, 1872-12-25

votes on account OF color Of the voters, tn.
United States Court may hear and determine tht
fact in a suit to recover the Office But this lar
expressly prohibits any jurisdiction or any in
quiry by Federal Court in any case where the
Office claimed is Presidential Elector, membe,
OF Congress, or member Of the State Legislar
ture Judge Durell, however, took Jurisdiction
and, by an order in chancery, upon IN ez-partf
statement, declared who was elected to the Leg
islature, ,-prombiting any other persons, claim
ing to be members, from meeting
directed the Marshal to use troops
to seize the State House to seat one Legislature
and exclude the other, and to enforce the orders
OF the Legislature thus constituted by him. One
branch Of the Legislature then presented articles
Of impeachment against the Governor, and, pend
ing the trial, it declared the Governor suspend
ed. It also declared Pinchback Lieutenant Gov
ernor,- An Office to which he had never been
elected, and to which the Legislature had no
authority to appoint any person. Having made
! him Lieutenant Governor, it then declared him
~ @"1HH*
posed the Executive, and placed in the Office Of
Governor man OF their own, they then proceed
ed to reform their own body. They expelled
several members who objected to the revolution
ary proceedings they declared the seats Of alb
sentees vacant, and admitted to membership
other persons to the places thus vacated who
never claimed to have been elected Thus Judge
Dureu, by his usurpation Of the power to decree
by chancery order who should constitute
the State Legislature has created body that
has in turn usurped all tho other branches Of
the Government. In all cases wheze the Judges
Of the State Courts were considered as unfriendly
to this uHurpation, they have abolished the
courts. and have established new ones o1icered
by their own friends.
Nor has Judge Durel1s chancery order stopped
here. It reaches to the new State officers whose
terms begin on the first Of January next. He
has prohibited the Goyernor-elect from attempt-
ing to enter upon the duties of his Office; has
instructed the United States Marshal to use force
to place in Office the men who we're notorious1y
rejected by the people. In fact he has, by the
mere Endorsement upon petition in chancory,
destroyed the existing State Government,
has erected Legislature Of his own, and has
decreed anew Government to succeed the present
one after the first Of January.
Now comes the last act of this Judicial func-
tionary, which, if correctly stated, equals any
thing in the ugurpation line yet enacted. The
New Orleans Times has with great fearlessness
discussed all these matters, and denounced
Judge Durel1 in fitting terms. A demand of
come kind for 81, 500 was made against the pro-
prietors Of that paper, which they refused to
pay, whereupon the claiming creditor charged |
the concern with bankruptcy, and applied to
Judge Durell for the usual orders in such cases.
The proprietors Of the paper, denying the allega-
ton Of bankruptcy, rendered security for the
amount claimed, but Judge Durel1, rejecting all |
defences, and declining any inquiry
into the important fact whether
the concern WAS bankrupt or not,
appointed an assignee to take possession of the
property and to stop the publication thereof! To
stop the publication Of newspaper is to destroy
the value OF the property. # this is state
ment OF the case (and it is the only one that has
yet reached us), then this latest act of Durell is
something exceeding in infamy all his preceding
acts. The disguise Of an order in bankruptcy
is entirely too thin to hide the real purpose. In
The darkest hour OF the civil war, A1r. Lincoln
would not permit the suppression Of newspapers,
eren when ordered by department commanders,
ind we question whether there Is On record
another instance since the days OF the sedition
aws Of the elder Adams, when Court has un-
1ertaken to stop the publication OF newspaper
sxcept for fudecency or violation Of public NOR
lis, in pursuance OF law.
Is there no relief and no remedy for such pro-
:eedings7 Are personal rights, and public
lights, and the rights OF property all at the
mercy Of an Irresponsible and tyrannical Court,
nd subject to the decree OF single judge
Without hearing without trial, and upon the
1-parte statement Of any person who may COM
line with him This is matter which addresses
tsef to no particular party. II it be allowable
n Louisiana, it may be repeated in any other
tate. It may be repeated in Pennsylvania, or
1linois, or Wisconsin, or anywhere else, when
udge OF the United States Court can be found
tho will initiate Durell, and, like him, take
Jurisdiction and exercise IN authority regardless
I law. Are the partisans Of the Administra-
ion in Congress 80 paralyzed and Bubjugated |
hat they dare not speak when acts are being
ommitted that threaten their own liberties?