American citizen. [volume] (Canton, Miss.) 1864-1890, 1872-12-14

The United States troops are still
in possession of the Statehouse.
The following extract from an ed
itOrlal in the Republican says: ''Ihe
jud gment of Judge Dutell in Cham
Gerry in the case Of Kellogg vs. War
moth and others, which we gave in
our extra edition yesterday, and
which will be found iii this morn
ing'S Republican,, was 80 appropri-
ate to law and the facts of the case
that it really took no one by sur
prise, but consequences that will
| naturally and inevitably flow from
it are of the greatest magnitude, not
only to the people of this State, but
to the whole American public. 1t
il the principles involved, and rules
enforced that lend Importance and
magnitude to this authoritative SET
Element OF disputed points. By the
decision we are again reminded
that we are yet a nation and blessed
with republican form of govern
ment, under which the meek and
lOwly have the right to vote and
have their ballots honestly counted;
that strategy, cunning, fraud, eva
siOns, turnings, cOupS detat, legal
flank movements and chicanery of
all kinds avail nothing to those who
employ them in the long run, and
are but poor dependence to those
who emylOy them to defeat the
voice of the people. That the ne
gro, however he may be despised
by his white enemies, ia, so far as
his vote goes, q full aud perfect
man, equal before the law, in digni-
ty aud importance to the most puff
ed up and inflated aristocrat. This
decision affords US a clear definition
Of what the late war meant. The
fruits Of this judgment will appear
hereafter. In the first place we ex-
pect to have = Republican majority
in both branches of the general As
sembly, with Republican Govern
or, and full State ticket. The ev-
idence is abundant to prove that
the Republican majority in the
State, at the last election, actually
exceeded 10000, which will be made
to appear on a fair canvass of the
votes. This IL simply our belief.
If, however, we are mistaken and
the legal returning board shall find
that the Democratic State ticket is
elected, with majority in the Leg
islature, we shall then insist, with
whatever force we may possess.
that they have their places, for we
maintain that the majority Of the
people have the absolute right to
choose their rulers, and the judg-
ment of the Circuit Court will be
enforced. 1t is backed up by an
imposing force of forty. millions OF
people who yet remember. futile
attempt to defy the National au-
thOrlty-a people rendered jealous
of their power by frequent efforts to
dispute it, but it will not require
any great exercise of force. The
mass of this people approve the
Judgment, and few or none are so
desperate as to dare to oppose it,"
The Times editOrially says: cit
did not even require recurrence to
the circumstances under which Du-
rell prepared the decision rendered
by him yesterday to satisfy all hon.
est and intelligent minds of the
gross absurdity and partisan VIC
lence Of that judgment. 1t will be
seen that the whole opinion ia a
mere string OF dicta, without a par
ticie OF authority. Therefore, in
law or reason, the unanswerable
reputation of the propositions as
sumed by him was UNDECIDED. Thus,
the decision OF our State Court on
the Interpretation and effect of
State statute was treated with utter
contempt. The Eighth District
Court had already decided that the
act of the 2O.h November, 1872, was
in full effect, and that it repealed
all previous election laws, and abol-
ished the returning board. This
decision Judge Durell, a mere Dis
trict Judge of the United States,
sets aside, vetOing an act of the
Legislature of Louisiana, and con.
tinuing in their Offices the men,
bers of an abolished board, under
an absurd application of the article
in our State Constitution cOntinu-
ing all incumbents in Office until
tACA CuCCCoSOic ale IudIIACu.
Commenting on other points of
the decision, the Times concludes:
''Of the other propositions made by
Judge Durell it needs only be said
that they are all the emanatIons of
a premeditated and deep-seated
partisan acrimOny against the Con-
sentative white people of this State,
whom this Judge has always seemed
to look upon as his enemies. He
has, certainly. by his gross outrage
upon this State, it's laws and the
rights of its people, established a
strong claim to the preparation
of this feeling toward him. 1t re.
mains to be proved how much of
honor or benefit will result to him
from this high-handed assault upon
the rights of our people-this gross
indignity and treacherOus wrong to
the State, of which he has so long
claimed to be- a citizen.
The Picayune denounces the
course of Judge Durell in ordering
the U. s. Marshal to seize and DC
cupy the StatehOuse of Louisiana
with United States troops, as an
outrage; also, his undertaking to
regulate the returning board Of
State elections.
NEW ORLEANS, Dec. 1.-THE
Custom House returning board this
.lnot,.,,, IN