New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-24
TERMS; SIS 90 PER ANNUM.
WHOLE NUMBER 1852.

|
erty to assume the title of Governor. Two
district judgships were abolished, and q
| new court called the Superior Court was
| established, with extraordinary DOW
| ers, and among others, exclusive
| jurisdiction to determine title to
office, and Mr.. Hawkins, one of the
| members of the Bovee board, who had
made the election returns, was made Judge.
Steps having been taken by the Governor
N MS official capacity to secure a revision.
| Oy the supreme Court of the United States,
OF the chancery orders of the Unites States
circuit Court, these leaders forthwith
adopted a resolution to dismiss these pro-
ceedlngs; lhe militia was placed under the
command OF General James Longstreet,
another of the Bovee board, and the arsen-
ais were taken possession of by the aid ofthe
United States army 1t has been supposed
that no amount Of professional energy or
skill was adequate to Co1tp de RtaiR in @
chancery cause
This statement shows that civil revolu-
ton has been commenced carried on and
accomplished within lunar month under
the orders Of rhancery court, in suits over
winch the court had no jurisdiction at all,
whether OF parties or subject matter,
The Circuit Court ofthe United States is
conTt of limited jurisdiction and without
authority to entertain civil suits between
citizens of the same State, unless the case
NN-=SSS
laws Of the United States and the iurisdie-
ton is vested by act of Congress.
Congress has no power to confer iurisdice
tl01 IL any other case between such cite
zens. 1t has no authority to give jurisdic-
ton of suit of citizen of the State
against the State under the act of Congress
of 1870, Upon a single condition of facts a
citizen of the State may maintain a suit for
an office of State within III its court of the
United States, but the State Legislature is
specially excepted from The operation of
this act in the same clause that eXcepts,the
Office of members of Congress and Presi-
DENTAL Electors. The ex parte preliminary
order in the case of Antoine is as explicit
a determination of the title of the members
of the Legislature and furnishes as COM
plete writ of possession as could be dec
sired.
THE ORG ANIzATIOE OF THE LEGISLATURE IS
BY CHANCERY ORDER.
Had there been resistance to the execu-
ton OF these orders, and riot and bloodshed
had followed, upon whom would have fallen
the responsibility? By whose fOrbearance
was it that q bloody catastrophe has not
been exhibited as a scandal to the land2 1t
sometimes happens that the executive dee
partment is tolerated, excused or iusti-
fed in acts of administration which
exceed their legal power. The ar
guments derived from the terms state
necessity, public welfare or convenience
have here a soothing influence, but judi
ciary action is not entitled to any benefit
from such arguments. The damage which
ensues from the employment of judiciary
power to accomplish other than judicial
acts Of administration can not be calculated,
and it is impossible to justify a court in de-
termining that to be legal which is merely
desirable, or that to be right which is only
profitable. The order in tho Kellogg case was
ca pnrte. 1t was placed i'll the hands of the
marshal without notice to the parties. 1t
proceeds for an alleged contempt by no
legal proceeding usual in matters of the
sort, and we are not aware of any immi-
nenCe of danger to the public peace, even
if there had been such danger which justi-
fes the issue of an order to take
possession Of the State Capitol on
chancery cause Oh a suit between Kel-
lOgg and a canvassing board, suit profess
ediy brought to perpetuate the testimony
The case OF Antoine displays with more
distinctness than that Of Kellogg the use
that has been made OF judicial orders to
accomplish results Of which the judiciary
had no COgnizance. Antoine was candi-
date for LieutenaRt Governor, and entitled
to his Office in January next had he been
elected. With disputed title a month III
order we have cited, placing under inter
dict the Governor, Secretary of State, the
members elect of both branches of thee
General Assembly, all the board and officers
and mon Of the police, the members
Of two canvassing boards, ard upon this ex
larte order the organization OF the General
Assembly, at time when he had no share
n any Of its sittings was regulated and di-
'ected.
Since the meeting in New Orleans, undee
which the commissioner was appointed, We
nave been met with tho suggestion that
hese orders and acts are facts accom-"
}lished, and that this revolution or rescind-
;ion would not restore the statu quo, and
hat our complaints therefore, are unrea-
nable. If the opinion we have be correct.
juch condition ought not to affect
,ur action OF conduct. When the
ding of Great Britain established
a government in one of
he colonies the remaining colonies took
he alarm lest it might serve as precedent
lB well as an instrument to establish such
government elsewhere. Besides men are
5ss patient under wrongful orders and acts
If Judiciary tribunal than ever of violence
rom other sources of authority.
A government which rests for it's OrganI-
,ation upon an illegal judicial order, exec
.uted by marshal with companies Of sol
liers, does not command a3 much respects
IT authority as if the judicial appcndages
lad been dispensed with and the army had
ct up tho government with a strong and
lsurping hand.
The committee take the liberty to say
hat they have had no connection With
heso suits, as parties or as attorneys; ei-
her do they claim any of the Offices in disc
Jute They have not heretofore been cone
,erned in the controversies among the pso
itical classes which have endangered the
,eace and brought scandal upon the Stateo
They affirm that during the last four years,
here has not been good government iLa
louisiana, There has been extravaganza
dishonesty and waste in the
,ubHC expenditures. The public debt has
,Cen marvelously increased, with but little
corresponding benefit.
The credit of the State had been given
0 speCulating corporations for personal
inns. The taxes on property have as
umed such proportions that they might be-
allied rents paid by the proprietOrs to the
tate for its occupation and use. The taxes
pom business oppresses the commercial and
lboring classes. The laws to control cleo,
ions, corporations and public institutions
timulate these eXCe8ses of Office holders,
nd the consequence is depression and dis
ODtent.
The State needs an honest, faithful, REQ
p0nslbie government, conducted to attain
ublic objects, and not to enrich its mems
ers or to perpetuate their power. There
yas an earnest effort to obtain such q COVE
rnment at the last election.
We affirm without fear of contradiction
hat the foregoing statement elohibits on tie
art of the United States court the
lost unparalleled and baseleBs usurgation
f jurisdiction and authority of which the
nnals of Jurisprudence afford any example.
he action of the returning board, reeoe-
nI J,y,;4 | l. Agg