The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1872-12-24

he was not merely fts,actus eftcio as president
Of the Senate, but was not o senator, anu
had no title or color of title to act % Lieu
or,to take any part III tue
organization Of the Senate.
The House OF Representatives was also Or
ganized, the postmaster of New orleans pc
inc the Speaker. The certificates OF Boyee
under the Injunction were taken as concsu-
siye of membership. These bodies passed
resolutions for the Impeachment OF the GOV
ernor. aud THUS Pinch back felt at liberty TO
assume the title Of Governor. Two uistrict
iudceships were abolished, and new cour!,
called the Superior Court, was established,
with extraordinary powers, and among
others. exclusive jurisdiction to determine
title TO Office; and Mr.. Hawkins, one
of the members Of the Boyee board,
who had made the election returns, was
made Judge. Steps having been taken
BY the Governor in his official capacity 10
secure a revision by the Supreme Court OF
the Uuited States Of the chancery ORDERS OF
the United States Circuit Court, these BODIES
forthwith adopted resolutions to DISMISS
those proceedings. The militia was placeo
under the command OF General James Long
street. another OF the Boyce board, ana the
arsenals were taken possession of by the al0
Of the United States army. 1t has been
supposed that no amount of professional
energy or skill was adequate To make
conp de main in q chancery cause
This statement shows that civil revolution
has been commenced, carried on, ana accom-
pl;shed within lunar month, under tie
orders of a chancery court, in suits over
which that court had no jurisdiction at all,
whether of parties or of subject matter. Inc
Circuit Court of the United States is d court
of limited jurisdiction, and without authority
10 entertain civil suits between citizens OF the
sane State unless the case arises dIectiy
under the Constitution and laws OF inc
limited States, and the Jurisdiction Is Vesleu
by act of Congress. ;.
Congress has no power to confer JurlSdlc-
ton in any other case between sucn cltlZens.
1t hus no authority to give jurisdiction ol
suit OF citizen Of the State against the State.
Under the act of Congress OF 1870, upon
sin.le condition Of facts, citizen of State
NAV nr,intain suit for an office OF state
within the courts Of the United States, Dut
the State Legislature is specially excepted
from the operation Of this act III the same
clause that excerpts the office Of members OF
Con"rcs. and Presidential electors. The &c
Darie preliminary order in the case OF An
toinc is Is cXriict Il d, termination OF the tito
OF the mem ers o! the Legislature, and f,tI-
nishcs 9,s complete i writ of possession, as
could be devised.
Tie organization of the Legislature IS by
chauccry order. Had there been resistance
70 the execution of these orders, and riot and
bloodshed had followed, upon whom would
have fallen the responsibility? BY whose
Corbcarauce was it that Il bloody catastrophe
has not been exhibited as Il scandal to the
land. 1t sometimes happens that the EXecu-
tive Department is tolerated, excused, or
justified in acts of administration which ca
cccd Their legal power. TIE arguments de-
rived from The terms Sta" necessity, pubic
welfare, Oh convcnieIca, have Eerea soothing
influence. bit Judiciary action Is not entitled
to any benefit from such arguments.
i he DAMAGE which ellslrS iroin the EN-
ulo,mcnt of judiciary power TO accomplish
other Than judicial acts Of administration
cannot he calculated, and it is impossible to
Justify court in determining that to be
LEGAL which is merely desirable, or that to be
r-nt which is only profitable. The order
in the Kellogg case was Cr parte. 1t was
placed in the bands of the marshal without
notice TO the parties. 1t proceeds for an
allc-cd contempt by no legal procedure
Usual il matters of.thc sort, and we arc mol
aware OF any ilnninencc of danger to the
public peace, even IL there had been suci
danger, which jtistiIies the seizure OF the
State capitol in 4 cilancery cause i'll Il suit
between kelIogs aud canVasslpS board--a
suit proftsseuly brought to parpetuate testl-
nony.
The case Of Antoine displays with more
GiS!iuctnesS than that Of Kellogg the use
that has been made OF Judicial orders to ac-
complsh results of which the Judiciary had
no cognizancc. Antoine was candidate for
Lieutenant Governor, and was entitled to
his office in January next had he been
elected. With disputed title, month i'll
advance he filed this bill, and obtained the
order we have cited, placing under interdct
the Governor, Secretary of State, the mem
bcrs-elect of both branches of the General
Assembly, all the Board and officers and
men of police, the members Of two canvass
ing boards, and upon this CO partc order the
organization of the General Assembly, at Il
time when he had no share in any OF its sit
tings, was regulated and directed.
Since the meeting in New Orleans under
which the committee was appointed we have
been met with the suggestion that these orde s
and acts are facts accomplished, and that their
revocation or rcsci>sion would not restore the
status quo, and that our complaints, therefore,
are unreasonable. II the opinion we have be
correct, such Il condition ought not to affect
o1rattion or conduct. When the King Of Great
Britain established arbitrarily government
in one of the colonies. the remaining colonies
took the alarm lest it might serve as Il prece-
dent, as we'll as an instrument, to establish
sIcb governments elsewhere; besides, Neil
are less patient under wrongful orders and
ais OF Il judi ::ary tribunal than even of yio-
Lace from other sources Of authority. a
government which rests for its organization
upon ai illegal judicial order, executed by Il
mals.rii with companies of soldiers, does not
command rs much respect or authority as If
the judicial appenGagcs lad been dispensed
with and the army had set up the govern
m2nt with strong aud uslrping hand.
The committee lake tie liberty 10 say that they
have h I'd no connection with uesc suits as parties or
attorneys. Neither do they claim any OF The oiDces
in di-putc. They have not heretofore been con-
ccrucd In The controversies among the political
classes which have ending the peace and
during the last four years there has not been good
government in Louis sauna There has been eAtraT;l-
Eance prodigaty d waste as \, h Inc pGo
mousy Increased, with but little corresponding
benefit. The credit of the State has been civ u
to specializing corporations ior personal aims. The
taxes on property have assumed such proportions
that they might be called rents paid by The proprle-
tor TO the State for its occupation and use. The
xes IN business Cypress The commercial and labor
ug classes The laws TO ct ntrol elections, corpora
ton, and public institutions, stimulate these ex-
cessgs of uilc-hoders. The consequence IL depres-
sion aud discomfort The State needs honest
faithful responsible government, conducted TO at
tain public objects and not to enrich Its members or
10 perpetuulc ilIeir power. here was an earnest
effort TO attain such government NJ the last cleo
ton.
We affirm, without fear OF contradiction. that the
foregoing statement exhibits on tie part OF the
United States court the most unparalleled and Law
less usurpation of jurisdiction and authority of
which the aunals OF jurisprudence afford any ex-