The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1869-05-19
'I'ElIlElGRA -PHIC.

Sh"se WIS morning 0eliVefeu dis opinion
on an appeal from Judge Underwood's de-
oision in the District Court, declaring null
the sentence of Judge Sheffay o the State
Court, on the ground of Sheffay's ineligi
bility under the 18th amendment The
case was that of Caesar Griffin, negro,
sentenced to the penitentiary for shooting
man. The Chief Justice read the opinion
ofthe Court, holding that, as the State
government of Virginia had to be Teeog-
Missed all during the war by Congress, first
at Wheeling and then at Alexandria, the
action OF that government in dividing thy
State had been recognised by the United
States, and Senators and Representatives
erected by that government had been al.
lowed seats in Congress, it was under this
government that Shelley had been appoint
ed, he was therefore legal Judge as far as
the State government was concerned. The
question now came up whether, being
Ineligible, he was not absolutely relieved
by the operations of ibe 18th amendment.
The United States District Judge had de.
cided that he was, but in examination of
questions OF this sort, great attention is
prodery paid to the argument of incoDven-
fence, aud a construction which must neces-
sarily occasion great public and private
mischief must never be preferred to q con-
struction which will occasion neither in so
great degree, unless the terms of the iustru-
ment absolutely require such preference.
The opinion here shows the a; archy which
would be produced in State by declaring
pr oceedines void. 1t then considers the
character and intent of the third section of
the. 18th amendment, which declared to be
punitive. 1t is clearly against the provis-
ions of The constitution, which deny to the
Legislative au hority the power TO deprive
any person of life, liberty or property, with
out du, process of law, or to pass ex post
facto laws, and these, it there were no other
grounds, are reasons for seeking another in
depreciation of the amendment than that
by the prisoners counsel The 14th amend
ment is not self enforcing and needs further
legislation OF Congress to enforc, it, aud
two months after the judgment now being
revised was had, Congress passed joint
resolution providing for all ineligible, show
ing that persons then holding Office were
held to be de lacto officers, and providing
the means for their removal by the military
The Court said the Supreme Court had
unanimously incurred in the opinion that
a prisoner sentenced by judge de tacto,
though not a judge de jnre, could not he
reached by habeas corpus. Decision of the
District Court reversed and Caesar Griffin
remanded to the State authorities
In the United States Circuit Court this
morning, deter Phillips, to be hung next
Friday for wife murder, came up on habeas
corpus. and was remanded to the State
authorities on the ground that the was
4. f.. Al, Al \
promulgated.
WASHINGTON, May IL 1t is represented
on good authority that the question of re,
cognizing the independence of Cuba form
ed prominent theme of discussion at the
Cabinet meeting this afternoon, and that a
majority of the members took strong
grounds in favor of aiding the Cubans.
On the other hand, it is claimed that the
Government is in receipt ofinformation
from reliable sources, that the Cuban insur-
gents are not making any Roadway. and
that but little remains Of Cuban forces but
detached parties acting as guerilas. This
kind Of warfare, it is said, may last for
some time, but the Spanish army expect to
put all end to this insurrection in short
time.
the Spanish side, but through an agent of
our government in Cuba, who has been
close observer of affairs in the Island.
1t is also said that the opinion was ex-
pressed to-day by a high official of the
House of Representatives, that the recog-
milton of the provisional government Of
Cuba was only a question oftme. and that
but few weeks more would pass before
de .facto government would be established
by the Cubans and duly recognized by the
United States government.
The order of President Grant to the
War and Navy officls, authorizing them to
sell war material to any parties desiring to
purchase II, is being taken advantage Of
and quite a number of applications have
been made recently to buy cannon and am
muntfon of various kinds No questions
are asked by officials, and the government
does not know what use is being made of
the material purchased.
WASHINGTON. May 12-Delano returns
on Saturday.
William Cullen Bryant goes as Minister
to France in case Washburn takes broad
hints and resigns.
The Court of Claims adjourns about the
first of june. ss3#
TIE subcommittee of the House Judi
ciary Committee consisting of Eldridge
Kerr, Lockridgeand Cook, depart May 22d,
for Montgomery, to take evidence in the
Busteed case.
The Treasury Department. is making
arrangements to carry into execution the
provisions of the act of 1862 relative to the
establishment of a sinking fund.- It is not
Boutwells intention to put the bonds pur-
chased weekly on the market, nor is it his
expectation that they will be reissued in
any form His objects is the reduction of
the principal and interest of the public
debt.
| Whittlesey has qualified as Chief of the
Treasury Detectives.
! The President and several heads of the
depal tmnets give conditional promises to
| attend the peace jubilee in Boston
| McClellan's visit to tho President to-day
had reference to the Stevens floating bat
terry of which Mcclellan is engineer in
charge, for the defence of New York harbor:
| The triple alliance dispatch telegtaphed
| at noon. was London special to the New
| York Tribune. Its PRONUNCIATION here
created intense excitement. but the conrs
of bonds in London to-day, and other facts;
lead to its general discredit.
| WASHINGTON, May l3.-The annual pro.
cession of the Sunday Schools, a custom
Is years old, was broken up by the de-
| termined participation of negro schools
Each shool will have it's own exclusive
May festival!
The Presidents has appointed Judge
| Edmonds, of Michigan, formerly Postmas
ter of the Senate, Postmaster of Washing;