New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-08-06
WHO ARE THE REBELS :

u
ers Of the law, the Constitution ana the gov
eminent, and who were, in fact their covert
or open assailants
Il has already been demonstrated beyond
question that the constitutional convention as
legally organized body had long since
ceased to exist. The courts Of the State had
SO pronounced, and had instructed the grand
jury of the fact These courts were recognized
by the United States authorities. They were
part of the judiciary Of the land. Their
DEGREES We're binding upon all citizens until
properly reversed. They were especially bind
ing upon all officials and military. It
was the duty of the mayor to prevent any un-
lawful assemblage which might disturb the
public tranquility. Especially was it his duty
to prevent by all legal means the usurpation
of authority in opposition to the government
which was recognized at Washington. To ne
glect this duty would have been to lend himself
to the eonspirators, and indirectly to aid their
attempt to overthrow the government 1t was
plainly the duty of the military authorities to
support any legal means he might employ to
this end The instructions of the President
LII bll6 9tSluIbSS dNGp1NA VIII pAiA9 f4Ohs l. u
the military authorities to fail in rendering
proper aid to prevent the overthrow Of the
government, is for them to give aid to the con-
spiracy which plotted its suhyersion. But an
unsuccessful attempt BY citizens or subjects,
to overthrow an established government, is
usually styled g instruction, or rebellion"
and it is those who, either directly Or IN
directly, Join in this attempt that are justly
liable to be styled rebels OF insuuectionists.
In the recent disturbances III New Orleans,
who upheld the existing constituted govern
ment? and who defed its authority and
sought to subvert it
On the 25th July the mayor notified the de-
partrnent commander of the proposed meet
ing, on the Both ult, Of "a body Of men
claiming to be members of the convention of
1864, and whose avowed object is to subvert
the municipal and State governments.
viii esteem it a favor, general, if at
your earliest convenience, you viii inform me
whether this projected meeting has your APP
probation, so that may act accordingly.
On the following day, General Baird replied
rtl1tt lLLe hSSGLlDIdG W h4+4G12 yNu IS1S4 44ftS
not, so far as am aware, the sanction or ap-
probation of any military authority for its
meetings." If the response of the depart
ment commander had been limited to this
plain statement the reply would have been
explicit, it would have been definite and
to the point But after answering the in
quiry Of the mayor, General Baird i'm
mediately undertakes to defend the objects of
the convention. After having been informed
by the mayor that the ''avowed object Of the
convention was ''to subvert the municipal and
State governments" the department com
mander says ''If these persons assemble, as
you say is intended, it will be, presume in
loyal citizens of the United States, to meet
peaceably and discuss freely, questions con-
corning their civil governments right which
is not restricted by the fact that the movement
proposed might terminate in change of exist
ing institutions. If the assemblage in ques-
ton has the legal right to remodel the State
government, itshould be protected In SO doing /
if it has not, then its labors must be looked
upon simply as harmless pleasantly, to which
no one ought to object
These are novel views The question at
issue was simply the subversion of govern
ment by a small band of usurpers. Their pre-
tensions had been denounced by the proper |
Judicial tribunals. Their converting for the
purpose declared, had been proclaimed a VIC
lation Of law. In infammatory harangues the
negroes had been invited to arm and organize |
in aid Of the scheme and to win by force of
arms the overthrow of the established gov
eminent. Insurrection had, in fact been organ
lied. But virtually says the learned depart
nent commander, if this proceeding is legal
the parties should be protected in their acts
but if they have not the legal right to subYert
existing civil institutions mo one ought to
object, for the matter must be looked upon
simply as a harmless pleasantly" A very
great joke doubtless, but of rather practical
kind
We know not to what code Of laws the de-
oartment commander is indebted for enabling
lim to render this lucid opinion 1t can
hardly be from the code martial, for though it /
5 said that this code, like military necessity,
knows. no law, yeti is apt to take cogni-
ance of everything that is going on, and re-
erves to itself the exclusive right of perpe-
rating "harmless pleasantries.
In one part Of his letter Gen, Baird says
q has carefully RETAINED from any express
On Of opinion upon either side of the many
uestions relating to the reconstruction Of
he State government" We cannot but think
hat his first disregard of so wholesome a rule
Establishes the wisdom of his former reticence.
/ is certainly better to earn some reputation
on wisdom by entertaining wilful still
less, than for so eminent an official, and so
soldier to leave unnecessarily
he sphere Of his proper duties, and lecture
ivil officers on questions Of which he knows
10 little The courts had pronounced the pur
ooses of the eonspirators to be illegal. II
vas the duty of the mayor, of the police and
# the citizens to protect the established gov
9rnment. It was true tloyalty@ to do So 1t
was eminently ''disloyal" to attempt to sub
vert that government If Gen. Baird had
right to declare martial law when the
insareetion had been suppressed, and
when the city had been restored to quiet, he
had q right to declare it when the instruction