New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-01-19

The F0urteenth Of September before a
Justice of the Peace.

~
The Fourteenth Of September before a
Justice of the Peace.
Since the answer of Foley in the cele-
brated P. Clarke COW case. but few more
glowing legal papers have been seen in
New Orleans than the answer fled on Mon
day by Mr.. Jonas, as attorney in the case
mo. 1872, First Justice Court, c. T. Bud
decke VS.. E. A. Burke" Considering this
answer in its beauties, the pathos of Hor-
nor in the 1.-TWO Orphans case ls lost sight
| of, the trite phrases of Rice are forgotten,
the rounded sentences of Fellows seem
crude, the eloquence of New pales beneath
its spell. In brief, it appears Mr.. Buddecke,
| who believes that business is business,
brings suit to gain payment for certain
| quantities of powder taken from
him in September, 1874, by Mr..
Burke. In answering the claim, the
defendant says the powder was neither
sold nor delivered to respondent, bu. was
Furnished" as plaintiff we'll knew, upon
the order of Hon. D. B. Penn, acting Gov
| ernor Of Louisiana, for the use Of the mill
| tia of the State, then under arms in defense
| of her liberties, of which order plaintiff was
well advised and informed" This, it will
| be remembered, was the occasion when the
| disturbance took place in the streets of New
Orleane, growing ont of the resolves of a
mass meeting on Canal street. Campaig n
| orators have eloquentlv alluded to it as
glorious uprising of ''the people," That
event, shorn of it's grandiloquence, and
brought up before justice of the
| peace to recover pay for the am
| munition wasted, appears in the legal
terms of the auartermaster's attorney,
only as calling out of militia under the
orders Of q gentleman claiming to be acting
| as Governor of Louisiana. Defendant also
alleges that at that time plaintiff professed
to be in sympathy with the movement of
| the people. A business man. however, can
| readily understand that q merchant may
have sympathy, and yet be entitled to pay
| for his powder. Passing the cunning logic
which seeks to beli,tle citizens sympathy
the nom u. he sends in his powder bill, the
| reader comes at once to the climax of the
| answer, which is found in the following sin
gle sentence:
Respondent further answers that the pow
| der so purchased for the State of Louisiana
was made into cartridges by her fair daugh.
! ters, whose husbands, sons and brothers
| were in the field, and were surrendered with
| the liberties Of Louisiana, on the sixteenth
| Of September, 1874. to the commander of the
| federal forces in New Orleans; and respond
ent says he has good reason 20 believe that
the said car .ridges were delivered with the
| said liberties Of the people of Louisiana. by
| order Of President Grant. into the keeping
of one William P. Kellogg. who will doubt
less restore them to plaintiff. on his making
| respectful petition therefor, and due proof
Of his loyalty to the so-called government
| of the said William ?. Kellogg.
Here it is said. without pause for
| breath. that the powder was purchased for
| the State of Louisiana, and made into cart
| ridges by her fair daughters. Then comes
| the information that something, husbands,
| sons, brothers or cartridges, we're surren-
| dered with the liberties of the people TO the
comma nder of the federal forces in New
| Orleans. The respondent has good reason
| to believe that the cartridges and liberties
| of the people were delivered to Governor
Kellogg by order of the President, and
| there is expressed the belief that Governor
Kellogg will doubtless restore them,''
those cartridges and liberties of the people,
to the plaintiff. Blu. in this hope of restora.
tion held out there ls condition implied
that before plaintiff can get the cartridges
and liberties of the people he must make
''due proof of his loyalty to tie so-called
government of the said William P. Kellogg
All of this goes to show that it is harder
to collect little powder bill IN the shoot
ing city of New Orleans than in any other
place. The communists may take barrel
of -four from grocer, saying it is all right.
When the grocer goes to collect his money
he does not wish to be told that fair hands
have made bread of the flour, and small
boy took the biscuit because big man told
him to. 1t is not business. The respond
ent prays for general relief, and he ought
to; and the astute justice, aided by the
eloquence Of the attorney, will doubtless
settle the case outrising from the uprising
of the people in a manner eatisfact ory to
one party. In the meantime the answer
filed remains as eloquent, funny and OBJ
jectionable as ever; it mixes the cartridges
and the liberties of the people too much.
The great minister of France believed that
States could be saved without swords; we
believe that the liberties Of the people can
he secured without the cartridges of Mr.
Buddecke. If Governor Kellogg has the
liberties of any good people in his hands he
should give them up. II he has the four.
teenth of f.September cartridges he should
keep them.
Speaking of the choice of q place for
holding the next National Republican Con-
vention, the Washington correspondent of
the New York Tribune says of Senator
Morton's preference: According to men,
bers of the committee, he had every car.
petbag vote except that of Marshal Pack
ard, of Louisiana, who was in favor Of Phila-
delphia, because he thought that was q
good place for the third term plant to take
root"
Popularity is expensive, and often bank
rupts the man who gets it. An illustration
is afforded in Indianapolis, where piano
voted to popular man at q church fair