New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-05

THE RETURNING BOARD COSTRO-
VERSy,
Closing of the Case Ia the Argument of
William H. Hunt,

viOus day.
In the course Of the argument which ad
= dressed the court yesterday, said he, tool
| occasion to show to your honor that thi
was not question whether Kellogg O
Mcknery had been elected Governor, but
case where an Injunction is asked for Il
perpetuate evidence that the rights Of my
client may be preserved, and | showed Il
to the court that were the injunction
granted his title to the Office would be Sc
cured, and have no doubt but that he viii
read that title clear
Wherever there is a right, there is and
and must be remedy. Ii | made it clear
to your honors mind that the precise rem
edy applied f0r is that which the courts
nave already maintained, and the Supreme
Court pronounced upon, | need not to be
told (for trust have read the horn books
OF the prOtessi0nl that the court has linn
tied jurisdiction.
| The judgment you will render here will
be an lnterlOCutory One-One not subject to
appeal and supersedeas, but one which will
90 into immediate execution. 1t is auxili-
ary to the action, the counsel said subse-
Quently, which the tWenty-third section of
the law grants (article 440, Code of Prac-
tlce), and OF primary importance to the
prosecutor. Oath having been made, the
court orders the testimony to be preserved
IN order to prevent a spOliatiOn of it. This
was the law under the United States prac
tice in cases of equity. The decision to
| which / just referred distinctly recognizes
this right as manifestly equitable.
The counsel read from a decision to show
| that there has been, on the part of counsel,
| a misapprehension in regard to the courts
| Jurisdiction. The principle is that the bill
| hied IN equity Is not an original, but is
| anclIlary to the action out of which it has
| arisen. The counsel adopted this PROPOSE
| tion.
If Congress distinctly conveys the iuris-
diction, and if the national legislature has
said it, there it must remain unless contra
dicted by the constitution. Sir, this CON
stitution is not compact between the
States; it is not, and if there is anything
settled, this doctrine is, that the only sover-
eighty is the.people; and this is without limit
except by the laws. Among the rights of
the people is to amend the constitution,
and when, on the reading of the statutes of
Mississippi, Louisiana and Florida by the
counsel Mr.. Billings}, at which my blood
turned cold, it was developed that there
was an undoubted intention in 1865 to re-
epslave the race, then the pr0priety and
justice Of the late amendments became ev-
dent.
The power of the people to enable Con-
gress to give vitality to any one of the
amendments BY appropriate legislation is
undOubted; and they have gone further;
Congress. (See case of Barrow, Peters.}
Congress had the power, the people had the
power, and if the people gave their power
to Congress, they had right.
In the Slaughterhouse cases appealed to
the Supreme Court, Mr.. Justice Bradley re-
cognized under the fourteenth amendment
the jurisdiction of this court, because the |
amendment conferred on citizens the ca
pacity to enjoy their rights of life, etc.
What is appropriate legislation ?" That |
which in the Judgment of Congress is ap-
propriate.
For the purpose of securing protection to |
this people suddenly endowed and emp0w- |
cred with citizenship, it was determined to |
build up body OF laws not subject to dis |
fractions and homogeneous in all their at,
tributes.
IA history of the amendments was read |
by Mr.. Hunt.) Mr.. 1haddeus Stevens in
troduced the amendments, Mr., Sumner pre-
sented memorials from eight States subse-
quently to exact entranchisement, and the
equality of all men before the law in the /
following January, 1867. The first amend-l
ment simply reused the dormant power
the constitution. Mr. Stevens held "iat
the principles of the amendments we're
found somewhere or other in the F:cIaFa-
ton or in the organic law. TheJo]ec1 ol
this legislation, then, is here ,ieaIly ue- {
tined-this right of suffrage wien Il ChuS :
said DoH;eI Wehater ti;s a delegation of 5
nnIiticai nnyer +n aor,, individual The
TnalifcatIon which eTeltles man to vote !
must be prescribed 92y previous laws, SO )
that the vote ma tel the government
determined to protect this right against
force yG1 i1l and fra1sl that the vote mlght.ten
Sir, we az without a State. Usurpation
rol1owino d 4surpation in the march of tyranny
across lis. State; officers suspended, hung
by tfS neck as if they were dead, dead
leaG; judges removed because daring to !
ri an opinion, and driven out in disgrace
nd shame.
Some of these allegations of the bill be- +
anne the subject OF judicial action last week \
4 the Eighth District Court, where a deci-
ion unfavorable to the Governor and his c
ew board was pronounced. No sooner was c
his done than arevolution without parallel T
/ history was at once inaUgurated. The
ecused judge was at once and f0rcibly y
iected from his court room. With one !
weep of bis hand and pen all the other
ldges in New Orleans were removed and >,
theirs appointed in their places ito fill va Il
ances." | suppose sheritfs, clerks and
all appointed. An extra session
{ the Legislature, the members of which | o
re neither known to the law nor to the !
eople nor to themselves, is called by the :,
oyernor. u
Sir, anarchy is in the air. We scent the P
lint Of this partisan in every breath we p
raw.
Ii these lawless, reckless counsels should
revail, am startled for the fate of Ameri- 81
IN liberty. Thank God, here is this sane a
lary where our rights may be protected
Id liberty maintained.
Was it not wise in Congress, then, to pass
1propriate legislation so that no State
,uld take away or abridge the rights Of =
lis poor peoples .
3" Where" exclaimed the counsel, I" are d
10 evidences of conspiracy Sir, the tv
armed counsel must have forgotten, You 10
II me General Heron was appointed by -
act of usuIpation. Admitted. The re
rd shows that the commission of Heron "
as valid, it was res jIdicdta, and the effect m
this is to make white black and to estab, !.
h the truth. Now, upon the pretext that 40
erron was defaulter before he was ap- "
inted, why was he not prosecuted if de- lie
utter Instead Of which he was promoted. N
And, sir, the counsel said his master put -
N there, and as he said this there was ol
tiant curl to his lip as if poor Heron or
ire really a slave. Sir, there are no slaves
W and there are no masters, and the use 81
such terms by the counselor aWOke my
lignatiOn. pr
Is Mr. Jack Wharton willing, like Sambo, M
wear around his neck a collar on which to
} the words, fthis is the thrall of Cedric, n
Rotherford7" No, sir. =
Sir, the only power which stopped this op
lspiracy of the returning board was the
Ter of this court which met the old board
4 brought up the matter for adjudication. IN
Sir, the repeating clause Of the new law 10
1