New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-06-07
ANOTHER DECISION.

| meEt Recognized as NaNd ny the Su.
| preme Court Of the United States-CoB.
| siitutiOnnl Law sustaining Rebel
Rights Under n De Facto Government
Applied as Test cf Vaiidity-Our
| oldest and Best' Ceunseling Peace
ard AcGuiescence-The Day Of Con.
servatis.n and Prosperity at Hand.
On the second instant judgmen. was rem
dered in favor of the Home Insurance Com
| pany, and the Southern Insurance and
Trust Company, Of Savannah, Georgia, for
over 100000 by the Court Of Claims, icing
for the proceeds OF abandoned cotton
claimed by said companies:
These corporations were created by the
Legislature Of -he State Of Georgia, while
said State was IN rebellion against the
United States, and the question raised was
| whether they were capable OF owning the
cotton captured, and capable Ct suing in
this court for the proceeds. The Chief JUS
tice delivered the opinion Of the court an
swering this question atfirma lively hold
ing that under the decisions OF the United
States Supreme Court, that where an act Of
the Legislature of rebel State did not
tend to further or support the rebellion or
defeat the just rights Of citizens, but related
merely to the domestic affairs Of the people
OF the State as a community, aside from the
connection of that people with the rebel
lion, it is valid by de facto, though unlav-
ful government, winch Will be sustained in
the courts of the United States applying
these tests to the charter OF this company.
1t is therefore held that they have valid
existence and are entitled to the judgments
above mentioned.
We presume the most violent opponent
ard deDouncer of the kellogg govern
ment' will admit this decision to be sound
rebel law and undoubted constitutional
doctrine as maintaining rebel rights. Nay,
we are confident that even the Ptcnyune,
the peoples paper" will uphold this high
constitutional doctrine as maintained by
the Supreme Court of tie United States.
If so, what is sauce for the goose is sauce
for the gander,' and we ask the Fusionists
to apply the same doctrine 10 test tie valid
ity of the kellogg government" beipG
willing for the moment TO so to the very
extreme point, as con tended for bv the Fu-
sionists, and in the Language OF the higbes9
judicial authority, we pTopound, Must
not the domestic affairs Of the people of
State, as q community, be declared AID re-
cognized as valid under q dc tacto, though
unlawful governme Mt !'
While we uphold .be kellogg govern
ment as de juFe still all we ask of our op-
ponents is that they shall recognize as valid
the acts of this government so far as re-
lates TO the domestic affairs OF the people
OF this State as a community, and observe
the same.
The rush Of the late ''resisters'' to paw
their taxes is the strongest evidence OF tie
part of our citizens hat this doctrine is
now being fully recognized. and the lead.
ing men Of the best common sense among
our opponents, we are glad to find, are
counseling peace and acquiescence, for tie
promotion OF commerce and the welfare of
the State, in preference 70 the Democratic
fatal policy Of rule or ruin," by buttirg
their brains out and leaving only a state
of wretchedness and misery for their ad-
herents. Sensible to the last. We are
willing to guarantee that Kellogg will yet
prove the most conservative Governor that
Louisiana has had for a quarter of cen
tury, and that the brightest days of pros
perity are yet IN store for our people.