The Republican journal. [volume] (Belfast, Me.) 1829-current, 1877-05-24
One Of the Devices in Louisiana

Whether all the frauds that We're done
abused term '.loyalty" will ever cone to
the surface or not cannot even be guessed
for their name is legion. But they are
cropping out in numbers and frequency
sufficient to show what devices of the devil
they We're. Our readers will remember
that last year several thousand Demo
Gratis We're arrested in New Orleans for
false registration. The only ground for
that arbitrary proceeding was found in
the fact that the persons arrested had not
taken from the post office certain sewing
machine circulars addressed to them,
wherefore it was assumed that they We're
not citizens of New Orleans! Ordinarily
it may be looked upon as evidence not
only of a mans good sense, but of his ac-
quaintance with city life, and therefore
of residence, that he refuses such nui-
sances as sewing machine and life nsur-
ance circulars But with the engineers
OF the radical machine in Louisiana, this
knowledge was direct evidence of a mans
crimnality!
The sewing machine was effective atits
first introduction as an agent into the pol
itics of the country. The fancy stitching
availed to deprive several thousand Dem
ocrats Of the opportunity to vote for Mr..
Tilden. The political portion of the fraud
succeeded. The pecuniary half thereof
failed. In the United States Circuit
Court week before last, a little bill of
costs made by the Commissioner in the
arrests Of the anti sewing machine Dem
ocrats was presented. 1t amounted to
the snug sum of sl4,O0U, and was disal-
lowed very summarily.
Two questions were passed upon by the
court in considering the legality of the
claim. |. That the warrants were issued
by the commissioner, but not signed by
him, he having used Il stamp on which
was engraved Il fac simile Of his sigma
ture. ,. That the warrants were issued
by the commissioner without his first HAY
ing considered whether there was prob
able cause for the proceeding. Upon the
first ground the warrants were held void.
AS to the record of the court, Billings, }. ,
said
War IN Y,t III
cause, supported by an oath. Probable cause and
the oath are not matters which can be dealt with
by machinery. \ on can not put an oath into one
end of a machine and let it come ont a warrant
as the pulp passes into paper in the paper factory.
When the constitution of the United States sol
emnly says there must be probable cause support
ed By oath or affirmation. before the law shall lay
It's hands upon Il citizen. it means that the oath or
affirmation shall present the to the full and
candid investigation of the magistrate. and the
warrant must not issue without it, My view Of it
is that the committing magistrate should swear
the atant and weigh the facts deposcd to. both
with reference to the circumstances Of the accusrr
and the accused; and then, when upon the atilda-
vii he is, after a judicial examination. satisfied
that there is probable cause, and not before, he is
sue his warrant Now, upon the facts which
have stated, less than one minute being allowed
to the consideration Of each case il is idle to
tend that there was any obedience or Difference to
this article Of the constitution, which lays its
power upon the court and the conmissioncralike
There is no inherited prnciplc-no constitutional
provison-not even that which declares the sane
tlty of the writ OF habeas corpus. which gathers
within Its terms or associations more of the lnest
mabe results of the centuries of struggle. or in
which resides greater security for the personal lib
erty of the citizens than this article which the
commissioner dsregarled | feel that it is the
duty OF the court to sustain the commissioners in
all proper efforts to enforce the law. but they must
act legally and consitutionally. Proper arrests
should be cnconraged indiscrimil;lte arrests in
nnconsldcred cases should be reprobated. 1t
seems to me that upon any other view of the case
commissioner might revolutionze government