The Lafayette advertiser. [volume] (Vermilionville [i.e. Lafayette], La.) 1865-19??, 1873-04-12

| ""' y" t''e part OF a Judge
'oncec'ng the power Of the court to MAKE
ssch an order, the judge out CT cour. had
no moro authority to make it thar hal
ths marshal. 1t has not even the form O,
!ud'.'al process 1t WAS no. sea'e!. nor was
1t s'mei By tle ce,k, and had no ,ao:e
'ega' 'ftect than an order issued hy anv
private citizen" And in reference 20 a
Oil IN equity, under which wri.s Of ini,ns-
t,o' were granted, restraining the lawfully
elected members and officers Of the Iris
'ataie c ''osa assisting in the organization of
the deneF" Assembly, the rep,r. Of said
committee o'clares: Indeed it is iapos.
s,o'e not 70 50 that this bill was fled, and
the reS'ra'n'nsorjer thereon issued for IL,
so's SOL, purpose oaecomplishiay what no
re'e'"l court nasthe jurisdiction to do
the organization ca State Legislature
Aud your committescannot refrain from
expressing their as:oishment ,ha. .nv
judge OF the United Sizes should ,bns nn
warfantab'y have intsri>sd with a State
government, AMI know ,anoYa,. ,no
strong to express their c., si" asm, 'oa y,
such proceeding Unfouna,s;v ear,
the cause of constitutional INrtv nu,,I;.
peace sndjastics, 'hs Federal ,x.cut;vs
under mistaken sense OF duty, S,.aa Of
rebuking THE presumptuoas orc. nf
district judge, determined to enfo., :, |
and the usurping Government is sasta al al !
to day under his authority by the mi'iIv
power of the United States. The mo
reprehensibie and ominous feature, per
hsps, of the whole transaction is found 10
the fact that the unlawful and unconsii;u
.ional acts of both the district udgc and
the Federal Executive are sought toaoe
justified, no, on the ground OF righ. but
Of expediency. The district judge, for
instance, admits the validity Of the law
fully appointed returning board, but super.
sedes i. for fsx. its recognition might be
productive Of evil. The President must
have been, ere thie. fully convinced tha:
the Government which was created aud is
still maintained in Louisiana, by the au-
lhority aud military power Of the United
States is not in anywise ihs lawfully elect
ed Government of that State, and yet be
continues 10 recognize and supper. it as
the de tacso Government, forgetting that
it is such only by the intervention Of his
authority aud the army of.ths- United
States, fos all conce6e that but for the
Illegal interference Of the .Uni.ed States
authorities, civil and military, the law
fully elected Government would have
been peacefully insugurated rs the
Government both de facto and de jure,
and as such submitted to by the people.
Upon what plea can any authority be
justified 10 taking advantage Of its own
wrong or derive a legal right from its
own violation Of law The proposition
which claims 4 right in such case to
recognize = de taeio Government when
fairly interpreted amounts plainly .asd
simply to this: That a President Of the
United States may, in the interests of
party, if 80 inclined. through the agency
Of the Federal court, supported by Fed.
eral troops directly or Indirectly crush cut
the Government elected! by the people,
and installing the defeated candidates Of
his party, recognlss them in defiance Of
and laws AS Govesuin ent
de tacfo, denouncing and .reaiiag al re
cusants as rebels. For such ptpce1use,
the Congressional segi- l.ti.n ,a-eutsroe
the fifteenth amend,i-..t to the eonsiitu ION
will always furnish 10 the Southern States
abundant occasion ~nl pse,-xt. DO
not i'm pute to the. z residen! such sinister
purpose 10 the present in-tsfce, aud =. t,
by whatever motives Us may have
been aetnatej, ito disastrous result
has attended his policy, and to-day
unhappy Louisiana is more p-ocors::;;...;..
province than sovtre;xa ~. ,nd~pen.
den. State of on. rr.dcra.. ua;on. By the
intervention Of FEDERAL authority, un,ler
the pretext Of enforcing the fifteenth
the government Of her ch,ice
has been set aside and tho cand'a.tes Of
defeated political party maie'to bear rule
over her. We learn therefore, without
surprise. that within her borders "business
is paralized, commercs frightened away.
trade stopped, credit destroyed, confidence
lost, aud, withsl. taxes increased" No
plea can excuse such AL outrage upon the
rights ofa State. The cou-
troll Of hes Own elections, unlrammeied -by
any interference from without, is essential
to srIf-gcv oru.nent, aid is guaranteed to
her by the Federal constitution and laws.
I. is true that, by the ac, Of Congress
May 81, 1870, candidates for certain Of
fees. If defeated by den1sl Of The riyh:
Of suffrage to the black man. an! he sole
Question Of title to such ,fiices arises on,
Of such denial, may bring III. case before
a circuit or district court of the United
States, which, shall have concnyen.ly
with the State courts Jurisdiction thereof
$50 fsr as 70 deternin,. tie rights Of tie
parties to each Office By reason OF the De
nial Of the right guaranteed By the 5th
article of amendment 10 tbs constitution
Of the United States" This law was en-.
acted simply to secure to .hs co'ored man