Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1872-12-13

HsinchbaciS Sustained by ihc National
Govcrnmcnt-Tho Case before the Su-
pPene COuri-1sC Emery HPuiIins ia Hsis
sIaim-VY urmosh Advised so "'Siick,'

G;ovcrnmeni-The Case before the Su-
pPeme COuri-Hsc Emery Putting in ssjs
CIaim-VVnrmosh Advised so ''Siick."
4 PROCLAMATION FROM PINCHBACK.
New ORLEANS, Dec. 12.-Acting Gov Pinch
back has PROMULGATED the following:
STATE OF LOUISIANA, EXECUTIVE DEPT,
New ORLEANS, Dee. y, 1872.
To the People Of Louisiana:
It is my duty to make known that the presi-
dent of the United States has formally and
officially recognized the state government of
Louisiana, to the head Of which have been
called under the constitution OF Louisiana.
The following dispatch has been received, and
is Published for the information Of all law
abiding ctizeus of the state:
WASHINGTON, Dee. u. The attorney-gencral
this morning forwarded the following by tele-
graph to Acting Governor Pinchback of LOuisi-
ana:
WASHINGTON, Dee. 18th.
Acting Governor PRcbb0cE, NeW Orleans!
Let it be understood that you are recognized
by the president as the lawful executive OF
Louisiana, and that the body assembled at Me-
Chauics institute is the lawful legislature of the
state; and it is suggested that you make a
proclamation to that effect; anl also that all
necessary aid will be given You and the lcgSla-
turc therein organized to protect the state
from disorder and violence.
(ogncd) GEORGE A. WILLIAMS,
Attorney General
The above is a response to several kilograms
received from Pinchback relative to the situa-
ton at New Orleans.
Now, therefore 1 p. B. S. Pnchback, lieuteu-
ant governor and actiGg governor of the state of
Louisiana do issue this as my proclamation,
counSehng and commanding all citizens to rec
ognlle, support. and give obedience to the gov
eminent Of the state 50 recognized. counsel
and command all persons who may be participate
| ing in any Illegal assembly claiming to be
| the legislature OF the state assembled elsewhere
| than al tie state house (the Mechanics Institute)
| to dSperSe. | request all citizens to aid in
| maintaining peace aud order and obedience to
the lawfully constituted authorities; and, fur
| thermoe in discharge of the executive duties
of the state, J warn all parties or combinations,
whatever pretence or authcFlty they may alege
for their acting, that they will be held to strict
account fer their conduct in the premises aud
| be punished to the utmost extent of the law for
violations of the good order of society or disre-
| gard Of the dignity and peace of the state, and |
| now command and will enforce obedience to all
| laws which may have been enacted or may be
| enacted by the general assembly Of the state
now in session at the state house.
Given under my hand and the seal OF the
| state Affixed at New Orleans, this 18th day of
| December 1872, aud OF the Independence of the
| United States the 91th.
By the GOVERNOR P, B. S. PGNchBACE,
Acting Governor of Louisiana.
| GEORGE T.. RovEE, Secretary of State
THE CASE BEFORE TUE SUPREME COURT.
WASHINGTON, D g., Dec. tS.--The Louisiana
| case was argued deliberately before the supreme
court to-day Hon. P. Phillips appearing fUi
| WarmOh, and arguing that the court pos
| sPssed power 10 issue a writ Of prohibition in
| the exercise of its general supervisory jurisdc-
| ton over the proceedings of inferior courts. He
| admitted that precedents in this9cOuntry were
| anatpst the position, but the question at issue
| had never been presented i'll clear, unmistdda-
| Bile form: he c0ntcnded that the court should
! interfere to arrest usurpati0us attempted in this
| case, aud maintained, from the common law
authorities ard decisions OF courts of the king
bench, the power OF this tribunal! and that this
| was a case calling for its exercise,
| Caleb Cushing followed on behalf of Kellogg
conteudiug that 1t is thoroughly settled in The
| uriSprudenCe of this court that il cannot eXer
else any supervisory power ip reference to oIhel
courts except such as is expressly gfarted by
| act of congress, and the act Of congress grants
The court power to issue writs of prohibition tC
courts of admiralty; and this court has decided
| on at least five distinct occasions, that the eX
| press power as to courts of admiralty implies
| exclusion of the power rs in all other courts
and Mr.. Phillips himself, in lis book on tht
| practice of this court has correctly stated Thu
law as it is; that this court has no such genera
supervisory jurisdiction as belongs to the cour
of tine kings bench and indeed, none whatever
| except whaG it has received from express acts o
congress,
Senator CARPENTER followed on the SAME side
conteDdinr that nv the judiciary act of 1899 fin
| appellate mower of the supreme court in rBgarC
10 suits in equity in the circuit court was con
| fined TO the power to review final sdecrees; thai
| this court had no authority to entertain an ap-
neal from an interlocufory order or decree of {
| court below, whether the court below was pro
ceedinr within or without its jurisdiction.
The attorney general of Louisiana closed the
case, arguing that the action Of the lower court
|
n gentleman of Cnsbino's national and iuterua
| tional experience countenancgi this deliberate
attack uDon the rights of A state. then indeed
| there was cause to fear that the foundations of
our American system had bcep DESTROYED, and tht
| dearest rights of fine peoDIe silently stolen from
them. The only hone for his state was the ag
| lion Of tins conrtI Il il cnnid AFFORD no remedy
then it was apparent that a defect of the most
| fatal cbarnctpr EXISTED in our nolitical system
| lie nredictcd tbatif Louisiana was stricken from
the idag as a free state by this action. her fate
| would be but fine bepinnino of the end: and
from this date would commence rapid dissolu.
| tiOn of the state Government.
Hon. 7. J. Durant appeared for acting Gov,
| Pinchback but the court declined TO hear
| further arpument on that side the counsel
| having already heen heard
| Hon Rcverdv Johnson who was in tbe court
remarked, after the argument was concluded
| that if il was an ORIGINAL question he should
! think Mr.. Phillips was riaht: Inf. as If mad
| been so many times decided The other way his
views wouId hardly prryai ''' 0''ie' way NE
| p1NcuuACK srANDs TO MS POST
| NEW ORLEANS. La. Dec. 19.-Tbe eighth dis.
trict court issued an order for the arrest of act
| inc Gov pinchhacl far contemnt pincbhack
refused TO recognize the AUTHORITY. and. being
protected BY marshals, no attempt waslmade 10
! use force in executing The order of the court.
Pinchbeck signed an act, which was passed
|