New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-09-14

relative to the election, or from interfering,
instruct;ng or hindering the legal returning
board from proceeding with its work or
functions under the law. RecOllect they
were in the midst of their laboIs when the
Governor proposed to interpose law signed
November 20, that could only apply to flu
ture elections, to cut of their functions and
make new board, whose functions in all
common sense could only apply to elections
held according to the act and after its be-
coming law.
The new returning board was 60 be
chosen by the Senate from aH political par
ties, and to fill its own vacancies. The
constitution says the Governor may appoint
to fill vacancies not otherwise provided for
by law. The Governor pretended to ill va
cancies in board not yet having any ex-
istence in law. and before the original mem
bers could be chosen according to the
statute creating their office. These he
chose from all the political parties, except
the Republican The Liberal Republicans
were sufficient to represent that party.
The remainder of the order OF the sixth
of December fol oade Warmoth and others
from preventing the legal returning board
from preparing canvass in time for the
Legislature, which was to Sit on the ninth
of December, and commanded him TO give
them access to and examination of all the
official documents and returns necessary 10
their fulfllment of DUTY.
If it be said that this was begging the
question which was the legal returning
board, if what has been advanced has not
convinced the reader which was court of
equity was bound to consider that one
board was necessary TO the preservation of
the records, tie performance of func-
lions necessary to be done before
the meeting of the Legislature, and
the court must determine from the
face OF the papers which could De best
intrusted with their official control. That
it did not err is shown by its finding nothing
subsequently to rectity, being in reality not
asked to. The Supreme Court of the State
of Louisiana has since decided in a case
within its jurisdiction. involving the tight
of This returning board to the office, 10
favor of the same board which was recog-
nized by the Circuit Court OF the United
States. Does nOt this settle the question
from every political and legal standpoint
All these orders being necessary under the
circumstances, similar to those known fron
time immemorial 10 courts of equity,
whence arises all the denunciatioR OF the
exercise Of power in this case!
There is no novelty in Che matter. exceps
what necessarily arises uBde. the fifteenth
amendment. States may sue States, bus
neither citizens of the State or other States,
ner foreigners, can effectively sue a State
in the federal courts State officers have
often pleaded with varying success that the
process against them was really against The
State, but jurisdiction has been settled gen.
orally 10 the effect that the inhibition
applies only in favor OF the State as party
of record. State officers are subject to the
federal judicial power, Wherever tina. OK.
tends to the subject matter.
The fifteenth amendment 10 go sweeping
that, whatever doubt exists as TO other
cases, there can be none TO eases arising
under it. A State is forbidden. and can be
prevented by the enforcement OF she law;
no doubt, chen, the officer may be pre-
vented.
State Supreme Courts have decided so
as to the judicial power 70 man
damus OF eDjoin the executive OF q State
that the federal judiciary may be supposed
not to be confident Of its power 20 40 SO;
yet no careful lawyer will utterly deny the
power to do SO in cases under the fifteenth
amendment. The practical result of the
application Of the fifteenth amendment
seems to have been startling TO many
minds, but careful examination of what
has been advanced in this article, and OF
what has been done in this case presents
nothing more than ought to have been sx.
pected from that amendment q. S;s pas
sage.
It has been often observed sha. ;f such
things can happen in Louisiana they may
happen next in New York. Well, they
ought to if ouch or similar circumstances
Fan happen there If in said and thor
oughly organized State like New York such
can occur and executive
lsurpation attempt the cup d'sttst, the Judi.
at way nd
cause arise under the fifteenth amendment
it will be the federal Judiciary. The colored
vote there is not relatively SO large OF i'm
oortant and the case for federal jurisdiction
not SO likely TO arise in y Northern as
Southern State. The change in legislation
and jurisprudence arising under The IF
zenith amendment is, of course, more
marked in the Southern States. and any
oodv might have expected that when il
passed. 1t has not yet worked q: reached
is end,
THE ANTOINE CASE.
The refusal to surrender ehe records and
'eturns to the legal returning board. or per-
nit their inspection OF them. tho disobe-
Hence and total disregard evinced or mani
estly intended of all the previous orders of
court; the determination TO organize on the
ninth OF December spurious Legislature.
which would put all practical results out of
he power Of the federal court, and defea.
ia jurisdiction by removing the question
beyond Che .,ud.cia, and solely within the
political power, made i! necessary :or q
proper party early in December 20 invoke
gain the power OF The Circui: Court.
Antoine :he Lieutenant Governor elece.
colored man. and the Republican candi.
late. elected as they necessarily all were |
to the statistics we have exam.
ned, depended upon an additional agency to |
ecure him from eXtrusion from the ri gh.s |
esulting from his election. That agency |
vas the recognition of the Senate. which it |
rganized illegally would lose him hi. office
eyond recovery.
Although the fifteenth amendment Is IN
ended to secure the right of suffrage in all |
asses, both under the State or federal gov. |
rnment, the two acts giving il effect avoid. /
d giving the judiciary control Of questions
lvolving the election and qualification of |
lembers of Congress, Presidential electors |
nd members of State Legislatures. and the
ct last passed expressly excepted these |
nd made them the only exceptions among I
le elective public officers. The reason is
bvious, each house Of Congress judges Of |
s own members, and the two in join: ses.
on receive and canvass Or sejsc. the votes
electors, and the respective houses of
tate Legislatures judge of their own ulem.
ers. Thus Congress has been careful /
sther to fall short of the comprehensive
over indicated i'll tie amendment. These I
are exceptional. They are only
, be construed to exclude Jurisdiction on
lie right to sit N Legislature which belongs
each house respectively. A court can not
lterterc with Legislature jurisdiction to
for itself, but this does not tie
le hands of court if il securing from de-
ial the rights Of 10000 voters, it finds it
ecessary not to permit a spurious return
g board and an equally spurious Secre-
Try of State from organizing and establish
g an illegal Legislature. Ihe right way
} secure the suffrage is to permit the
roper officers to return the Legislature ac-
,rding to law. and this 1.-THE true Legisla-
Ire is to be permitted to Judge of the cleo