American citizen. [volume] (Canton, Miss.) 1864-1890, 1873-06-21

have so overstepped the the limits of Federal ju-
ri-dction-
In the suit of Colonel Antoine, candi-
date on the Kellogg ticket for Lieutenant
Governor, they say:
Indeed, it is impossible not to see that this hill
was filed. and the restraining order thereon was
issued, for the sole purpose of accomplishing WHAT
no Federal court has authority 10 do-the organli-
ton of State Legislature. And your Committee
that any Judge of the United States should thus
unwarrantably have interfered with state GOV
eminent. and know no language {" express thelf
condemnation of such proceeding.
Senator Morton said:
The conduct of Judge Durell, sitting IN the
Circuit Court. can not be justified or ",,nari
the exercise of powers t" which he could law y"
ci'iIih, .. The pretcnsc that in suit T.,
= 'p'-- testimony. the court could 90 beyond
natural and reasonable jurisdiction to decide
who constituted the legal returning board under
the laws Of louisiana and To enforce the rights OF
such it might determine 10 be members of that
board and to enjon Others who not, is without
foundation in law logic
In the Antoine case Judge Duren not only as
sumed TO determine who constituted the legal
returning board but to prescribe who should
be permitted to take part in the organization of
the Legislature, and TO enjoin all persons from
taking part in such organization tof the Legis-
lature) who were not returned by the Lynch Board
as elected; and this assumption made in the
IL benefits should not extend to candidates for
Presidential Electors. for members of Congress or
for State Legislature.
His orders issued in the Kellogg case to the
United states Marshal. TO take possession of the
State House for the purpose of preventing unlaw
full assemblages. under which the Marshal called 10
his aid portion of the army of the United States
as posse coDtifdfhs, can only be characterized
gross usurpation.
Now turn to the debate in the Senate, of
February 81, 1873, page 1913, Forty -second
Congress. third session, Congressional
Globe, and read. Senator Carpenter says:
fa;t
ernor Warmoih- carrying in his pocket the legisla
tive power of the State, and Judge DuIrelI, exer-
cising a usurped jurisdiction conferred upon him
by no act Of Congress, would rival the excitement
of play. Imagine the Governor exulting over the
Judge, after the approval of the act of November
reached and bafied the Judge; and then let us
the efforts of Judge Durell to overcome his
willy antagonist. 1t is true the pleasure created by
this contest in mind must be considerably
dashed by the melancholy fact that Federal
utterly disregard his duty But ignoring for the
present all such saddening reflections, let turn
TO the Judge and see how he proposed TO cope with
After quoting the extraordinary order
of a bribed and drunken Judge, he con
tiRues:
This is the most remarkable performance to he
found in the annals of judicial proceedings. 1t
does purport to be the of the courts and il
was not: it is not even signed by The Judge
Judge 1t bears no resemblance to judicial process
1t is not signed by the Clerk sealed with the
if signed and published by any other citizen of the
United States or Mexico. The prior order made by
the Judge in this case went. | have shown. en-
trely beyond the jurisdiction of the courts; but
this last performance ecpses it and everything
else that | know of in the way of judicial usurpa
Under this order the State-house was seized by
Federal troops. A company of troops from Florida
happened TO arrive in New Orleans in the nick of
time, and were put in possession of the Statehouse
and held it for weeks. All the entrances except
one were closed and over that two sentinels with
bayonets crossed, stood night and day. to inspect
who should enter 1t Is true they did not interfere
with the ingress and eress of State officers and of
all private persons that came individually and
quietly to pass in and out: but the order of the
court required the Marshal TO prevent, and
assume that the Marshal would have prevented,
the men determined by the De Ferret board to have
been elected. from taking their in the Legsla-
ture or acting Legislature.
We rather think that the colored people
of New Orleans will find it difficult to
find more partisan tribunal in the entire
North than the men who composed the
majority of the committee, and, unless
they introduce testimony that is utterly
false and unworthy of credit, they will
find the Northern people will reach the
same conclusion.-L0uisciU C0urter-Jour-
nj