, 1873-05-30
OBSERVATION-DISCLOSURES.

THE CN1oAao TRIBUNE donouucos President Grant
for sustaining Judge DureNs decision iu favor OF tho
Kellogg Government III LosiHiana. It Baya with rcf-
crence 10 tho idea that tho Executive must euforco tho
decialona Of tho Federal Judges that "tAoro is no
limit to this species Of abaurity except tho possible
limita Of raacality In tho United sates Court" The
TRIBUNE tcld m outtroy opposite view so1no months
ago, whom bought-up Federal Judges <.nakiug baro
majority Of tho Gourtl ducilcd IN favor Of tho SWIM
ding railroad bonds III iowa. It thcn commended TINT tho
President bud nothing to do but to enforce these de-
caiona OF the courts, and 1t arcagned tho people Of
Iowa as rebels for questioning tho juaco and conBs
tutonality of thu dcctsionB. II makes wonderful
difference whose OK ia gorodl In tho ono case tho
pooE, aowntroacn, and oppressed black race Is to 10
rrotoatcd Thfa ia not pleasing to TnE Tribune, IN
the ohor cse, the taxpayers Of Iowa nro oppressed to
I'LL the cotcra Of wealthy and dishonest railroad con-
tractors oven though nn constitutional barriers arc
broken down, and tho most sacred obligations vio-
latol. This lunkes TIE TRIBUNE happy.-1Nuscafino
{Ia.) Journal.
ANSWER.
Tho Constitution Of tho Unitod States aoclaros
that tho Jurisdiction Of tho United States Courts
shall not o1tend to any suit in which State is n
party defendant, OF words to that effect. II
aomo person had suod the State Of Iowa in tho
Unitod States District Court, il tho Judge had
taken jurisdiction and given Judgment against
the State, and ordered the Marahal to collect it
by leyy'on the State Tyeasnry, such Gasp would
have beon analogous TO tho action Of Judge
Durell in Now Orleans. Ho took jurisdiotion in
T. case wAoro 1t WAS expressly prohibited by the
Constitution. All the mombers Of tho senato
Committee say this, including Morton.
II, in tho case supposed. the State TrcaHuror
Of Iowa should resist tho execution, and tho
Marshal should cali OH tho President for troops
to execute his process, would tho President be
justified in furnishing thon? III tho CouBtitu-
tion binding Oh him or not2 Senator Carpon-
tor, by WY Of letting Grant Tor hi1nself) down
whstoyor District Judge orders, wlcther It DO
to Hoizo Stato-House or to hang citizen with
out jury trial. There is no act 90 pointcdly op-
posed to the prohibitions Of tito Constitution
that the President must not do 1t If q District
Judge, drunk OF eobos, orders that it be
dono. Ono Of tho most important ordors,
by tho way, isBuoa by Judge Duroll
was made outside OF tho courtroom, iu the
street. without tho attestation Of tho Clori, aud
without tho seal OF tho Court. What Of that
# tho President is bound to violate tho Consti-
tuition becauHe District Judge tolls him to, tho
form Of tho order is OF tho slghtest consequence.
Mr. Carpenter will not go into court~room and
offer his professional opinion that the Prosidont
ia required or oven permitted to ttansgresa the
| plain language Of tho Constitution because Home
| Judge has Issued IN order which he
had no business to Issue. Mother vii
Mr. Morton. AL such nonsonBo ia se
served for the stump or tho eaucus
| It is not beyond the bounds Of possibility tha
ono or tho other Of them may tako caso In be
half Of aomo client against Gon. Grant, after lii
term Of office expires, to recover damages 70
his unconstitutional acta in Louisiana. Tho lar
docs not protect anybody, In Office or out o
ofllco in civil Or military life, for unlawful acts
IL tho connly-bond cascH. to whlo4 tho Alusca
tine Journal rofors, 1t WAS novor lcniol that th
United States Court had jurisdiction. It wa
contondod BY those WHO opposed its judymun
TINT tho Court erred III not following th
latest adjudication OF tho Iowa snpyctn
Court OH tho subject. Tho United State
Supreme Court, to which IN appeal was takon
hold that tho latest adjudication applicable t.
thoso particular honda was tho one In force a
the time tito bonds wero sold to q oontiding pull
lie. But It III aside from tho purpose to argu
tho law points involved In tho case aftor til
jurisdiction was acquired. That Tho Court In
iprisdict!on-it bo!ng a eaaa hotwoon oltizo,,A o
dircront atatea--there could bo no question.
] What tho Muaoat!ne Iournas says abou
goring tho OF, and about the poor, 1own.troa
den md oppressed black race, haa 10 much tn