The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1876-12-15

Let our friends ct both parties read
The following and think how il will be
DO The days of the first American I'm.
lpcror:
1Hl TND 90 4 CAUSE CrLFBRF.
\ IIr.tI fl. ,0H.t su.iu1I. NuruI-
! tncra-" oi HAYES ". Him. I-lvsses
L. appiculon fora writ quo warranto.
came up ia the Imperial Court Yesterday
Iior decision. The Hon. Wm. Cook. Al
liorneH- eH-hcncral. appeared for the Crown.
and Gen. J.. /. Moves for the applicant.
IA iuli bench was present, Chicf-.Ju,tice
+ Davenport hcing supported by .Iustices
ian. N'"ughton, Bond. Durcll. Williams
aud Corbiu
lhe opinion Of The Court was dcliv-
eIed by The 'hlci-Iu-tice, who said:
The applicant claims that al an election
Tor President Iu the i'uitcd STATES of
America, h,id ou coz about the 7th of No
veneer !-'s. Doe aud one samuel Jones
Hidden Wclc concurrent candidates. the
former being declared elected by III.
>euHir aud tfe latter by the llou,, thar
~. J. VI ihc Empcior lhrYeupou entered
inl" p".-c~,Iuu ct The Government.
which hc -iiil holds: therefore Tho an
rIl-tui sues lura Writquo warrnnto. &C.
The learned cpur.ri for the Crown con-
ZEN" iH"l thr tppIr9n, was not elected
legally hu lmuueh frauds. thar tLe
person elected. iiidru. !. nov "A convict
on tlic Dn loriuga. nud civilIy and no
liticaliy dead. aud jlat hr constitutional
provi~i"u- oi tie former republic do not
now exist.
~ thr outset, we should saw that il
ls only through lh" courtesy of His Mai
"~lt ihlt 'hc prcSct ,uit receives A
hraIin-. u D, revolutionary in il, char
'clrr. 'nd. 30 lhr application were sue
'rs'iui, would pIWtgc Tie naples, coun-
il htp tIe anarchy whence IN -, re-
'1'niiA emerged to stability aud peacc.
I."rumiry Ills VI Mic,u Knows that he
900 tvil upon Tie supreme Bench. " hicb
n every period uf American history
'i> stood ihc buivar> between in tact.
lclNccm a. apprar, 10 H. that in j.
loUoilul io ~! The least. whether the
olsiliuton. The instrument under
" men the applicant prays relief wa, m
'Ni>lcncc M November. 1876. Ii is NOT
louhtlui that itS plaineSt provision, had
,ecn ignored for many months. and i'm
he Interest of the applicant. Mr..
Justice Fans lucid opinions are conclu-
ave That none of the provisions of the ,
onSutuuon were then taken 10 mean ,
What on their face they implied. The ,
ppIicant having consented 10 the abro-
.ation oi the Constitution for his profit.
hnnot now revive IT. The Court is ,
unanimous in believing that this ex. }
ludcs the applicant from The relierpray-
d for. MIR. Justice Stroughion poes
ven further, holding that there never .
'aN any Constitution. or. that if there I
vas, II was mere clerical error. This. :.
oWeNcr, l. not material.
y second point was raised by the c
puhNel TOE the Crown, To which il NAV
wei TO revert. viz: that even if the =
rat were granted II would be inopcr-
Ii'c. The Emperor" he said. els
mperor aud what are you going to do :
'out II This argument is a forcible
ne, Inter arma silent leges, as was
ell observed by Ncspaslan. II was
'hclusivcly shown i'm the south Caro- .,
l'a case, hat the Federal powers could -
'h'roi the state Courts; how much -
ore therefore its own courts? :,
\ ihird point may also be rehearsed -
Ic applicant il dead.
or these sufficient reasons the CourtI -
unit for refusing the writ. The n
ISIS viii bc borne bv tho spplicon,'s :,
Hcle Orchard estate. :,