Le Louisianais. [volume] (Convent, La.) 1865-1883, 1868-07-04
What is Law?

II is certainly a great, if not the greatest,
Of the vexa,ions to which we are subjected,
in our present serious state Of political and
civil uncertainty, that courts and judges de.
eide the most important controversies between
citizens on political and partisan grounds,
and without any regard whatever 10 the mn-
n'eipai law or the jurisprudence Of The civi.
lized world. As 10 the Constitution and its
provisions, the person who even cites a provi.
sion of that instrnm nj in any Of our courts.
especially in our Supreme Count, is regarded
as Il very vefdant stripping or mnsly old fo.y.
Let him rest upon a military order, or an act
Of Congress as construed by some ups'a,, gen.
eral, and he stands on high and s,rong ground.
y little printed slip, issuing from headquarters,
and signed by some yonng staff officer, is more
potent than Magma Char,a, Petition Of Right.
g Declaration Of Indie dependence, Articles of Con-
federation, and oil the constitutions that ever
existed in this or any other country. Down
60 before it all the principles and ideas of
civil rights and duties, Of national and inter-
national law, which have been elucidated BY
Gtotius, Bonrlamagin, va,,eI, Wheaton, Kent,
Story, aud all the great pnb'icis,s who have
devoted their lives to the establishment Of the
great fundamental truths Of jurisprudence /;
but who, for all the use they are 10 US of the
i, present generation of enlightened Jreemen might
have more wisely appropriated The paper which
they blotted to the use Of lighting the pipe
which that learned jnrist and philosopher.
Judge Taliaferro, smokes over his profound
decisions, with far more satisfaction TO himself
than he conld possibly derive from a perusal
Of their ponderous tones. 1t was from this
source no doubt that this erudite jurist derived
the inspiration Of that decision which chal-
lenged The admiration Of mankind for its start
ling novelty and radical daring, and which no
other tribunal has yet had The couvage to adopt
end recognize rs sound law. We refer of
course 10 the decision from which Judges His
ley and lAbauve had The temerity to dissent,
by which obligations given for slaves ten or
twenty years sgo are declared invalid because
slavery has since been abolished. This deci-
sion-Iendered by one former STAKEHOLDER and
acquiesced in by two olhers-has been ex-
pte.sIy declared by the Supreme Court of The
United, States, by the Judge Of The U. S. Cour,
in This city. and by the Judge Of the U. 5.
Cour. in Mississippi, and by the same cour,
in Alabama, and by ali other courts in tile
country, and by The whole Bar Of This city and
Of the United States, 10 be grossly, Elegantly
and wickedIy, erroneous, inequi,able and false,
~" law, history and ethics. And yet The theory
is thai tile decisions Of This court are law in
this State! ta3 fA
The same Judge has recently decided ,ha,
The military commander Of this District has
absolute powers above the Constitution and
the law; tina, he can set aside and annul con.
tracts, ssca,e judicial and all other acts, and
DO whatever pleases him and what no govern,
,ment and no authority in this country cal
= lawfully do, with no responsibility to any
powafi bst Gen. Giant. He can annulr you
q tnatrags . co~tract and declare you 4 sinel,
= 'persoN1 e Ne can ssti aside 4 conveyance 0
rtopsttyy sdksoIvsns partnership, a lease, O
any ctfhsfA CON palct between man and man
He, tho military commander, can do AT ihes.
/, md many other equally .eriou. things, no, by
adjudication and .rial, as is done by courts, bu'
eey 4 simple. decree or o'der, wi,hsa. inquiry o,
any sort Of trial, and en,iselyf upon hi, own
ri i1ksssi within. In other words, Judge Talia-