New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-11-30

up which the people Will not sustain, and
which cannot stand alone, the North will not
be willing long to prop 1t mp with bayonets.
LOUISIANA IND THE CONSTITUTIONS
Our readers do rot need to be told that we
have had for years small faith in the present
Louisiana Returning Board Its conduct two
wears ago seemed to us outrageous, and we
have never had any occasion to change that
opinion. We have regarded every step 1t has
taken in the present difficulties with suspicion,
Int have insisted that it is not to be blamed
in advance for wrongs which people expect it
To commit. IL fact this does not seem to us
to be time for heated partisan denuncatiOns
ON either side. Fair-minded men will wait for
overt acts, aud will not make up their minds
until the evidence is in. We do not sympa-
thize with the current denunciations because
the Louisiana Returning Board does not trans
act all its business in public. We wish 1t did;
but we can conceive of reasons why 1t may be
better that it should not, and prefer to be
sure of the facts before making free with our
censure. Those who are so prompt to de-
nounce it ought To consider whether there are
not good reasons why grand juries receive tes-
tjmony in secret upon which indictments are
based. though in some cases irreparable in
Jury may thus be donol Manifcstly, i'll spite
Of the evil results of such secrecy, it is neces-
sary. since it would be utterly impossible
to obtain testimony fer the disclosure of many
crimes if the names and evidence OF the first
witnesses were known and, moreover, the
warning thus given would in many cases enable
criminals to suppress or manufacture other evl-
dence, and thus defeat the ends of justice. But
il there not precisely the same reason for Sc
crecy where the crime To be disclosed is the
continued terrorism Of whole community by
violent deeds and by murder Men who have
penetrated such deeds are not likely to hcsi-
tate III putting witnesses out of the way. The
knowledge that no witness can testify in pub
lie against such a crime except ut the risk of
his life must deter many, and may wholly de-
feat Justice. Is it so, then, THAT testimony may
properly he gathered IN secret to disclose the
robbing of n hcn-roost, hut not To disclose the
greatest crime against the nationi
We agree that it is eminently desirable that
all Che proceedings of the Louisiana Returning
Board should be- open and public, so far as
that il possible without defeating justice. But
the law OF Louisiana does not require that all
proceedings should be public. 1t gives dis
cretionnry power 10 the board, so that, If
iusticc would be defeated by instant publica-
lion of the names aud testimony of witnesses,
they have full authority to hold private SEES
,ions is it entirely clear that no such case can
arisci On the contrary, if it be proved that
many murders and deeds of violence have
been committed in any parish, from which a
condition of terrorism would naturally result,
is il not altogether probable that any body OF
indges would find it utterly impossible To get
at the whole truth-the nature and object OF
these crimes, and their effect upon voters
without protecting witnesses from harm
Grant that this is a dangerous law. IL Is en-
acted TO prevent the most dangerous state OF
things that en- exist in n free country.
Grant that il is bad law, for the sake of
argument. Yet it is the law of the State of
Louisiana and like any other must be respected
and obcyed The board have no right to abuse
their great powers they have no right to use
secrecy for the cOnccalment of fraud and all
good citizens will insist that. so far as it may
he found safe aud consistent with full dis
charge of their duties, they will place all their
proceedings and all the facts before the world.
If when their work Is done, 1t is seen that the
secrecy was not necessary, or was used as II
cloak to cover up uctuS WHICH lncy uuItu hOI
LET in the light upon, then their iniamy Will
be only so much the greater, and the United
States will find way 10 undo their work.
But if, az to any part of their action or OF the
testimony, they decide now in favor of secrecy,
that il strictly within the law. and that de-
cision, like any other warranted by law, must
for the present be respected and obeyed
H. would be well for those who advise so
freely aud auth0ritatIvely to remember that
the laws Of Louisiana are not made in North
crn newspaper offices. Nor are they made to
Gt state of things which exists in North
ern States. We do not say that such
laws are wise. If a free election, such
rs we see in Northern States, cannot be held
in Louisiana, or Georgia, or Mississippi, 1t
il high time to consider how far those COM
munities are fitted to take part i'll tho gov
eminent of the United States But while they
do take part it is our duty to recognize the
fact that extraordinary difficulties require in
those States extraordinary measures for pro-
lection of the right of suffrage. We have
no business to make laws for them. There
is but one thing to do-tO insist that the
laws OF Louisilna-and not the laws which
we think Louisiana ought TO have - shall
be honestly and faithfully enforced
------
st-,sY mn