New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-12-22
srATE YInHrs sU1IIIIDH1RD.

r = J
STATE I1aHrs sul1lIlDEssD.
We have not been surprised that the
national State TiGhta Dsm0csatsr shoead
have preferred the fat contracts ana
splendid commissions of the Union, to
the privations and suffering Of the South
ern Confederates. We have not, them
been unprepared for the further humilia-
ton TO which the Southern State rights
party has bssn subjected BY the Dsmol
cratic State rights House Of Representa-
tives. 7 ". ~
It has been asserted in the gas meter
kilograms Of the P;cay,ns that the Re-
turning Board of Louisiana would be
summoned before the bar Of the House,
and held in contumacy for not respond
ing to any, questions propoupded BY that
body. The White League organ even
chuckled over the prospect Of enjoying
the imprisonment of Aessra Wells and
Anderson in the ''crypts" and cavities in
the Capitol basement. We have not seen
these positive threats of incarceration
published in anything except an anony-
nous and irresponsible press, and have
therefore, forborne any comment upon
the possibility of such an outrage.
The voluntary appearance Of members
of the Returning Board before the con-
gressional committee, and their amiabie
disposition to aid the inquisition is all
very well. We have no doubt these gen.
tlemen would be glad to spread before the
whole people the reasons which have actu-
ated them in the discharge Of their sworn
duties. Still, the question rises with great
force, under what clause Of the constitu-
ton is the power given to the House OF
Representatives to inquire into the legality
of an act done by State of6cial2
The case Of the telegraphic agent re-
quired to surrender papers and facts COM
municated under the ssnctity Of conf
dsnce is Of undoubtsd importance. The
Federal constitution protects individuals
against unreasonable searches and seiz-
ures Of their persons. houses, papers and
effects" The confidence Of, . priest .
counsellor ct iaw or of the public mails
has heretofore never been violated.
There il no power here, - under Euro.
pean dsspotiGm. to subject rsticent or
even contumacious witnesses to starva-
ton, the thumbscrews or ''the question"
by the rack and wheel Il is to be in
ferred, therefore, that there 10 no right on
the part Of Congress or the courts to do
more than puniah for tho o1eose Of con-
tumacy, and that wit Of habeas corpus
will always bring up the merits Of such
punishmsnt for decision by tribunal
competent to grant . just relief u
The demand that State Official shall
como before , Federal commission, and
account for the performance Of duty
wholly relevant to the government Of the
State, seems to our mind the last outrage
and abandonment Of every right ever
claimed for the States. Were the States
but municipal corporations We should
doubt the existence Of any authority save
that recognized by the charter which
created them to compel report and adju-
dictate the loyalty of their acts.
The Republican party has contended
for the supremacy of the Union, but it
has never claimed federal jurisdiction
over the official acts of State officer and
agent. We do not think that the late
Thaddeus Stevens would have approved
of sergeant-at-arms entering the State
of Pennsylvania and dragging an auditor
of State finances before Congress to de-
mand how he had expended the col
and to put him in q "crypt" of
the national Capitol if he could not or
would not satisfy the inquiry.
We may even question whether it be
not within the province of State Gov
ernor to intervene for the protection Of
The officials whom he has commissioned.
It has seemed to us that remonstrance
against the consequences of such an in
QUESTION, with the utter degradation of the |
State authority, would be useful in |
bringing to the attention Of the nation
he extraordinary demand of congression-
i committees.
It is perhaps we'll that these commit |
ees confine themselves to those States in |
which no question need be raised, be-
'ause no resistance can be offered. Were |
} committee to demand an explanation
rom the Democratic officers who con-
lucted the State elections in New York,
Connecticut or Indiana, the extent Of !!
authority might be tested. |
Is it is, We suppose the Returning Officers
+ Louisiana, subjected to such persecu-
ion at the hands of the Democratic party,
aust demean themselves meekly and with
bedience, lest they be subjected to the
enlistment of the modern inquisition and
,carcerated in the underground "crypts"
the Democratic side of the national
apitol The Democracy will require q
astile to c0nsummate the cruelties of the
and carry out the State rights
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