The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1873-10-15
The Louisiana Case In Slofy's Con.
mentaries.

A new election Of Judge Story world
rpnOW ned Commentaries 0n the COusti. &
tniiOn If the United States has. Just
been publisllpd under the e,iit",sl,ip If
tire Hon. Ti'"i,ns N. C"'lr., the icarn.
Ell Chief Justice If the Supreme Court
If Michigan. Judge C"ley adds the
following able note on the Louisiana
Case:
The recent ease If Louisiana demon.
s,rates that there ma, l~grrater wrongs
than even the wrongful refusal hy Con.
g,ess t" recognize the legitimate gov
eminent Of Il STATE, aud yrt u" speedy
and tf1tctnal remedy he attai,al,le.
Sucl, action on the part If Congress
would at least he that Of II pr. pc, an-
tho,ity, and would imply ,lriilNration,
aud be supported hy a presumption of
due regard fl, the public good AMI for
the supremacy Of the law. Bu, III the
cuse ut Louisiana 1T 1873; au interior
Federal Judge, without II shadow If
authority, and consequently III Il, fame
of law, and for thar reason supported
by no presumption "f correct motives,
and with scarcely u plettnse Of ots,r- !.
Wig even the usual t",ms, l.! the Irn-
rt.ss Of his court, aided bya military
force, installed in power Il STATE Gov
ernntent which he sided With as against
rival claimants, and in c"Ese4'n nee nf
Il pressure If business il Congress r,--
Guiding prompt attention to the east ly
that body, has been enabled to sustain
this Government in power until The
present time. Mr.. Justice Story has
with reason predicted that :" if Il des-
potic or monarcl.ical government we've
establish" d in one STATE it w"nld l,i"g
on the ,uin "t the whole iepuhlic.'
What give, nlnent can We more desput-
ic than one elected by an injunction,
and continued in power l,y u military
force under the order of Il Judge who,
having II" jurisdiction, il restrained y
no law but his own arbitrary Will
For the facts Of this unparalleled wrong
We refer I" reports made by the judi.
ciary Committee IF the United States
Senate in FEBRUARY, 1879. The case re-
qni,es no further comment than it
there rereives. The dulI-st mind can
not fail to see that the facility With
which the wrong is committed, ard the {
possible immediate advantages which
indi. idua|s may derive thr'efr"m,
present constant temptations to IT'S
repetition. and If Suffered I" pass once !
nnrebnkpd, a precedent will lie :acitly
,,sstitt.i 10 whirl, cann"t fail to threat
IN c",'st"nt danger t" our Liberties. rs.
peciaIly at '|;"se very periods q, high
p"li,iral excitement Mhrn prudence,
caution aud strict. at ,ega,d for the
cnNsii u,i'n AMI the laws ate most inn
portant. What party "r what poli,i-
cal leader can ut such times be +xlne-
Ted t" pay srrupnl"ns Difference I" the
laws, il judge may ignore them With
impunity;i 1t VAS tl""ght the elm AZ
If " r""g had l~en reached When II To-
cal Judge IN one If the States could
seize upon the rr"pe'ty "f indi> iduals !
aud corporations through his injnnc.
ti"ns and mandates, and plumber them
through, receivers; hut he at lenst VAS
not acting wholly wi,h"n, Jurisdiction;
and if he seized property, liz did mt
venture I" 60 SO fur as to make the
Liberties Ut the people the sui ject ofa
receivrrship.
... OBSERVATION-DISCLOSURES
W Let it not BE- forgotten that Mr..
W. S. l.. Bun.turst's lecture on the y.
tsInu ~ - IL, IL. .lul;.n..,l J., H., 'rn,,n