New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-05-29
TIE LOWER LAVA CASE.

TIE LOWER LAVA CASE.
There We're Many Conscientious citizens
to whom tie Obligation imposed By the
constitution 70 recover ard return per.
sous held il bondage was SO abLorrent
that they resoSted to means Of evasion and
Of resistance. There vas then . kindred
theory that State might at its pleasure
ve:c {. fedora. law. It's vas called Iui-
liicat;on.
These we.e neasrres CT higher law
tia: is. law unde. which . citizen held
himself responsible il conscience for tie
equity OF law or decree adopted by the
government Of which he is a part and to
which he is party. We have heretofore
den. cns.r.ted tia: tie abstract or intrinsic
justice Of a public &c: is an affair 70. Which
the legislator OF Judge is to account. The
citizen is bound t. obey or enforce tina:
law. just as the private soldier may take
life under tie order Of Lis superior officer.
without liability to punishment in Law CT
Conscience.
These doctrines were. 20 do;,!,:, IL
tendej: for tie Justification Of the patriot
isn ard. Intelligence Of the highe: orders
Of statesmen North AID Sc:ltL. It was
! never considered that t.. right C tie
citizen &c regulate lis obedience to law ty
his Conscientious convictions Of its moral
itv. involved tie right Of any citizen to
ray o. evale taxes imposed by law. Or
deny tie juris tsic:;or CT a eour. il cls=
Of larceny c. homicide.
Evidences continually occur to show the
mischief resulting from this re.egation of
public decision 70 private approval. The
wise and pure mind perhaps would no;
abuse tits powe. c: review claimed by tie
professor: CT t.. two schools stated.
Others. nc: So acute. o., perhaps. SO dis
interested, may Use this rigL: c: persona!
Injunction with less discretion. We
oLzonicleG enc Cos: yesterday:
NJ. John Halliday. stone cut.e.. and
| proprietor Of q large marble yard. and WHO
| was TIE unfortunate plaintiff in the suit Of
| Halliday rs. a. Lsrata. wl.cii had been de-
| c.tteG By lie Supreme Court adversely e
| his claims FOR s: 0et damages on accoun. CT
! an attachment: sued on. by Mr.. La.ata
| agaias: NJ. Halliday. Judge Morgan was
| tie organ 6. the court il rendering TIE de-
| Judge Morgan, extended his HAND. and
while Lo.i:H; that @: the Judge, re-
marked:
Judge. 20. rendered ye-y lard iuds
| me-. agai:5. ne.
Judge Morgan answered: Il am very
sorry. s,:. t. have leen compelled t. DO
Sd
Halliday responded: Blu. ye. Gid i:
| aga:u5. the law.
e tbs Judge Morgan answered. while
'i;seagaging his hand; x car no: discuss
tia: matter with You.
N'nereupon Halliday suddenly struck
hin. in the face. Judge Morgan responded
| eIc-se.icaIly.
Now. .Ir. JOHN Halliday. no doubt. rea-
sonet. thus: I Lave baer compelled to pay
i d=ut under decree which was. il ny
opinion unjust. Tie taxpayers Of the
cit: say that tLeC are Compelled to pay
taxes. in their opinion unjust. TIE tax
payers combine tc resist tie enforc .mert
9: these tax laws. l lave 10 power OF
combination. BIZ: vii. chastise cue Of tie
iud;os CT /. court which, upon appeal, de-
c:Ged aSains: ny rights. have the same
RICH: to re,::s: /. Law don't Ike tia. IT,:
rel: have to resis: laws they dent like.
So ie pitches irto Judge Morgan.
Ills i: specimen Of t.c love- l:w
II: law i: which any citizen. WHO neither
likes t. pay money ro- 60 to jail, upon LIS
OWE opinion that tie law c. d.cree is Lot
via: i: ought t. lie. re,:ats tie law. sAoots
tbs sheriff Or pUuueis the court, il tie
person 0: ora CT its members. Those Who
have sought t. tea:oa ti-ese doctrines tav.
upo. their heads Le:vy aid sr.Gc;e.:
responsibilities.
l. Tie I.ss.cre ard dispersion OF some
hundreds Of c.sizers by {. v;olea. force Ct
people lei ty ~ VIZ was ro oaicer.
=. Tie ssckins OF private storelouses
to effect +. public disturbance.
3. Tie prosecution If men ignorant Of
law to- violation Of law under counsel Of
those who teach disoLedience and resist
arce to ..v-.
/. Tic attempt tc introduce il tie
United States tie Partisan ari S;ciiiar
modes Of adjusting ro.itica! differences.
BY riots and assassination
;. That 10: ole CT ttcsa professors WHO
te:ch tits doctrire las attempted. t. carry
then into eaect. CT Ii! Limse.. liable for
tier penalties.
This lower Law doctrine thu. every man
is Liz ov2 Judge has produced such seri.
Gus results il New Orleans tia: tLcse uLo
profess should publicly reaounce and
abandon i. /: no.. "or tLei: heads lie