New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-01-24
THE LuDaMENT OF THE Law.

The highest legal authority in the State
has decided the question as to which was
the proper board to report upon the result
of the last election. This is the arbltra-
tor the people have selected to settle their
controversies, and now it is the duty OF
the law-abiding citizens to submit their
differences of opinion, since the power 70
which they appealed has rendered decl-
sion. 1t was impossible for the court 10
come to any other Judgment than the one
which it has delivered, for the proceedings
connected with the attempt to make hlr'
Jack Wharton member OF the Doaro,
while admitting the authority OF General
! Heron TO act, were Of such an inconslS-
tent character as to strike the most orou-
| nary mind with doubt as 10 the sincerity
of the effort.
The effect of the judgment Of the 81
| prcme Court is to quiet and confirm the
action of Judge Durell, for the only vul-
nerabIe point III the proceedings before
| tbe United States District Court was as to
the right Of the federal judiciary to decide
as to the legitimacy Of any particular
agency of the State Of Louisiana. 1t is
true Judge Durell was fortified in his de-
cision in favor of the Hawkins, LOngstreet
and Heron board by the Judgment OF the
Eighth District Court, but this was not
|hoE 11pnipd
and in Congress it was contended by the
Democrats that he strained his authority
in acting in a local political contest, with
out having the assent Of the local authorl-
ties to his conclusions Of law and fact.
This objection is now disposed of, for the
Judgment of the Eighth District Court
and the rulings of Judge Durell as to the
proper returning board have been affirmed
by the judicial authority that all the peo-
pie have consented to accept as conclu-
sive.
IN the next place, the decision ratifies
every act that the legal returning board
has performed, and subjects those who
have been aggrieved to the necessity of
contesting for any right which they may
suppose themselves to have lost before the
proper tribunals. 1t emphatically estab-
fishes the government represented by Nh
Kellogg, and RENTS Colonel McEnery, if
he has any grievance in the matter, to a
regular contest. 1t establishes the Legis-
lature in session at Mechanics Institute,
and directs those who have rights that the
returning board disregarded or overlooked
to enter their appeal before that body for
justice. Every officer holding commits
sion by virtue of the action of the Haw-
kins, Longstreet and Heron board, is con-
tirmed in his place and made secure as by
judicial decree This is an immense adj
vantage to the public, since it at once en-
ables the citizen to determine who is the
real and who is the pretended officer
The gentlemen who pretend to set up a
government at Odd Fellows Hall are by
this Judgment deprived Of any SEM
blance or color of authority. since the
source from which they assume to derive
their appointments is pronounced to have
been utterly incapable of uttering COM
mission. The paper credentials that Mr..
Moncure presents as the evidence OF his
agency is worthless, because the men who
signed il had no more right to issue such
pellets than any other two lobbyists that
were to be picked up about the apart
ments of Governor Warmoth while he was
using his ability in keeping negroes ava!
from the polls II. then. Mr.. Moncure is
alaw-abiding citizen. he will at once sub
nit his pretensions 10 the destruction
which the Supreme Court has pronounced
against them, and ha vii! advise his
| friends tina: their duty requires of them
20 bow in obedience to the legitimate au
! thority OF the State. The sanction and
protection of tho law are thrown about
Mr.. KelIogss administration. the protec
ton of the federal government is appa
rent, and the attempt to resist or dissolve
! this power grows weaker day by day
Whatever doubt The country at large ma.
| have had will be set at rest. and our gen
erai interest requires that the people 0
Louisiana should all unite in obedience
to common government in order tina
the blessings Of authority may fall upol
all alike. The white people will find it &
their advantage to commit themselves 4
an acguiescence in what they can no
alter, and which can be of immense ad
vantage to them when working in a com
mon interest, rather than 20 continue tn
reckless and ruinous factionism which ha
had such influence in iniuring them in tn