New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-03-20

Der deduction to be drawn from the prem
ises? Is it fair that the citizen who abb
stains from doing any of his duties shall
participate in and infict charges upon the
machinery that the law abiding public
maintain for their protection? Shall the
Picayne for instance, refuse to pay its
taxes while drawing pay from
the treasury for printing? Shall
" Barister" practice before the courts
and be authorized to mulct the
city and State in superhuous costs and
charges while denying and refusing to as
sist il maintaining the same? At ven
ture. We say that no business establish
ment in the city will answer these ques-
tons as "Briehess alias "Barister has
answered them. The law is uneonstitu-
tional, because it violates that article Of
the constitution of the United States
which protects a mans life. liberty and
property from all disturbance except by
"d1e process of law" This is Barister's
idea, and it has been that of thousands,
as was lagos pocket-book. What
ever does not agree with some
narrow intellect is at once suggested as in
opposition to the constitution. by men
who probably never read that intellectual
document, and certainly never understood
it. The expression process Of law is
one that relates to the proceedings sug-
gested by the law itself, and, therefore,
when the tax collector proceeds according
70 the requirements of the statutes in the
performance of given duty he complies
with and satisfies the process of law. ,
"Barister." who never learned how to
spell correctly, failed to instruct himself
when he was reading law that the pro
cess" can be and is as varied as the laws
themselves, and this accounts for his be-
lief that all judicial proceedings must be
preceded by petition, citation. answe r
rejoinder. etc.
The penalty described in the law is like
all other penalties. made for the punish
ment of an ofense, and could have been
enlarged or diminished at the will Of the
Legislature. as any barrister ought to
know. 1t is the penalty the citizen suffers
for neglecting to do his duty. and depends
upon his own action whether it is to be
enforced or not. He can escape by re-
fusing to become an offender. or he may
suffer by cheating the community in the
discharge of his duty. 1t is not enforce
able until the process of law" has been
executed which establishes that he is a
delinquent, and it can be avoided
after conviction by an atonement in
the shape of satisfaction made to
| the tax collector. It is not novel and can
| certainly not be in conflict with the fed
| eral constitution, since it has been the
system accepted by the United States in
| its collection of internal revenue. In fact
| the law is thing that is correct, which is
the express reason why "Barister' does
not unders tand it. If it could be driven
through by dray horse, the great consti-
| tutional lawyers who have been Pickering
| as luminaries in the same sky with the
writer in the Pic0yune, would have accept
| ed it as conformable to their notions OF
| the organic law.
The spirit of 'Barister's' article is as
reprehensible as its law and logic are
weak. The idea that pervades it is this,
that one citizen can enjoy all the advan-
tages of society without contributing to
the general expense of providing for the
same. This is just what "Barister" pro-
poses, that he will contest before the
courts be refuses to support the duties
which he owes to his partners in society.
He proposes to employ the common means,
which he declines to contribute to, in
defending himself against the bond which
he entered into when he became men,
Der of the common community. We sub
nit that this is not the position which a
man should occupy who pretends to be
resisting injustice.