New Orleans Republican., 1873-05-27
COURT RECORD.
MONDAY, MAY &c. 1873.
Before United States Commissioner Shat

Before United States Commissioner Shan.
thited States vs. DeBlanc ard otters.-Tbe test;
Mony in brief was follows:
Victor Rochon-Gave Mr.. Martinez tie infcrna
ton that he feared an attack and thought aft
davit should be made.
Gustave Baker-Had heard rumors OF an attack.
plG lot see any of the prisoners engaged IL Il.
George n. CASTLE Knew nothing Of the case.
Charles LaViere knew nothing Of the case.
AdOlph Pratt knew nothing o: the
Monroe Baker-The prisoners Liver troubled tie
coloIed people: there were two police wounded
and ] was asked 10 receive :hem by Genera!
Badger who was stopping al my house. and did So.
Rob Roy Dyon knew nothing OF the case,
Acede Veazey-Resides IL 81. Ma.:.nv.; ;e ard IS
Clerk OF the court, the prisoner did not int tiidate
the colored people. saw abont fifty people leave
about ten or fifteen days there LIST circu
iatns IL town OF names O: those who would ress.
;he Metropolltans: the officers are new II .ttce.
M. Fotiuetie knew OF armed RESISTANCE 20 the
MetTopolitars
Edward Ford said one OF she prisoners. NJ. Te.
zaut, had Threatened lin.
Mr. MARITIME: said he had on.y mace :he affidavit
OF inform al ior received.
The defense submitted ,he case on :he evidence
offered by the prosecution. aid :he following de
flslOn was rendered by the cOmmis soCeI:
Before deciding upon the 'uesiloL: Of tie dis
charge of the parties il this Case. desire 10 eX.
press my opinion in regard to the argument Of one
OF the counsel for the defense. upen the motion
10 disc charge upon the insuffcieLcy OF the atiida.
Wiz he counsel ,nslsfed before me that the civil
rights bill. as il was called was OE.v intended 20
protect tie coiored men i'll their rights and priv.
iieges as ci:izeIs of ;he United sIates- ] differ
with Elm II that Interpretation of :he act Of iStG.
and hod to the opinion as pre- sseG bv MI justice
Fled ia the sl.ushterl"Gse cases. from which
quote:
constitution .le United Sta'+s). however, trdS
suppoI; IL the ac: of Congress REown as the civil
Fights act. which was framed and adopted upon
construction Of the thirteenth amendment. gazing
70 language a stmilaI breadth. That amend
men: .alit ed on tre eighteenth Of December,
1865, and in April of the following sear the civ:
rights act was passed. Its first section declares
that all pel.ops born in the United States and rot
sub cts 10 foreign power excepting LLians not
taxed, are citizens OF the United states. and 'thac
suc citizens Of every race and coor without regard
10 any previous condition OF slavery or !nvouB-
:aiy heI..tuds, except as punishment for crime.
whereof :he party shall have been duly CONVICTED.
tory i'll the United stat. :, TO make and enforce
contracts. 30 be pa: tics and give evidence TO
inherit. purchase. lease. sell. hod and convey rea!
and peT.oIa' property. and 10 full and eqaai beH.
eft OF ali laws and proceedings y the se.;rity OF
person and property. as i. enjoyed ~ white
"This legislation was supported upon :he theory
tha: citizens OF the United States. as such. ae.e
tntltiSd 10 the rights aad privileges enumerated.
and tnar 10 deny TO aIy such cit gen eq qiaiity IL
these and privileges VAL; others, was 10 tie extent
Of the denial eu3je ctiuS them to an involuntary
serv1tudt. Senator TriInb IL. who drew tie act.
ans! who was its earnest advocate IN tile Senate.
stated, on opening the d!scus np0n It "a cha:
body, that tnt measure was intended TO give effect
10 the declaration OF the amendment. and TO
cure to all per. ons in the United States practical
freedom. After referring 10 several statutes
passed IN some Of the Southern States, d!sc1iniLa
ting between the freedman and white citizens
and after citing :he definition Of civil Liberty given
by Blackstone, .Ee Senator said:
i take il that any statute which is not equa. 10
all al which Geprives any citizen of CIV! llghls
which - secured 10 other citizens. Is an I'M Ist
.I.croachmeut upon his liberty, and IS IN fac,
bads. OF serv!tudt wLlSh by 'hr Constitution IS
5.ohlh.tei.''
