language of the second section
ed said act of Congress, (the civil rights bill) Il
It, said Abel is person. who, under a knowing 81
.e willful msinterpretation of some pretended lt,
r. statute or regulation, has subjected all the inhai
of tants of said State of Louisiana, coming within
in jurisdiction, to the deprivation of any rights
be cured or protected by said act of Congress w
OF malicious, wicked, knowing and illegal acts Of a
ie. defendant Abell renders him guilty of Al v is
nd meanor and by virtue of said act of Coy ,rre
ne makes him liable to fine not exeReGB og 20 :
Sc Thousand dollars, or imprisonment not O. ,ceed
se one year. or both, i'll the discretion of To CON-,
he That said Abel has grossly, knowiagA' wicLa
in and maciousIy further violated saGF On third
or said act OF Congress, in and by y rtne Of $
ny decision,
nd That Notwithstanding the afores aid violation,
re- the provisions of the COnstituJOD ana loIrs oF
md United States, and of this State the said = Al