The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1868-11-18
The st. Mary Homicide.
[From the New Orleans Crescent. !

| 4 lIToW Tie new orleans crescent.
The United States Commissioner War
rrn yesterday sustained the plea to the
Jurisdiction of his court in the case of the
charge against Messrs. bennett, Haifeigh
Tucker, Gates, Vinson, Caffrey and Others
charged with completely in the killing OIL
Pope and Chase in the parish of st. Mary
The case had been ably argued before the
commissioner by Judge Spofford. The
judge having declined fee for his services
the gentlemen arraigned presented him
with beautiful silver pitcher as testi.
monial Of their respect and appreciation.
On presenting it MIR. Tucker, on behalf OF
his fellow-citizens, remarked as follows
Judge Fl. II. Spofford:
i am commissioned by those whom
represent to present to you that pitcher,
on which we are proupd to have our names
inscribed, as feeble testimonial Of our APP
probation Of the services you have rem
dered not more to US, as tho parties more
Immediately interested, than to the whole
people of Louisiana, in the lucid exposi-
ton you have made of the United States
Civil Rights BILL" under color of which
the liberties of the people Of this State
have become we'll nigh annihilated. I'm
der color Of this law of Congress- citizens
of louisiana have been dragged fron dis
tant parts ofthe State before the United
States commissioner in New Orleans to
crafty the malice of debased and irrespon-
sible men, to answer for offenses not known
to our laws, or for offenses cognizable
alone before the tribunals of the State.
Hundreds of such cases, we are informed
by the United States commissioner have
occurred without the question of iurisdic-
ton being raised.
On this occasion when we responsible
and law-abiding citizens of the State) have
been denounced before the United States
commissioner, by debased and perjured
wretch, Josiah Fiske, as the murderels of
III. Fl. Pope and Valentine Chase, at
Franklin in the parish of St. Mary, on the
18th ultimo we felt that we owed it to the
liberties of the people Of Louisiana as
we'll as to ourselves, to raise the question
Of the jurisdiction of the Federal tribunals
and to vindicate the exclusive Jurisdiction
of the State courts in such cases. We
raised the Question o. Jurisdiction aud
Solicited your eminent abilities to sustain
the point, to which you responded in a
manner honorable to the profession Of
which you are on eminent member.
Your irresistible argument and lucid ex-
position CT the law has removed from the
mind of the United States commissioner
any doubt he, may have had as to his juris-
diction in such cases. Our exception has
been sustained, and the usurpation of the
federal authorities in cases of this sort
may now no regarded as at an end in Lou
isiana. And to you, sir is to be contributed
this contamination so devoutly to be
wished. | am commissioned to present
you this as lasting testimonial of our
gratitude for your services in this case, in
behalf of the rights and liberties of the peo-
pie of Louisiana, rendered without fee or
hope of reward" This tribune of our
lasting respect and esteem we hope you
will treasure in the spirit in which we pre-
sent it.
In reply, Judge spoford responded in
substance as follows:
Gentlemen as am by this
sudden presentation of a valuable and un-
merited gift from so many of tho citizens
of st. Mary, know not what to say. A
token of esteem 50 gracefully presented ]
accept with many thanks, and I shall
transmit it with pride to my children, not
merely for its own value and beauty, but
principally ON account of the motives
which have actuatcd tho givers. For the
compliments to my humble services which
you, Mr.. Tucker, on their behalf have adj
dressed to me, thank you and them, al
though cannot but say that think you
greatly ovcrrate the value Of those ser
vices.
But, gentlemen, proud as shall ever be
OF this tribute, the sight of it will not DO
unaccompanied by reflections of sadness
One melancholy thought it suggests viii
be that 1 have had the misfortune to live
in day and time when lawyer was
deemed worthy of being honored with y
special token of distintion for fulfilling
the first duty which every lawyer living
under constitutional government owes,
not only to his profession, but to himself
In expounding the statute of which you
have spoken, acted not merely as an ami
Gus cuiae anxious to guard every depart,
ment in the administration Of justice from
cncroaching upon others; spoke not SIM
ply for you, but for myself as well-nay,
for every citizen of our common country
whose life, liberty and estate are all in
volved in preserving intact tho boundaries
between State and federal Jurisdiction.
Another sad "Reminiscences connected
with this beautiful present will be-, that
such was the confusion, disorder and reck-
lessness of these times that it was nccessa-
ry to make an argument at all to the Of
feet that tho courts and officers Of the
United States had no jurisdiction of q
purely State offence, involving no viola
ton whatever of the laws of the United
States. Tho citizens Of Maine arc as deep
ly interested rs those of Louisiana, in
this fundamental doctrine of
our dual system of government in tho Uni
ted States 1t is painful to be reminded
that Louisiana has very recently been so
dslocatcd from her normal relations as a
member of the Union, that this great and
fundamental distinction between tho gem
eral and the local tribunals has too often
been practically abrogatcd, and we have
the woes of that people III
whose Judgment seats tho stranger sits.
Let us hope that this decision of this
so calm, so impartial, so just, is
but the dawning of o brighter day. And,
gentlemen, let us all do our best endeavors
to re-inaugnrate the reign of constitutional
law, to encourage order, to do Justice and
to uphold the ministers of justice when-
ever and wherever they do their duties
without fear, favor, affection, reward, or
the hope Of reward.
REMOVAL OF THE NATIONAL CAPITAf.--
One of the editors of tho Washington Star,
lately travelling in the West, writes from