New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-05-14
LEGAL fGHIC.


Is it 4 contempt for the intelligence Of
the people: confidence in their par
tisau prejudice, or natural incapacity to
reason which has prompted such speci-
mems Of logic as the following?
/. That the repor: Of a committee made
to a legislative body Of the federal govern.
ment. though not adopted by that body.
authorizes the citizens of State to act
upon tina. report in contrayention Of ex.
listing law.
2. That on an appeal to a paramount
tribunal. the failure Of that tribunal to
act afirms the prayer Of the appellant.
We have had lamentable evidences Of
popular action under the first example.
Here is the reasoning of the second:
An appeal was carried up from South
Carolina to the Supreme Court Of the Uni.
ted States. questioning the CONSTITUTE 'nality
of the kukiux act. On the final jud gInent
of the cour, the judges composing it were
equally divided. aud Mus refused Ia Gtiyh,
its const'tusioualay. If it had not been tor
a rule of court requiring a majority to re.
verse verdict below, the law would have
been declared unconstitutional. Being not
declared constitutional it ought not to have
been enforced because it is a rule Of all
criminal jurisprudence that all presump.
tons ought to be in favor of the criminals:
and when the courts which condemned
those convicted under this law possessed
such doubtful authority, as an equal divi.
sion Of the Supreme Court indicated. with
the VIGOROUSLY unjust trials by packed
juries by which they were convicted. no
man but President Grant would have
enforced the penalties they imposed.
Now. we would submit to all sticklers
for the rigid letter of the constitution
that not only does the rule Of courts but
the law Of Parliament require that to
overthrow 4 decision Of either. upon a
motion to reconsider or to annu1 the de.
cision Of an inferior court, there shall be
a majority voting for such repeal or an
nulment. We. however. submit the fol.
lowing syl.ogism to illustrate the no"
seluitu- involved in the propositions:
4 committee is detail from de:ib.
erative body to examine and report back.
with its opinion. as to the proper action
thereon.
But the opinion Of minority Of .
del.berativc body can 40. direc. OF bind
its action. therefore the report Of Senate
committee. not adopted by the Senate, is
binding a: law upon the constituency Of
the Senate. And again:
l. A rule Of the Sup:e:... al! az! o:ier .
peilate courts requiresa majority o. Judges
to annul the deere: Of al infe,io. tribunal.
.. But the decree o: !: leca! tribunal.
j. entitled to obedience. until !, shall!
have been adjudged illegal. under IT,.
rule and appeal prescribed +: tie ap.
pel!a:e tribunal.
). Therefore IT,. decree Of an inferior
tribuna; should be Of no force when the
appellate tribunal refuses to disturb it.
We do not choose to repeat the or.
:u:neu.s which led to the adoption Of the
ruie. Taey are obvious TO all who choose
TO reaso. upon them. Blu: if the organ
which has led people to resist taxes and
place themselves under arrest for az
alleged violation o: the act OF Congress.
has nothing better to give them than
this volunteer Argument agaius. the
const.tu:iona!ity Of that act. we sub.
mi: tia: these men had better plead
guilty and throw themselves if !mpleaded
on the mercy Of the court. Certainly
the ayowa. o: such an entirely illogical
syiiogisn. as is involved in tie reasoning
stated woui! e1asperate the most i'm.
partia: tribunal. 1, would be an absolute
impuatiou upon its intelligence. We would
advise the immediate withdrawal of the
plea. and dismissa! o: tie counse! who
fled and argued it.
Til. Danbury Ns~: says: when 20: sse
a dead ,uan in the road. with long Lai;. no
u.ierc'o.hing. and Lis boots run down at
tie heel. you mar be confident i. IS news.
....... Gov L., ,,o,ar"