Orangeburg times. [volume] (Orangeburg, S.C.) 1872-1875, 1873-01-16
LIN ADEANGE.
without authority to entertain civil suilsge:
between citizens of the States, Hnigss sttcS

Between citizens of the States, 'nniess tho y
case arises directly under tho conssitUG.. IT,.
tuition and laws. of the United Stalls,
and the Jurisdiction is vested by net, TOT 81
Congress. Congress- has no power, 10,
confer jurisdiction, in any other case he.s.
tween such citizens. Il It has no authori-s !
ty of the State against the State; inter
the act Of Congress of 1870 upon q sii,iis
las condition Of fhacts.0 "A citizen Of:
State may mainiain a suit for Fan ooomtE
ora Saataswishiasils cbtfft.uff { the tJaibedsse
States; but the State Legislature sieat
specially excepted from the Jpefatioasoa
this iaet, i'm the iame. clause that atuitteSI
eepts the Office of members OF Cengrsss!i
and Prcsidentialpefectors!a1;Th The exf pafte !,
preliminary 5csder in the elise yofisAh..
tome is rs explicit determinations Of o,
The titleiof thomembes Of the sLegisIas
ture, and furnishes as complete writ
| Of POSSESSION hs could be'ia 'iaeeised.1 CAS-
the organization of the Legislature is by j.
chaneery order had there been resisaS
arce TO the execution OF these .ordefa5, .
and riots aid tbloodshJarhaG fonSwed.
upon whom would have fallen tho elfes!io'
possibility Whose forbearanco'w vas II
that bloody catastrophe has not been .
exhibited as scandal to the elanG.1qI II
sometimes happens that the executive y
department is tolerated, executed rjdstiJ
flied in acts of administration which exup
9 Sedgtheir lcgal'power. ! The 'atgumeiits
derived from be terms tStare'necessity y,,,'oi
Hpubfic welfare or "con9cniences,. have
hero soothing influence; but judfciafyoj
action is not entitled i't6itany Tbenefit
from such arguments. etl4is damage
trhich cnsues sifem zsiIe employment 81
judiciary power to accomplish other them
Judicial acts Of administration, scannotbe
calculated. and it is impossible TO jusrifslo,
9 court on determining that. to Cbalegati 4
which is rely4desirnble, or that, to1be
fright which is only proftahlesI -4F,oIa
T.; The order in the Kellogg caseiw
eS TaFts7rit,was4 placed in the banslaoof
the Marshal without notice to the par,,o
fest Proceeds for am alleged contempt:
b9 no legal procedure usual in matters !,
Of the1sart. and we1are not aware efany1
imminencelof danger toahcjpublic pesceuo
even if there had been such danger whieh1l
justifes the issue or the State Capital osres
Chancery case on suit Gbetweeh
Kellogg, and q canvassing board, aisiiits, d
professedlya brought to perpetpate testi,.,.
mony. :,
The case Of Antoine Displays with moro
distinctncss than that of Kellogg; the
use that lins been made of judicial 6r::
ders to accomplish results of which tho, q
judiciary had no cognizance. Antoind .,
was a candidate for Lieutenant Cover,
nor, and entitled to his Office in January .
next had he been elected With a. dis
puted title month in advance, he fled ''
this bill, and obtained the order we' have
cited, placing under interdict the Cover
nor, secretary, Of State, the members i,
elect of both branches of tho general
assembly, ali the board and members Of
the police, the names of two canvassing
boards, and upon this ex parte order the
Organization fthe general assembly, at
a time when he had no share In anyiofso,
its sittings, was regulated and directed, Il II
Since tie mu,ily inl New Orleans !,
under which the commissioner, was
q ,r ointed, VIC have been met with tho
suggestion that these orders and acts are 2
facts accomplished, and that their rese q
cation or recision would not restore the
statue quo;r and TINT cur complaints
therefore arc reasonable. Ifthe ,opin7- a
ion We have, be correct, such condition
ought not to affect our action or conduct, ,'i
When the king Of Great Britain estab- .
lihsd, arbitrarily d Government in ono p
of the celo,ies, the remaining colonies
took the alarm, lest it might serve ns n !,
Instrument TO to establish such government !.
els1 where, Besides, men are less patient