LC 24 Jul 1877-3

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LC 24 Jul 1877-3 - ic in tne case of the Selzare af tbe Alert,...
ic in tne case of the Selzare af tbe Alert, bronght before Judge Chamberlain, the loJowing decree of the court will serve as a fair sample of how the people are crushed and how an honest United Slates officer revolts against it : I The evidence in this case discloses the following facts : On the morning of the 12th day of July, 1877. the Bteam tag Alert, in charge of the accused, Win. Home, was . descending the Calcasieu River, having in tow a raft of logs. When near Gooseport, in the parish of. Calcasieu, the depnty marshal, John J. Gainey, according to his own testimony, without knowing whose logs the Alert had in tow, and without stopping to inquire, inquire, went on board the tag, and attempted attempted to take forcible possession of her. Indeed, accompanied bv his nriza crew, he proceeds to assign his men to their respective stations. He is met by the captain, who demands his authority for his proceedings, as he, the captain, had an undoubted right to do. Instead of complying with this very reasonable request, the marshal violently assaults, and. with a drawn weapon, jerks and poshes the accused, in a manner which looks to me as though intended to pro- pro- uo a uuuixicb ; me witness uamey himself stating that he told the accused lie would make him resist, or give up tbe boat. i Article 4 of the amendments of 1791 to the constitution of the United States; (mar an tee s to the citizen immunity from unwarrantable searches and seizures, seizures, and declares, in the most emphatio language that these rights of the people shall not be violated. . I In refusing to amend his affidavit, and say what process the marshal was in the act of executing at the time of meeting with tbe alleged resistance, the depnty marshal and the counsel for the Government Government closed the door to the introduction of any proof going to show that the marshal was in the act of serving any process whatever: a fatal defeot. for, without process, a marshal is but a private private citizen. It is hta process of court which gives sanctity to nis person. In resisting this illegal and unwarrantable unwarrantable seizure of his boat the prisoner in this instance was bat discharging the duty imposed upon aim by his obligation to his employers : and I canaot but commend commend in the warmest terms the moderation, moderation, dignity and maniinena of his conduct conduct as tomDued with the violent and ruffianly proceeding on the part of the marshal. I cannot conceive now his su periors will be able to jaatifythe marshal's marshal's conduct when called upon torfko-connt torfko-connt torfko-connt therefor in a tribunal renowned alike for its love of justice and its knowledge of the law. For these and kindred reasons let the prisoner be discharged. discharged. - i Forwent of space we must defer till next week comment on some startling facts, developed under oath, on the examination examination of this case. An idea of the position of the Times may be gleamed from the following letter, letter, published in the Lake Charles Echo, of the 19th insfc, by - Om f tka Appraisers To tbe Editor of the New Orleans Times : With every dsaire to perform the du ties entrostea to me as cue of the ap ,

Clipped from
  1. The Times-Picayune,
  2. 24 Jul 1877, Tue,
  3. Page 4

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