Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1873-01-26

HAIL.
From the New OrleBns PicayuneI
Some unthinking persons seem tc
suppose that decision by the Supreme
Court of the State, in any of the mat.
ters now pending before them, or about
to be appealed from the inferior court,
can settle the present political difficult
ties. Such impression is entirely erro-
neous. There are matters involved be-
yond the scope Of any judicial action.
The theory and spirit of our tripartite
! government must be kept in view, its
legislation, executive and Judiciary de-
partments being gcO-ordinate, but distinct
and independent in theirsphere of action.
The writings OF the trainers Of our Gov
eminent, and the subsequent dicta of
! courts and others in authority, have
made such questions to be thoroughly
understood. Aside from this there is
J the general provision that each house of
the General Assembly shall be the sole
judge Of the qualifications of its men,
bers. The turning point in this matter
was the organization of the Senate, on
the ninth day of December, 1872. So
| thoroughly was this understood by the
CustomhOuse conspirators that they
urged on Judge Durell to grant those
orders which have gained for him such
unenviable notoriety. To have stopped
| there would have lost for them that ab-
sol1te control which, right or
wrong, they were determined to
WELD. Were the Senate left free
to exercise that constitutional right
belonging to it, of passing for itself
upon the qualifications of its members.
they might arrive at conclusions at vari-
anee with the eonspirators in the gran
Ite building. Their lawful action must
be controlled. Writs of Injunction. in
violation of the enforcement act itself
were launched against most of the
really elected Senators; Federal Mar
shals and Federal soldiers were placed
in formidable array to secure their ex-
cluslon from the Senate Chamber, and
the Clerk OF the Senate had prescribed
Tor him by United States Judge what
action he should take on the moment-
Gus occasion. All this was still in
sufficient; the Senate might assume to
Ylndleate Its prerogative, and Kellogg & |
Go. feared the action that might be
taken by majority of the holding over
Senators, nearly all of whom are Repub- |
lIcans. Here comes in the plant tool |
then-the unmanageable and ambitious 1
rival since-P. B. S. Pinchbeck, holding |
seat as Senator from the Second Dis /
trict of New Orleans, had been elected /
President of the Senate after the death |
of Lieutenant Governor Dunn. By vir-
tue of his Office he was Lieutenant
Governor. Reference to the journal of
the Senate for 1872 shows that on every
occasion he answered to his name as
Senator and helped to make up the quo
rum when the number requisite was
reduced to eighteen, because of the
absence of certain others on the VIII
derness. Pinchbeck's term of office
had expired on the fourth day of No
veInber, 1872, his successor was present
and ready to take bis seat. Usurping
the functions of President of the Sem
ate, and in spite of the protests and re-
monstrances of Republican Sena tors
holding over, he proceeded to the or
ganization of the Senate according to
the programme adopted by the conspir-
ators in their secret conclaves. The
Senators entitled to determine the Ques-
tion were not permitted to exercise their
lawful and inalienable functions, and
all their efforts in opposition to
this foul usurpation and ourage,
were borne down through the ;
aid and countenance of the Federal Adj
If the Federal powers
would do full justice, let them remand
this matter 10 the proper tribunal, the :
Senate itself Let the wrong done be !
lndoae. Not Senator after the fourth
of November, 1872, and therefore not
Lieutenant-Governor, Pinchback could !
lever become Acting Governor. All
lone under his usurped administration J
las DO basis in law. Let these matters
De clearly laid before Congress, and the Z
national legislators cannot so far stultify !
heir own intelligence in the light Of
public opinion as TO refuse to see tie i
wrong that has been done and apply tie Z
egal REMEDY.