New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-04-06
CONFLICT OF AUTHORITY.


AS great as has been the conflict of
opinion and the conflict Of arms in this
country, they have been exceeded by the
conflict of civil Authority. Starting out
with the Democratic idea that the States
are sovereign and independent Of the Cen
er.l Government, disintegration has gore
etii further AID proclaimed each indl-
5,iaa' sovereign, ard aciDG upon this ny
polaeaa. he coa.lict Of GQthority has be-
come most troublesome and dangerous to
the rights of people living under Re
publican form of government. This Is
not liberty-it is RIGHTEOUSNESS, and when
q people submit to such a condition, it is
pretty good evidence they are not capable of
self-government. It is true, the people here
haze not submitted quietly to such state
OF tLings; that they have taken up arms
and successfully fought for the supremacy
OF the national government over the daa-
gerous State rights fallacy that would
make the State governments superior to
tie general government. But there is still
tendency in many, and especially in
some who are clothed with little brief
authority, to disrespectsuperior authority,
tn question all authority that conflicts with
their interest or. opinion of right, when.
uethaps, that opinion would not be re-
caiyed 10 any other quarter as good au-
| thority. This IS evidently period OF
litigiousness when mon expect to gain IN
the int,icacies OF law and politics what
has been denied them by the people and
government, The con5ict Of authority
has not been confined to q few, ambitious to
possess the sovereign power OF the nation,
but exists with many Who, having
been clothed with authority of an
official character, are not Satisfied
10 fill subordinate positions in a
manner useful to the public and credit
able 10 themselves. In matters also Of
elections, where the people have chosen
public officers, it has become a custom
to question them, and fill the courts with
litigant suits to determine who shall have
the offices, Virtually transferring the
power to fill Offices TO the courts. And
Judges of inferior courts, infused with a
partisan spirit, split of selfshness, or
acting from too exalted opinion of their
own powers. not unfrequently assume to
determine questions beyond their con-
troll and pass upon acts of co-ordi-
nate branches Of government with as much
freedom as if it were in fact part of their
sworn and solemn duty. Any citizen may
question the constitutionaIity Of a law,
aud in a respectful way take legal steps in
an inferior court to have the matter prop
erly tested and finally decided IN the Su-
preme Court, the only tribunal that can
lawfully determine, in the last resort,
whether law is constitutional or not.
Lawyers and Judges opinions Of law,
after ali. are rated according to their value.
Some lawyers opinions of law command a
much higher price among those who have
important business in courts than others.
In fact, some lawyers are hardly ever
asked for an opinion, while others have
their hands full in that Inc. 1t is their
knowledge of law, good Judgment and il
tegrity that secures them business that
pays them handsomely, 1t is with law
yers as with everything else that
seeks a market If they are good
they command good prices. But u3for,
tnnately it is different with our judges
They may be elected TO the bench without
protesting the qualities Of frst-class law
yers; and when once there, often display
want of those high qualities that are SC
essential for those who would successfully
wear the Judicial ermine. Above al
Others, our judges should be free from par
tisan faint; free from disposition to throw
disrespect upon the laws, and free from al
| manner of bad example. They should be
models of goodness. wisdom and Justice
and as such, able to command the con
| fidencs and respect of oil.