St. Landry democrat., 1878-04-13

rent II this defendant had not been a
member of the Returning Board and
had published the altered returns, being
only private person, that no one would
have thought of prosecuting him for
that act7 1t was because what he did
was done in u recognized official capa-
city that the fame and the infamy of it
filed mems mouths, and it WAS for that
cause the criminal prosecution was ulti-
matrly instituted. Everywhere, in the
market place and at the firesitle, in the
press and in the forum, at the council
board and in the legislative hall, the
official act is the thing complained of
and denounced. The theory of the
Information, ia that the act WAS done in
an official capacity and therefore de-
frauded. The argument of counsel,
the charge nf the judge, the bills of *
ccption to that charge. and to his rulings
in the course nf the trial, are all based
on that assumptiOn,5 1t in that feature
that has impaired to this prosecution
the iuterest and invested it with the
character of State trial-which gave
to the events that then trtnsl'lrtd, aud
to the criminal acts which are part OF
them, Il national Importance, aud that
feature, conspicuous everywhere. else,
is absent alone from the information.
We have been thus careful to rest our
decision upon only those prlncipifs OF
law of the sOuudness ot which there
can he no serious question hy candid.
disinterestrd and Enlightened iurists
everywhere. There remains now tor
notice, the concluding sentences OF the
Attorney Generals appeal to us to re-
verse our ruling.
Like him, we are conscious OF having
been lust to the accused, and just to the
State.5 With him we feel the necessity
that our dtcision shall contain no asser-
= tiou of principle which cannot be suc-
cessfully defended. and Wa believe We
have now placed that decision upon ii
basis so unapptalable that the right.
fulupss of our Judgment shall commend
it to the candid jurist in every land.
, If this court had yielded to the I'M
passioned and justihahle Zeal of the
prosecuting officer, or had been swayed
hy the feeling, natnlal and spontaneous
4rnoug all good men, of dttrstation of
= great crime against free government
and the rights of the people, and by
reason thereof had permitted its Judg--
ynent to be clOude1 by passion or warped
Dy love of applause or tn be lnf1uehte eh
hy any consideration other than It's
duty with setiulOns care to ascertain tilc
law and with firm purpose to apply, IT.
it wouId I've unworthy "f the high place
it holds in the government OF the State:
It wouid- argue II ,leporable state OF
pHs1tic morals if it could he confidently
assumed beforehand in u case such aS
this what the decision Of conrt would
be from the known political affiliations
or antipatIliesof it's members. 1t would
be public calamity, the extent of WHICH
could not he measured, If Il court should
prevent the escape Of au accused person
BY torturing the well settle principles
OF law. applied through long yeals. to
criminal prosecutions with unvafying
uniformity, and bend them to the ac-
complislment of partisan desires.
Rather let it be known of all men that
81 court can consider neither expettiency
nor policy that it cannot4 shape lts
Judgment either to realize the hopes OF
friends or to quiet the fears of foes ;
and that Judges may abhora a ma|efact"i
and yet refuse to condemn him contrary
to the law.
It il therefore ordered that a rehear-
ing is refused, and that our Judgment in
this case remain untisturbed.