The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1868-04-29
The McOardle Case.
Fromsthe National Intelligencer.

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| Whether there is judicial protection for
liberty in the United States is not decided
The question was argued, on behalf of the
present generation and Of their posterity
on the one hand and on behalf of the
usurpers an6 despots who dare dispute
with the people the sanctity and majesty
Of their organic law, on the other. Per
hapsi il. is better, for the present. When
the nextyterm begins the decision Of the
Supreme Court may reaffr mthe Constitu-
ton, Or recognize successful revolution,
Of the former, the three long years of wrong
cruelty unequallea,, Of corruption unpre-
cedented, and of dishonesty UNNECESSARILY
deep, broad and corroding, will sink the
whole fabric of Radical misrule under the
judicial fat that will descend upon it as
the storm offre descended upon Sodom,
leaving but poisonous poolin the path
| OF oar history, conspicuous example to
instruct nations and warn peoples. But If
! the Constitution shall then have passed
away--if the executive power shall have
beer; annexed to desperate junta, in con-
| troll Of the legislature, and an imperial des-
Ipotism seeks TO coence the judges to lend
the sanction of the ermine to the deeds of
the sword, it would boot us little to be
able to revert to time so recent as the
present day would be, to measure, by a
solemn adjudication, the magnitude of our
loss, or count in its noble truths, our stores
of grief and shame. Perhaps If the Su-
preme Court now pronounced that .McCar-
lie is freeman, and, therefore, the whole
organism ofoppression vast engine for
murder, robbery, assault, abduction, tres
pass, intimidation, extortion, insult and
/ SANDER, for the purpose Of compelling
whole communities of free white people
Ito choose criminals for their rulers and ne
tgroes for their associates-aII in the false
form of laws of the United States for the
restoration Of the Union, the just decision
would be condemned and derided by
thousands of delndtd citizens, ignorant of
their folly and blind TO, the party chains
with which nnprincipled bodies have bound
them. r..,.r...
. One of the most aged and learned of the
judges of the Supreme Court has spoken
the becoming, and, we doubt not, the &C
itual sentiment Of every brother or the judi
cial bench of the whole country. in the fol-
lowing, now lodged in the files Of the court
as an everlasting memorial to the honor of
the venerable Mr.. Justice Grier. Well
does he anticipate the inevitable imputa-
ton Of weak evasion ola duty whose obi
CATION is inexorablei in proportion to the
peril threatened againstits performance:
! "Es parae. VIM. Ell. McCafdle. This
case was fully argued IN the beginning of
this month. 1t is case which involves
not only the liberty and rights Of the ap-
pellant, MeCardle,] but of,millions ofour
jfellow-citizens. The country hada right to
expect it would receive the immediate and
solemn attention of this Court. By the
postponement Of this case, this Court will
subject themselves whether justly or I'M
justly to the imputation that we have
evaded the performance of a duty imposed
upon us by the Constitution, and waited
for legislative 'interposition to supersede
our action and relieve us from responsible
ty. can only say, .Pudet haec oppro6ria
noDis, ct po!uisse dici, ct con potasisse
repeM."