New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-10-06
A VERY APT REPLY.

AttOtnoy Oonetol ValC mas been 1eol.
criticised by the legal minds which con
troll the Southern Democratic press, ant
not unfrequently we see it stated in gen
eral terms that high legal authorities holt
his legal opinions are without weight
Doubtless, there is more Of politics thar
sound judgment at the bottom of thes'
criticisms; more craftsmanship than either
and more right down ignorance than al
three combined. We have in our minds
eye at this moment dozen or more legal
aedglings, who make sort Of precarioui
living by practicing in our courts, but o.
whom it may be said they are like neces
sity, they "know no law" Yet they will
canvass the legal opinions of the wise OLD
jurisconsult with as much brazen impu.
dence as professional Whitewater will
condemn picture by Julio. Judge Taft
has just favored Colonel Patton with an
opinion in political ethics which is, in
our judgment, as incontrovertible as his
instructions to marshals.
1t was in reply to Mr.. Patton's letter Of
the twenty-third ultimo, requesting that
marshals be instructed to convey any citi-
zens whom they might arrest Immediately
before some officer who would be compelled
to release them on BAIL As such dispo-
sition of the case would be the last ever
heard of it, the arrest of dozen or two
bulldozers day would be of no conse-
quence.
But, unfortunately, Mr.. Taft does not
deem it to be his duty to issue detailed
instructions to meet every case. He in
forms Mr.. Patton what any good, honest
lawyer would have told him, that the dis
trict attorneys and marshals were pre-
sumed by the government to have some
sense, and they alone were responsible for
the manner in which prosecutions were
conducted. A ''citizen," once in arrest
by marshal, is in the jurisdiction of
the court of which he is the executive
officer. The Attorney General could
neither grant nor refuse him bail. The
district attorney, the marshal, and the At
torney General himself are under the con-
troll of the court. The opinions of the
law officers would no doubt have weight,
but neither Judge Bradley nor Judge
Woods would suffer their authority to be
However, as these are only de- |
tails of practice we leave them to be SET
led by the prosecuting officers of the gov
srnment on the one hand and the attor-
aey of "citizens" who may be 80 unlucky |
rs to get into limbo on the other. The
gem in Judge Taft's letter is the fellow
ing:
I trust, in the first place, that there may
be in Louisiana no reason for making ar |
rests of the sort to which you refer, but il |
there be, then. that no person may have |
good ground to complain OF anything Incl. |
lent thereto.
Judge Taft is more hopeful in language |
han the extraordinary solicitude of Mr.. |
Patton's letter will fully warrant. He
rusts, against evidence, that the Demo.
rats are not preparing to so conduct
themselves as to come in conflict with the |
aw, and that the district attorney and
MARSHAL and deputy marshals of this State
will have little to do. But he is evidently
nystified by this great preparation for
letting out of Jail before anybody is put
nto it. He thinks, doubtless, that those
rho do not contemplate breach of the
AVIS can have no very lively interest in
he treatment of criminals, unless they
xpect to be in some manner accessory.
q that case, that is, if there be some per-
ons here who can not go through the
anvass without attempting to trample
pom somebody's political rights, then the
ttorney General mildly hopes they will
nd their situation as comfortable as
ould be expected under the circum-
,ances.
If it was the intention to draw the fire
the government legal forces, as it were,
18th view to ascertain how near they
'uld come within range without danger,
icy have SO far failed that they have ex-
ted suspicion that they contemplate
me sort of hostilities which may lead to
leir falling into the clutches of the law.
here are SO many roads to Jail through
10 election law, that it is impossible to
retell the route by which our Demo-
attic candidates for limbo propose to
tier. They may have wholesome fear
at their conduct in the matter of certain
humiliation frauds will bring them
ouble. Judge Taft charitably trusts
ere is no such reason for making ar
SITS. They may contemplate course of
for the purpose of keeping
ters away from the polls, ard dislike ,
. idea of having their usefulness to the I
rty cut short by minion of the law.
} Democrat can serve his party with any I
gree Of efficiency when locked up, and '
there will be half dozen or more busy /
rs about the first of November, it is c
thing but prudence in providing them t
yes with plenty of surety bonds, a COM I
ssioner who can sign releases from +
son, and suitable orders to marshals to s
re them every chance to get out of t
uble and to work again as soon as pos G
lie. Judge Taft, however, refuses to
gotiate. He hopes they will all behave q
smselves and thus avoid arrest; but if | p
lerwise, If the Jealous workers for re- o
m can not restrain their NOBLE ardor: if a
y must rush into a career of swindlinp. .