Natchitoches spectator. [volume] (Natchitoches, La.) 1867-18??, 1867-12-05
District Court.

Honor, w. b. Lewis, presiding; David
l.. Pierson, Esq, DISTRICT Attorney.
The States Attorney challenged the
centre on the ground t.iat it was illegally
drawn: introducing as witnesses the
Sheriff and Clerk of the Court, who de-
posed that the jury as-dfawn in acs
cordance with q recent military order
from District Headquarters. based upon
what is commonly known as the Recon-
struction Acts of Congress-omitting
the names of those who were disfran-
chised by these acts, and adding those
of the newly enfranchised class, who
are registered voters and tax payers
which was conclusive to his Honor that
this proceeding was contrary to the laws
of the State, and he accordingly dis
missed the Jury. He briefly stated to
the Jury, the members of the bar, and
the attending citizens, his reasons for
SO doing, and caused the same to be
spread upon the minutes of the Court,
at length, copy of which we annex:
The act of Congress passed on the
I'd day of March, 1867, to provide for
the DEMONSTRATION of the States lately
in Rebellion against the United States
after making various provisions for the
temporary Government of said States
by Military Commanders, provides in
the 9Th section for the call of State
Convention to frame a Constitution-for
the enfranchisement of a large class of
persons not recognized as voters by the
laws of the State, and for the disfran-
chisement OF another class recognized
by the law as duly qualified voters. The
9th section gives to the first class and
denies to the second, the right of voting
at all elections held in these States
whose governments are declared to be
provisional only" ~ j.,
An order emanating from the Military
Commander of the 9Th District directs
that tie Jury lists shall be taken from
the Registry of voters prepared under
this Act of Congress, and from the AS
sessment rolls. Under this order the
list of Jurors for the present Term of
this Court has been drawn. E
The list contains the names of persons
who, under the laws of the State, are
not qualified voters, though they are
tax payers--others who are qualified vo-
tiers under the law and who are also tax
payers, have been rejected because their
names have been excluded from the reg
istry lists. at g. ,r.:.
This places upon the Jury persons not
qualified under the State laws and ex-
cludes others who are. .
1t is moved to set aside the list of Jul
rors so drawn, because, juries must be
selected under our own laws, Congress
having no power or authority to regu-
late the mode of drawing or empannel-
ing iuries, nor to fix their qualifications
within any of the States-that in at
tempting to do so they have exceeded
the authority conferred on them by the
Constitution, and consequently, the act
referred to, and all orders and proceed
ings under it's provisions are null and
void, and should be so declared by the
Courts.
There is no dispute as to the facts
which are admitted as stated above, and
proved. The laws of Louisiana require
that a Juror shall be, both voter and a
taxpayer. This act of Congress makes
voters of persons to whom this privilege
is denied by the State, and thus quail
fes them to that extent to serve on jul
ries-it also excludes from the right of
suffrage, others who are entitled to this
privilege under the laws of the State,
and thus disqualifies them as jurors.
This state of facts raises the ques ton
whether the State Courts are bound to
proceed under their own laws or under
those passed by Congress. The provi-
sions of the two being antagonistic and
irreconcilable, the alternative is presen-
ed of adopting one and rejecting the
other. .t alf l.H3 suy3 w..
The Constitution of the United States
and the ldacs and treaties made az pursW
Gnce thereof are declared to be the SW.
preme JG1o Of the land. Our first enquiry
then is, whether the Act of Congress
referred to has been passed Sin patrSW
Gnce' OF the Constitution of the United
States; fit be so passed, Courts of JUS
tice are bound to obey tiff not, it be-
comes solemn duty so to declare and
to refused to obey it.
Is the act then passed az pursuance of
the Constitution of the United States?
In the investigation of this question /
shall not refer to specific articles of the
Constitution, general reference to it's
well known and universally recognized
provisions being deemed sufficient for
the purpose. The act referred to pur-
ports to provide for the Reconstruction
of the States lately Gn Rebellion against
the authority of the United States. This
clearly recognizes Louisiana as State
it does more, it recognizes her as a state
an the Union for she ia choroptpriZp1