III, is the iat suase Of one OF tie four irlses
whu delivered nnoI;t, OPINIONS against tie ia
al Al In - n4Y Ir1
joilty one ! shaL adhere 10 :his construct .o,
OF 10. civi. rights ac: believing j; 10 be :he
hold tina: the act in question. so !arAs i affords
protection to citizens in Iher lights and privileges.
includes all ctizens and not special class has
been urged before ] believe. also. tla. Il is
minority doctrine wiz yet prevail. III the Supreme
Court upon the accs ssior OF Few Chief Justice i'll
pace OF the late <nipeL. juys! who held t. and
So far as regard. my action n tie eases arising
under .he statute referred to, sha! u;erpres its
sco:e and me aliug as before indicated uEt
authoritative decisiOM is gwen upon The sUh;ec:
that appears in HE slaughteIhcHst case.
In :his case there is no proc; to Justify the &c
should be those .mbued with :ears which .nnel
:he III 20 suggest to Others the making OF aft iavits
without inst cause. those WHO engage it! 'hls
kind Of work would look better :oe tendin. to
iheig Own OuslEes'. TO be sIr the defendants
have teen uniu.ty put to the expense Gt lime and
morev. bnt tins is a sacrifice they must tie coreu.
70 eIiire suv the god OF .he t'!y polite.
Supreme Court.
TIE 4,iiowi.e is the ia! text of the c1.n'on Of
Justic. iaiisIeFro IA StaietA re-. Join y. BJILer
". L L. LvGci:
T.s is a su: i.ronsh: un,:er she Intrusion. ac. IL
:he .!.:ne o! John VI. Bonrtr. alleging :ha: tle
general election. he'd .n November. 8.2 ii-
e.ec;eo ilgc OF the Fourth DistI!c: C"urt tor 'ie
parish -; E:icaLs having received IlUrs !ty o.:
III. cotts pot ed for that cs. :!eTe hsvi, been
:h!er Candi,iat. ST. J Cooley. L. L. Lyrcn. the
tt:caTt, and himself; that Eutwi,''steI Iig
,l..y returned eler:ed 10 I'D Sf.ice ayd
IL iskiuued bv II. G. Warmotl. Governor OF .ht
state ,he detenian: has ,ntru.!.G intp and t.I.ii
at SlIt.S ia Al .rfaJyr "
Holding and exercising She duties Thereof. H.
paws TO be IeccSn zed as i..dge o' said FoItth
s.iLe: tha. the def n'laI: He deemed usurp.r Of
ilt Otct, and his professions tkleto be :.j-c;ed
aad IC' al owed.
The defendant excepted 70 ;he proceeding taken
against him by :he lela lator Oh ttvsIa. grcuEIs.
/. cong which are the toowing
That She IT ator SHOWS no cause OF action: that
'he matters G.leset! are rot OF u:cia. cognizaure
tia. .he couttsting OF votes 10. ;udic. tune.
tior and the cou:. is ".thuUt iarsdict o I'd .icu
na'er!a: THAI the sta: te under wii. the se.alor
claims to piccsed does not embrace lis cas.: .hat
lie 8 therefore without Il stand ns in court.
Tie defendant answered bv general deHia..
lie alleges that lie was dl, elected 70 til. office
cla ID bv tie reiator. and returned eec:e;: "y
John Ly'"li. James La .stltt' al! GeOI. I.
Eoree. tie hoarc OF returning officers. AID II ptl;.
sI.uce thereof tia: he was auiv eoulm.ss oCet! by
tie acting Go:oInor, Pinchback.
lie exceptions were sustained and the cast. d E.
missed. Tie ;-iator Das appealed. The IeiatnG
shows comm. .ssion from tnv.riUr H. c. va moth
la' et. Noven.-r 50. !6.. Tie de .rndant p:oGcces
coniIu!sslon :tom ac;i. GOveiLos P.uc..back.
dated Ieccember Is, !e12.
We d. cided tie Of Hennari vs. Morgan.
and again n the ease OF Hughes VS.. P,tklC, that
The tU ard of returning officers composed O.: John
L'nc'.. George /. Bnvee. james Longstreet and
Jacob Hawkins was the legal returning board st
tie ate a! :Le late NoveIrher elect on. That
board. !: appears returned thr dee: dart Lyme.
as elected Judge o: tie Fourth District CGur. o.
Orleans ahG upon !hc :ettIu The acting Governor
issued c"iiiinss"n 10 u IN arc':c. % laH: aud
nOlGl!,. office under s.IcE ,ot
t sald /" maze .u!:autG INTO OK &c -d -d":.i.y LCl3
tie Once
bui Z IS SID he 1ef IRIS are cn.y prini lace
poet a. the results o! the a.. ti0r. hat IS !ruc
Ine question. however. as 70 tie election :" Off
"trs. - F"!tical GLe-'cE. AID courts o' ius:ice