The People's vindicator. [volume] (Natchitoches, La.) 1874-1883, 1878-03-09
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fol "" j.. - ri ,ti;.,.;A'E h"iitr "i
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that liiu>;,i..r~ '',',, 49,. T." II" j. ,
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Of I.,Hi>i,., ia - So, S:'' j. IT, =
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n,'trr Ia,. Seen Mr. |ia|r, 81 Maine,
arn>, TO " ,,.>rl,il explanation. r'lA.
ti\r1o Nh.' |nl |"rn said ny ,'.r
Hon. Randall ';;i,>"n, ii d;E "r 'A":
before. about tie rI">,rutirn Of Wells
and Anderson, Lc ion'; tie \,">!|I'n
THAT Me p!""r@'"> ny 'i:i''m'',""
Wa, illegal and could not il" >N-' '!n-
cd. That the HravrNr>s "lth" charge
in ;hr Information against them was
that they had altered, CHANGED. ANA
published as true IL" result of l~IH
in the Parish eff \r'noi'. Tie in,I-
mated, it he did TO! say, TIE E't"'''-
iru Board had 10 motive for mA':lN"
| th. change transferring ~ votes
from the Democratic TO the RrrubIt'
can ticket. IIr u,~rA farther that
proceeding by information WAS Illegal
and violating the 9TH article OF the
constitution ri the nitrl States,
and the fourteenth amendment there
to. We observe liz the debate Nh'ch
followed that Judge E|ani, OF l""
i>iaua. took the position that it had
been held by the supreme court OF
the United states, 9Th Peters, pages
:!43-J-5I, and the 2l>t ANIMAL reports
of the State of Louisiana, page 81 -
that the prrIi>i'Yls of the 9th article
Of the constitution IF the United
States, requiring prosecutions Original
ting in the grand jury by Indictment
only applied to prosecutions "riclna.
tine IN the United States courts. and
not state courts. After having been
driven from that position, Hale m"n'
cd that that method Of criminal pro
ccdurc in the state was perhaps H.
conflict with the provisions OF the
foul tccnth amendment Of tho c"n>t'
tuition OF the United StatrS-to Whlrl
Mr.. Elam replied. assuming that th'
fourteenth amendment had rrcsc1t'rt
a new rule for criminal proceeding
in the state, as we'll as in the lnltc(
States court then that the only rem
cdy of the prisoner in the case ahov'
referred to was, hy demurrer to tl'
information, or by motion in Mrr>
of judgement after the verdict ha'
, been brought into court, which
. disal lowed or ovc,rultd. could b
taken to Che supreme count OF tn
4 Tni1cd States Ivy writ of error.
Il follows from these premises, as urge
by Judge Elan, that the congress no
no department of the g"vernmcn
= had any jurisdiction over that qnes
0 ton except the judicial, and there
. fore. the attempt to bring 1t Int
!, the house was not only illegal an
subvcrsive of the ri gifts of the state
y but unfortunate and pcrnicions, ;
o it might have the effect to stir II
strife and sectional a:,imosity Will
y ont at1or,}ing any rt1rctual relief t
3 tho prisoners, as we think he clear
- demonstrated.
5 In fact, the Judge fairly dcmoliS!
Il ed Zach C(,andler>'s son-in-law, an
i fully sustained his high reputation ;
u lawyer, ready dcbater, and
y true representative of not ouIy II
people, but justice and constitution
liberty. The judge has mad" h
mark and it's one that will reflect
the end on IIalc's tough hide.