The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1872-12-25
Address q sse Le.lesana Oittssns' Com.
mistes, SSSSS, SS,s{ 4 :

Il sometimes happens, that The Execu-
tive Department is tolerated, excuaed or
|jush6ea in alta Of administfation which
exceed their lsssei power. The argu.
ments- derived Iom the terms, State me-
oessity, public welfare or convenience,
have here soothing influence, but ju-
diciary action ,is not entitled TO any be-
nef1t from such arguments. The dnnage
Yhich ensues from their employment Of
judiciary power to accomplish other than
judicial auta Of administration cannot be
calculated; and it is Impossible to Justify
court IN determining that 10 be LEGAL
which is merely desirable. Or that to be
right which is only profitable.
The order in the Kellogg case was &c
parfe. It was placed in the hands of the
marshal, without notice to the parties.
It proceeds for an alleged contempt, by
no legal procedure usual in matters OF
the sort, and We are not aware OF any
imminent danger to The public peace.
Even if there had been such danger,
which might justify the seizure of the
State Capitol, on chancery cause, in u
board-a suit professedly to perpetuate
testimony-the case of Antoine displays
with more distinctness thnn that of Kel-
logg the use that has been made of indi-
cial orders to accomplish results OF whioh
the Judiciary had no oognizance. An.
tome Was candidate for Lieutenant-
Governor. and entitled to his Office in
january next, had he been elected.
With disputed title, month in ad-
vance he filed this bill, aud obtained the
order we have cited, placing under in
terdict tho Governor, Secretary of State,
The members elect of both branches Of
the General Assembly, all the board and
officers and men of the police, and the
members OF the two canvassipg boards;
and upon this &c parie order, the orga.
nization Of the General Assembly, at q
time when he had no share in it's sittings
was regulated aud directed. Since the
meeting in New Orleans, under which
the committee was appointed, We have
been met with the suggestion that these
orders and acts arc facts accomplished
and that their reversion or revision would
not restore the status quo, and that our
complaints, therefore, are unreasonable
If the opinion we have be correct, such
condition ought not to affect our action
or conduct. When the King of Great
Britain established arbitrarily govern
mont in ono of the colonies, the remain
ing colonies took the alarm, lest it might
seem precedent, as we'll as- an instru.
ment to establish such governments else
where; besides, men are less s-pntieut un-
der wrongful orders and aots Of. q Judi
olary trim nal than even Of vioisnce from
other sources of authority. "f'
A government which bases it's organi-
zation upon an illegal judicial order,
exEcQtnH BY marshal with companies of
soHissss, Noes not command as much re-
spebtadf authority as if the jddiciols mp
pehdHges had beeh dispensed With, and
the army had set up the government
with strong and usurping hand. The
committee take the liberty to say. that
they have had no connection with these
they claim any Of the Offices in dispute;
they have not heretofore been concerned
in the controversies among the political
clas es which have endangered the peace
and brought scandal upon the State
They affirm, alao, that during the last
four years. there has not been good 90.
vernment in Louisiana; there has been
extravagancics, dishonesty and waste in
all the expenditures. Tho public debt
| has been enormously increased, with but
little corresponding benefit; the credit Of
the State has been given to speculation
and corporations for personal aims; the
taxes on property have assumed such
proportions that they might be called
rents paid by the proprietors to the State
for its occupation and use; the taxes
upon business oppress the comm merciai
and laboring classes. The laws to con-
| troll elections, corporations and public
institutions stimulate these excesses of
office-holders. The consequence is e1-
preston OF. discomfort; the Stnte needs
on honest. faithful. responsible govern
ment, conducted to attain public objects,
and not to enrich its memb bers or to give
thom more power. There was an earnest
effort to obtain it at the last election.
we affirm, without fear of contradiction,
that the foregoing statement exhibits, on
the part Of the United States Court, the
most unparalleled and bnseless usurpa.
ton of Jurisdiction, and of which the
annals of Jurisprudence furnish my ex-
ample. The action of tho returning
board, recognized and vested with all it's
powers by this court, has been equally
unprecedented. Without any official re.
turns before them, without any of the
official data, on which alone their action
could have boon rightfully based, they
h. - II.