Orangeburg times. [volume] (Orangeburg, S.C.) 1872-1875, 1873-01-16
b4a .eoit4ssrj 4sTh ~ 10
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case arises directly under tho Constitu.
tuition and laws of the United Stalls,
and the jurisdiction IS vested by act 81:
Congress. Congress Z,as no power, to,
confer jurisdiction in nly' e.i,er case be.i
tween such citizens. It has 10 authori-f
ty of the State against the State, unilers
the act Of Congress Of 1870, upon SIM
lar condition Of facts "A citizen Of
State may maintain a suit for an aofRsd
ora Slate, 9withinits cpuft of lths qUnieed4'
Stntes; but the State Legislature siss
specially excepted from the operations Of
this act, in the same clause that it ;ex1
ccpts the Office of members of Congress
and Observation-Disclosures q The ex pafte
preliminary order in the case of An
toinc is rs explicit determinations of c
the titleo of thcmembers of the 'LcgisIa-
ture, and furnishes as complete writ
Of possession as could be devised. uAs
the organization of the Legislature is by
chancery order had there been resist
arcc TO the execution OF these orders,
and riot atid blooishea had followed.
upon whom would have fallen the reg.
possibility? Whose forbearancc wns IL
that bloody catastrophe has not been
exhibited as scandal to the aland.7r It
sometimes happens that the executive
department is tolerated, executed or idsti-
+ fed in acts of administration which ex-
c :cd their legal power. The arguments
derived from the terms .Stare necessity, =
"public welfare" or convenience" have
here soothing Influence but judiciary Q
action is not entitled toft any benefit
from such arguments. The damage
(which cnsues :from tile employment of
judiciary power to accomplish other than
Judicial acts Of administration, cannot be
calculated. and it is impossible to justify
| court on determining that to bsllegali
which is merely desirable, or that to be,
right which is only profitable. K at.al2
[ The order in the Kellogg cascI Was
ex Iarte-itgwas placed in the bands OF
the Marshal without notice to the par, (,
ties--it proceeds for an alleged contempt
bY no legal procedure usual in matters
of the SORT, and we are not aware Of any
imminence Of danger to;thc public peace
even if there had been such danger which
justities the Issue OF the State Capital on
Chancery case on suit hbetween
| Kellogg. and a canvnssing board, a.s,lit
professedly brought to perpctuate testi-
mony. X,
The case Of Antoine displays with moro
distinctncSs than that of kellogg; tho
use that has been made of judicial Or
ders to accomplish results of which tho
judiciary had no cognizance. Antoine
was candidate for Lieutenant Cover.
Eo-, and entitled to his office in January
next had he been elected. With dis
puted title n month in advance, he fled
this biii, and obtained the order we have
cited, placing under intcrdict the Cover
nor, secretary Of State, the members
elect of both branches of tho general
assembly. MI the board and members of
the police, the names Of two canvassing
boards, and upon this ex parte order the
organization Of the general assembly, at
a time when he had no share In any of
its sittings, was regulated and directed.
Since tie mu;iny in New Orleans
under which the commissioner was
a ,I ointed. VIC have been met with the
suggestion that these orders and nets are
facts accomplished, and that their revo
cation or RECESSION would not restore the
statue quo; and TINT cur complaints
therefore arc unreasonable. Ifthc ,opin-
ion We have be correct, such condtion
ought not to affect our action or conduct.
When tho king Of Great Britain cstab-
lish ID, arbitrarily Government in ono
of the ctlo.,ies, the remaining colonies
took the alarm, lest it might serve ns q
Instrument to establish such government
els1whcrc., Besides, men are less patient
unIor o,lo., -. .t