The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-11-08
THE ST. NARY HOMICIDE.

The United States Com missioner Warren YES
terday sustained the plea to the jurisdiction of his
coart in the case of the charge against Messrs.
bennett, Haifeigh, Tucker, Gates, vnson, Caffrey
and others, charged with completely in the killing
of Pope and Chase in the parish of 81. Mary. The
case had been ably argued before the commits
sioner by Judge Spo1ord. The Judge having de-
clned fee for his services, the gentlemen ar.
raieped presented him with a beautiful silver
pitcher as testimonial of their respect and
appreciation. On presenting it Mr.. Tucker, on
behalf of his fellow citizens, remarked as follows
Judge H. Nj. sponord:
lam commissioned by those whom represent to
presentto you that pi cher, on which are proud
10 have our names inscribed, as feeble tesi-
monisl Of our appreciation OF the services you
have rendered not more to us, as the parties more
Immediately Interested, than to the whole people
of Louisiana, in the lucid exposition you have
made of the United States civil Rights bill -
under color Of which the liberties of the people Of
this State have become well nigh annihilaied
Under color Of this Law Of Congress citizens of
Louisiana have been dragged from distant parts
of the State before the United Sta es commission
er in New Orleans to crafty the malice of de-
based and irresponsible men, to answer for
ofienses not known to our laws, or for offenses
cognizab'e alone before the tribunals of the State
Hundreds OF such cases, we are informed by the
United States commissioner, have occurred with
On his occasion. when we Irresponsible aud
law abiding citizens of the State) have been de-
nouDced before the United States commi- sioner,
by q debased and perJured wretch, Josiah Fiske,
as the murderers of II. H. Pope and Valentine
Chase, at Franklin. in the parish of st. Mary, on
the 18th uiimo, we felt that we owed it to the lib
critics of the people of Louisiana well as to our
selves, to raise the question of the jurisdiction of
the tedera tribunals, and to vndicate the exclusive
jurisdiction Of the State courts in such cases. We
raised the question of jurisdiction and solicited
your eminent abilities to sustain the point, TO which
youTtspOnded in a manner honorable TO the pro
fession of which you are an eminent member.
Your irresistible argument and lucid exposition
of The law has removed from the mind of the
United States commissioner any doubt he may
have had as to his jurisdiction in such cases.
Our exception has been sustained, and the
usurpation of the fed eral authorities in cases OF
this sort may now be regarded as at an end in
Louisiana. And to you, sir, Is to be attributed
this contamination 30 devoutly to be wished. |
am commissioned to present you this as a last
ing testimonial OF our gratitude for your ser.
vices in this case, in behalf of the rights and lib.
critics of the people of Louisiana. rendered with.
out fee CT hope of reward" This tribute of our
lasting respect and esteem we hope you will
treasure in the spirit in which we present it.
In reply, Judge spoGord responded in substance
as follows:
Genaemen-Surprised as am by this sudden
presentation of valuable and unmerited gift
nOm tO many VI ClJlcus VI o. mary, L KNOW
not what to say. token of esteem so gracefully
presented accept with many thanks, and shall
transmit it wi h pride to my children, not merely
for its own value and beauty, but principally on
account OF the motives which have actuated the
Rivers. For the compliments to my humble ser.
vices which you, Mr.. Tucker, on their behalf have
addressed TO me, thank you and them although
cannot but say that | think you greatly overrate
the value of those services.
But, gentlemen, proud as shall ever be of this
tribute. the sight Of it will not be unaccompanied
by reflections of sadness
One melancholy thought it suggests will be that
have bad the misfortune to live in a day and
time when lawyer was deemed worthy of being
honored with special token of distinction for
fulfilling the first duty which every lawyer living
M der a constitutional government owes, not only
to his profession, but to himself. In expounding
the statute of which you have spoken, 1 acted not
merely as an dTnicus cuTig anxious to guard every
department. in the administration OF justice from
encroachiDg upon others i spoke not simply for
you, but for myself as well-nay, for every citi.
zen OF our common country whose life, liberty
and estate are all involved in preserving intact the
boundaries between State and federal jurisdc-
ton.
Another sad Renaissance connected with this
beautiful present will be- that such was the con-
that it was Necessary TO make an argument at
all to the et ct that The courts and officers of the
United States bad no jurisdiction Of purely State
offence, involving no violation whatever of
the laws OF the United States. The citizens
OF Maine are as deeply interested as those OF
Louisiana in maintaining THIS fundamental doc.
trine of our dual system of government in the
United States. 1t is painful to be reminded that
Louisiana has very recently been so dislocated
from her normal relations as a member OF the
Union, that this great and fundamental distnc.
ton between the general and the local tribunals
has too Cfen been practically abrogated, and we
have encountered the woes Of that people in
whose judgment seats the stranger sits.
Let us hope that this decision of this morning,
80 cain, go impartial. just is but the da wniog
OF brighter day. And, gentlemen, let US all do
our best eDdeavCrs to re-Inaugurate the reign of
constitutional law to encourage ORDER to do ius-
tee and to uphold the ministers of justice when.
ever and wherever they do their duties without
fear: favor, affection reward, or the hope of re.
ward =