The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1879-04-02
ALEXANDRIA, La, WEDNESDAY, APRIL 2, 1879.
JURY TRIAL IN SOUTHERN FEDE-
RAIL COURTS.

expected to come out of the extra
session of Congress now impending,
and that is fuller and more exact
popular acquaintance with the repre-
sentative and federal system of gov
eminent established by the Constitu-
ton of these United States. The is,
sues which are to be met during the
coming month-and they must be
met fearlessly and thoronghly-go
down to the bedrock upon which
our civil and political liberties rest.
They concern trial by jury, the use
of the army in popular elections, and
the liberty Of the voters in each
State to choose such Representatives
In Congress as a majority Of those
voters may see fit to choose, unawed
by judicial Or executive power. Du-
ring the discussion Of these issues
the people of the Northern States Of
both political parties will be con
fronted with facts respecting the ad
ministration Of justice in the South
ern States since 1866, Of the exist
ence of which the vast majority Of
them have had no suspicion what
ever Laws enacted during the civil
war, which may or may not have
been necessary to the conduct of the
civil war, but which beyond all per-
adventure ought to have been repeal.
ed when the civil war ended, have
been left to linger upon the statute
book and to obstruct the course Of
justice without the knowledge even
ofthe most intelligent and observant
of Northern citizens. The sort Of
judicial despotism which under these
laws has been maintained in many
Southern States during the last SIX
or eight years needs only to be ade-
quately exposed to startle even the
most stalwart of Eastern Republicans
into indignation and alarm. Nobody
can be surprised at the reluctance of
Northern Republicans to believe
this. The Supreme Court at Wash
ington has been as a rule so firm and
true in unfolding the guarantees of
individual liberty that much posi-
tive evidence is needed to make can.
did people admit the scandalous in
fidelity of other Federal judges to
those guarantees, But the evidence
will be forthcoming. The phenome-
non itself can be easily explained.
Down to 1859 the justices Of the
Supreme Court themselves held the
circuit courts in tue different States.
But in that year nine new circuit
judgeships were created by law.
The incumbents of these nine seats
were all selected by President Grant.
The persons appointed by him for
the Fourth, Fifth and Sixth circuits.
which embraced the Southern States,
were especially selected from among
Republican lawyers known to be in
sympathy with the partisan theories.
of "the stalwarts'' of that day.
Among these were Bond Of Mary
land. appointed in the Fourth Cir.
cult; Woods of Alabama, appointed
in the Fifth, and Baxter Of Teanes-
see, appointed in the Sixth Circuit.
These three hold most of the cfimi-.
nalterms of the United States courts.
in the States which upheld the Con-
federacy ofls6l. Strangely enough, :
too. it was not until the enactment
ofsa law to that effect at the last
session of Congress that any easily
available mode Of appeal ] existed
from the rulings or decisions in
criminal cases of either Of these judi
,ges. AS a conseq uence, accused
persons in these circuits were practi-
cally left at the mercy Of judges
fresh from the heat Of partisan war
fare, while the spirit Of the delibera-
lions Of the Supreme Court at Wash
ington was long tempered by the
presence there Of some justices
whose commissions antedatel the
civil war, and of others who were
under no obligations to the Admin
tistration of Grant. It may astonish
honest 9 Northern Republicans to
learn that until within few weeks
no continuance existed or could be
devised by the help Of Which an aps
peal could be taken from decision
OF one Of the judges we have named
sitting alone, holding criminal
term and trying a man either for
his liberty or for his life. This
surely may be called judicial despot-
ism in matters of law. But beyond
this it has been in the power Of the
clerk of the court. apnointed nv the