New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-12-03
THE GRANT PARISH KU.KLUX
WRIT OF HABEAs CORPUS
TIE DECISION OF JUDGE DURELL

In the United States Circuit Court, Hon
E. II. Durel!, yesterday, the case of c. c
| Nash ct al, on application for a writ O.
habeas corpus, came up for decision.
The REALTORS were brought from the par
ish of Grant, on warrant issued by Mr.
Commissioner Weller, based upon the atii
davit of one w. u. Phillips, charging then
with certain acts OF violence and murder
The statements made in the affidavit are
for the present purpose to be taken as true
inasmuch as the application made for the
writ rests entirely upon the question o.
jurisdiction.
At the return of the writ the commits
siOner who committed the REALTORS was
called to the stand by their counsel and
testified to the facts proved before him, to
Wit: That certain men, numbering about
thirty, among others were the REALTORS, al
midnight, disguised and armed with rifles,
surrounded the dwellinghouse of one White,
situated in said parish of Grant, set fire to
the same, and shot White dead, as he was
attempting to escape from the flames.
The atiiant, Phillips, was then in White 3
house at the time it was fired. but escaped
by feigning death. That the relator. Shell
by, who is the sheriff of said parish of Grant,
had previously threatened to do violence to
the affiant, Phillips, who is the parish Judge
of said parish, saying that the parish Of
such persons rs himself and Phillips.
Now, the question to be solved ia this ::
Has THE court jurisdiction IF the matters
charged against the relatOrl
The court here read from anOpinion de-
ivered by the late Chief Justice Marshall
in the case of Fletcher VS.. Peek, reported in
Sixth Cranch, the following extract: "What-
ever respect might have been felt for the
State sOvereignties, it is not TO he disguised
<1,o< >f . ,rn
with some apprehension, the violent acts
which might grow ont of the feelings of the
moment; and that the people Of the United
States. in adopting that instrument, have
manifested determination to shield
themselves and their property from
the effects of these sudden and strong
passions to which men are exposed.
The restrictions on the legislative power
of the States are obviously founded in
the United States contains what may. be
deemed bill Of rights for the people of
each State
The court also read the. first section of
what is falniliarly called the Civil Rights
bill, and the fourteenth amendment to the
constitution of the United States and pro-
ceeded: "Subsequent to the adoption by
the Legislatures Of the States of this amend
ment. Congress enacted a statute TO carry
into effect its purposes. to-wit: the act Of
the thirteth of May, 1870. chapter ia of
the second session Of the Forty-tirst Con
gress, entitled, IAN act to enforce the
rights of the citizens of the United States,
to vote in the several States of the Union,
and tor other purposes" The court then
read the the sixth and seventh sections of
said act and concluded:
Therefore, looking to the fourteenth
and to the statutes cited. the
court holds that the people of the United
States have added to the clauses of the bill
of rights as contained il the constitution of
the United States prior to the adoption Of
the fourteenth amendment. and have by
said amendment. and legislation conse-
lnent thereupon given to the courts of the
United States jurisdiction of the matters
charged against the REALTORS.
The prayer of the REALTORS is refused.