The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-08-10
THE TIMES INsoLENT BosH.

The Times OF yesterday morning makes
two savage bites at the DEMOCRAT. By show
ing the tendency of It's teachings to advance
the policy and ends of the Republican party,
we have clearly proved 1t to be the coadiutor
OF Sherman, Blaine, Foster Il Co., and the
pious missionary whose purpose 1t ID to or
ganize In Louisiana the cause Of National Re
puDlicanlsm. Our amiable contemporary, In
Two driveing editorials full of bad temper
and vulgar abuse. charaeterizes our arraign-
ment and exposure Of 1t as lmpertlnence in
science, misrepresentation and other hard
names. However, We are not seriously ruff
He'd or late, SANDER vituperation and black
guardism have been the every day weapons
OF the Times, and the reputable portion of the
community have come to regard its furious
TRADES and lnendacious sensationalism with
the contempt they merit. We dismiss with
out further remark the vulgar splutter Of our
contemporary.
But we are not yet through with 1t In some
other respects. The Times Is endeavoring to
defeat the ratification Of the debt ordinance,
and maintains that the public creditors are
entitled to per cent interest on the face Of
their bonds, and that the State must levy, to
provided for by the act of 1874 The theory
OF our astute contemporary Is, that, If the
debt ordinance be defeated, the bondholders
may sue the State In the Federal courts and
compel, by judicial process, the full payment
of their claims. That able ournal does not
tell us why, Ii the hondholders are not salts
fled with the settlement rendered them BY the
Convention, they will not have pre-
cisely the same right OF redress
through the courts whether the
ordinance be rejected or ratified by the peo-
pie. 1t simply howls for the rejection of the
ordinance, and urges the dissatisfied credit
ors to go into the courts and throttle the
State. This see2is to be nonsense. But there
is method in 1t. The Times understands as
we'll as we do that the ratification or rejection
of the ordinance will In no measure affect any
right the public creditor may have to appeal
to the courts. But opposition to the ordinance
may form ground on which to rally an op
position to the Democratic party; and the
dearest object Of the Times Is to instigate
revolt In the Democratic ranks 80 that a re-
| spectacle nucleus may be formed on which
| the scattered bands OF mongrel Radicals may
reform their ranks. This is the only reason
| that can inspire the nonsense OF the Times,
and 1t Is in perfect accord with its ceaseless
twaddle about independence In politics., the
party whip and machine politics. The Times
| may writhe and squirm under these eX-
| posures, but 1t cannot answer them save by
that billingsgate With daily fills Its columns.
| And now, having exposed the strategy Of
| the Times, let us examine Its arguments and
teachings and see If they are not Republican
| in every sense Of the word; IL they are not in
line with the principles OF the men who are
making war upon the States and whose pur-
pose 1t Is to concentrate all power In the Fed
eral government.
In this discussion the DEMOCRAT has con-
sstently held that under the constitution of
the United States the State possesses sover-
egn power over her debt controlled only by
that high sense Of honor and justice which Is
one 81 the highest attributes OF sovereignty
and which cannot be ignored without bring
Ing upon her shame, disgrace, and even war
10 this the Times replies, in substance, that
the DEMOCRAT maintains that State can re-
pudiate her debt with perfect IMMUNITY, and
that it had misguided Daniel Webster and
Chief Justice Marshall to sustain this position.
Continuing, our contemporary af1irms that 1t
has refuted our propositions and shown that
the XII Amendment does not prohibit or
prevent the Federal courts from enforcing
contracts against a State On these grounds,
the Times reiterates it's proposition that hold
ers Of Louisiana eonsols can will and should 60
into the Federal courts, sue the State, obtain
Judgment and enforce their claims for twelve
millions Of debt with seven per cant interest
This IS substantially the proposition and the
argument Of the Times. Let us examine It,
The eleventh amendment, which the Times SO
arrogantly declares does not prevent the Fed
eral court from enforcing contracts against
State. reads as follows.
The iudieia power of the United States shall
not be construed to extend to any suit In law or
equity commenced or prosecuted against one
OF the United States by citizens of another
State, or by citizens or subjects Of any foreign
State.
The history of this amendment Is thus
given by Chief Justice Marshall:
II Is part Of our history that. at the adoption
IND bted, and the appreht neion tha' these debts
might be prosecuted in the Federal ritz
formed ? very serious oblecti "a to that ms ru
ment. Suits we're instituted, and the court
maintained It's jurisdiction The alarm was
general. and to. quiet the appreahensions that
ment was proposed in Congress and edopted
by the State Legislatures.
The language of the constitution could not
be palmer, nor could that of the iIlustrious
jurist whom we havequoted, and who declares
that the XII Amendment was framed and
adopted for the express purpose Of preventing
precisely such proceedings against State as
those with which the bondhoIders and their
organ, the Times, are threatening this com
monwealth. The language Of Mr.. Webster
on this point we have quoted twice before and
will quote it again. The true theory Of the
constitution, as laid down by our most Illus
trious jurist, and by a statesman who is re-
membered and will be known in history as
"the great expounder of the constitution