Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1872-10-12
Governor Davis and the Supreme
Court.

Chief Justice Of the supreme Oour'
of this State, that tho tribunal over
which he presdes, has made n do
cision that tho "Enabling Act" is
unconstitutional and void" is well
calculated to excite astonishment'
Not at tho decision, because there
is not fair minded lawyer in tho
State, who has not known from the
first that the act was unconstitu-
tional, but that this tribunal, to
which wc have the right to look
for protection against the tyranic-
al exercise Of power by whomso.
ever attempted, should turn deaf
ear to the appeals of an insultcd,
outraged and plundcrod people,
and remain silent is well calculat.
ed to inspire profound distrust of
it's Justice and impartiality.
1t was n maxim Of tho Roman
law, that he who failed to prevent
murder, when prevention was in
his power, was himself guilty OF
murder. According to this prin-
ciplo, is not the Supreme Court
of this State particepS criminis in
Gov. Davis outrages against tho
people of Limestone county? AS
unscrupulous and high-handed as
have been his violations of the Con-
stitution, no one can doubt that
Supreme Court by n timely decis.
ion could have stayed the hand
Of tho tyrant and preserved the
people from his unlawful violence.
In view of the fact that Gov. Da-
Wis no. only declared martial law,
but by means of his negro MALTA
ard State police, plundercd the
people by an illegal fine, and com.
mitied acts that in any monarchy
of Europe would have brought tho
kings head TO the block, it is
mockery for Judge Evans now 10
proclaim that "Govornor Davis
dare not proclaim martial law" He
did dare to do it, and if he and
those who abetted him in the act,
have thus far escaped lasso and q
horizontal limb, they owe it less to
the suilicicncy of the provocation,
than to the virtuons forbearance OF
the people who have ovinced n pa
tience under great wrong, that
amounts almost to heroism.
Cruelty and cowardly subserv,
ency are incapable Of comprehend
ing the forbcarancc Of n brave peo-
pie in misfortune. Their patience
is put down to pusilanimity and
want of spirit. 1t is too much,
therefore, to expect that either
Governor Davis or tho Supreme
Court will appreciate tho forbear-
ance of the people Of Tcxas. They
should understand that wc are
neither fools nor towards, and be
able to read the signs of the COM
ing popular storm, which will
undoubtedly sweep the whole Rad
ical crew out of political existence
and consign them to the lin
bo of everlasting scorn and con-
tempt.
But how shall this bo accom-
plished! By lawful and conslitu-
tional means, of course. The next
Legislature will be composed of
a largo majority ofable, of vlrtuons
members. and the impeachment of
Gov. Davis will doubtless bo their
first, as it is their most important
duty. There must bc no timid
counsclors among tho representa-
tives of the people. The people
demand that for high crimes and
misdem canors Gov. Davis be i'm
peachcd according to tho forms OF
tho constitution, and the Senate
will not daro refuse tho constitu-
tional remedy. Davis and his par
tisans need not flatter themselves
that the impeachment cannot sue
ceed for the want nf the constltu.
tional majority of two.thirds. Tho
Democrats will elect at least ten
out of the twelve Senators TO be
elected in November, and with the
eight Democratic Senator'S who
hold over, and two who were cleo
ted rs Republicans, but are now
with the people on this subject,
the impeachment and removal of
Davisis is assured Austin States