The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1867-08-21
The Civil Rights Bill in Court.
ARREST OF MAYOR HORTON.
From the Mobile Register, Aug. Ill

From the Mobile Register, Aug. Ill |
Great excitement was created on the
streets yesterday by the report that Mayor
Horton had been arrested by the United
States Marshall and and taken before
Commissioner Turner, on the charge of
having violated the Civil Rights Bill
The violation charged consisted in the
sentencing Of q negro known as Charles
Archie johnson to leave the city within
twenty-four hours for disorderly conduct.
Early yesterday morning several citizens
waited upon Commissioner Turner and
asked him to issue warrant for the arrest
of the Mayor, for this violation of the q.
S. law, but the Commissioner declined, on
the ground that no affidavit was before
him. Shortly after, Major St. Paul APP
peared in Court and made the following
affidavit: #.sl3
State Of Alabama, county Of Mobile
before the United States Commissioner for
the Southern District Of Alabama. Before
me- the undersigned, a Commissioner of
the United States for the Southern District
of Alabama, personally appeared Henry
St. Paul, citizen of the United States,
and for the State of Alabama. who, upon
OATH says, that in the Southern District of
Alabama, on the 9th day of August, A. d.
1861, one Gustayus Horton, the acting
military Mayor Of the city Of Mobile, did
commit violation of the laws of the Uni
ted States, and more especially of the law
commonly known as "the civilrights bill, y
in this, to-wit: that at the aforesaid time
and place, he did cause to be brought be-
fore him, in his official capacity as Mayor
of Mobile, under arrest, one Charles Ar.
chic johnson, upon charge Of disorder
Ily.conduct J" that upon the hearing of the
charge of disorderly conduct, the said
Gustavus Horton, acting as the Court, did
find the said Charles Archie johnson
guilty, and then gave sentence that he
Should be taken in charge Of the police anc
forced to leave the city OF Mobile within
twenty-four hours, which sentence and or
der was duly executed.
That Charles Archie johnson is col
ored citizen, and that the sentence IN thl'
case is unjust, and makes distinction OF
account of color, he, the said mlltar.
Mayor Horton, having had before him OF
many occasions men Of both white ant
black races, to whom he never inflicted an,
I such unlawful, unwarranted, and tyrannica
punishment, but being instigated by tn
t devil and to satisfy his. spite and reyeng
: against the said Charles Archie johnson
he abused his authority contrary to tn
+ power of the statutes in such cases mad
y and provided. So Help me God.
: .8s3 Henry ST. PAUL
l. Sworn to and subscribed before me thi
e 10th day of August, 1867. - t7l.'a
e w. w. D. TURNER,
+ United States Commissioner.
/ Immediately upon the receipt Of tn
J. affidavit, a warrant was issued by tn
r court and taken charge Of by the Unite
States Deputy Marshal, who set out t
( arrest the Mayor. 60.
|. The Marshal made his FIRST visit to tn
q Mayors office in the market building, an
G waited there two hours, when finding tff
y Mr.. Horton still continued absent, he pr
y. ~ ceeded to that gentlemans residences whel
" he served his warrant. Mr. Horton a.
n companied the Marshal to the customhous
ID and although the Commissioner was hol'
re ing open Court, the complainant was NJ
n present and had to be sent for. r q =
of After considerable delay, the complain
I'd ant not making bis appearance, the May
!. protested against the proceedings, and st
\. ted that he was being interfered with
* the discharge of his duties. Is
u Commissioner Turner, upon his protes
b. decided not to wait longer for the cor
Y, plainaut, and postponed an examination
1t the case until Monday next, at 1890 P.
m He informed Mr.. Horton chat he must
is main 10 the custody of the Marshal durlr
the interval. ..'b 4'o ~ = 70
&c Mr.. Horton, before leaving the coul
l said that -he believed himself interfer
~ with in the, discharge of his official dutie
81 81 and that he would telegraph to Washin
W ton to ascertain the extent OF his anthorit
" The arrest was, of course, purely d for
81 and Mr. Horton was allowed his person
ID liberty on his own recognizance.
&c We learn that the Mayor telegraphed
IS Gen, Pope immediately after his relea
from custody, and it is believed that t
military commander will actively interft
in the case I5 -
At The boy johnson is expected back fft
New Orleans in the mail boat this morniI
II, and Will appear in Court for the prose-
at tion 49,