New-York tribune., 1867-06-14
SHERIDAN'S REMOVALS.
PROTEST AND MEMORIAL OF JUDGE ABELi..

WASHINGTON, June l3.-The following is the ror-
respondence of Judge Abel of the First District
Court OF Louisiana with the President, in relation to
his removal by Gen. Sheridan
NEw-ORLeASs, June 3, 1861
ANDREW JOHNSON, President Of the United Stdtes:
The unwavering attachment OF myself and the people
Of tho State OF Louisiana you and the broad national
principles widely conceived and firmly pursued by
y0u trust will he sufficient apology for the earnest man
ner press the correction OF what appears to me an error
involving Individual injustice, humility TO the State, and
a violation of the laws of the country.
On the 2Gth OF May forwarded to You memorial, In
which it is made to appear that Gen. shcrans action in
my attempted removal was Illegal unjust and nnneces
sary. II I only affected by General Order No. 8,
which purports to from high judicial Office
by subaern military officer IL appears TO that the
Commander-n Chef will not withhold summary redress.
Assuming the order does the TO remove Judges
ana other State officers without cause leaves two great
States at the mercy of single person, and virtually de-
prives OF my ordinary redress in the Courts Of the
State IL strikes down the independence OF the ju
dietary.
l anu plain old man, and win venture to say that II
the laws permitted to be trampled upoD all the OF
ces under preext another will fall into the hands
OF extreme men; they win want no new CONSTITUTIONS
the people viii have power to make none, or permitted
IL will be rejected the object OF the act OF Congress de-
feated and the people tanalzed Unconstitutional un
just, and oppressive as believe the law TO be, is
forced U.S. and all accept and forward II, that We
may have sort OF State and resresenta
ton in Congress- and feel that entitled to have the
law executed according to Its words and ntendmen SO
far from impeding the action OF the commander,
] All firmly of the mind that. II the State officers
and people left free to set, they would
present Constitution OF the State in accordance with
the act OF Congress In less than five months from tins
Of the state who is made by law the principle officer
OF the First District Court allow me TO say
he is a man Of great merit. and dearly beloved
by the people, and has been 10 my knowledge, with
myself zeaously engaged In forwarding tho Act OF Con
ess OF March 1881. As Union man and faithful pub
he the record must speak for All my public
and In the Frst District Court All my decisions, and
charges to the Grand Jury, read from manuscript
appear. @ Illegal Or iproper t eoDd be easily shown
With the exception of Gen. Sheridan and few OF the
do not hesitate 10 say that all my o
cs fully approved by the people of the state OF
all parties have not had the pleasure OF seeing Gen
detop. have no prejudice to Indulge, but respectuy
contend that he has no right to use the power OF Govern
ment 10 and oppress any one without clear law
and no necessity could Justify 1t IN times OF peace.
and Mr. Thos J. Dursnt appointed in his stead The
appears TO be man In whom no party has conn
a" stated by Gem % shedan Why not let his constitutional
successor, the Hon. A. Voorhies, Lieut. Gov, against
the fuDctions OF Governor OF the State fear these
things Will end In an overthrow OF RepuDlcan lhstl
meDts intact until altered modified, superseded by
tho United states as provided in section OF the
act Of Congress Of the I'd March. 1867.
forward with this supplement duplicate OF my
memorial the Attorney General Of the United States
which inspect In case the original has iaed u
In fencving my prayer contained in my original
memorial for restoration 10 my judicial functions re-
main yours respectfully EDMUND AbLLL'
The memorial then follows, repeating Sherldans
orders and quoting letters of Judge Abel TO the Cen
cral of May Is 1867. and Aug. 80 In the first letter
he thus examines the power of removal:
And protesting, respectfully state that The power
Of removal prescribed in the act OF Congress to any
one but expressly reserved to the United states mean
ing Congress- skillfuy and cautiously drafted
and is strictly confined 20 object therein expressed
Under It's provisions the President Of the United states
the several commanders Of Districts and subordinate of
GERS much bound by Its provisions "a the humoest
individual The first section declares THAT the said
Rebel states shall be divided military districts. and
made subject TO the military Of the United States, as
hereinafter prescribed"
This act must be strictly construed aud Congress in
tended in using IN the section the words subject 20
military authority OF the United States hereinafter
prescribed" with the exception OF the details OF regis
atlon elections etc. which differ but little fron sthte
laws on the subject the powers and duties OF ds
trict commanders contained IN the third section
This section authorizes the creation OF mnlaiy COM
missions tribunals for the purpose, wheh ueeueu
nrs Jnsurrecoms disorder etc aud any Interference
Of state authority by myself or others wona Pe nun nun
AM nothing
appointment 20 civil offices IS not given TO the oom
mandfng General by word or implication. II any amDl
guity appears ~ 'nv " iat % nnt tbe nconle OF
said Rebel states shall be by law admitted 70 Representa-
erIment which may exist therein shall be deemed pro
ysons only and IN all respects subject 70 the param9un'
authority OF the United states at any time TO abolish
modify control. supersede the same. meaning Con-
gress. and not the military commander ,,,
The power claimed In your order woud nol ony easpe
you 10 modify control and superrede the present Gov
ernmen but would enable You TO create one o your OWL
hen r"nten,piaed by Congress IL would destroy the
Independence OF the judiciary and be TO your
movable al pleasure such courts seems TO me, are IN
with The esry OF safety & oi s eat AND
this state All my official acts are on record IN the ae
bates Of the OF lsS. anu ID tne ssn Ha
fully accept and recommend the Act OF Congress ana
have at all times used my personal influence 10 nv h
unfortunate Of the sOth OF July last iespes,
OF August last which fully shows how earnestly desired
10 prevent that faal. meeting lrespecuuiy make the
letter part VI this protest II reads:
NEw-ORIEASs. August 20, 1863
0en = H. sHERIDAS-Sir. Net having had any official
or ,her intercourse with you and having seen you
TO INV knowledge was surprised TO find the following
word. contained IN telegram from you TO the Presueht
OF the United states:
Judse Abell whose course have closely watched for
nearly year. consider one OF the most dangerous
men that We have TO tho peace and quiet OF the cy
Not having seen YOU In the Court over which have
the honor OF presiding elsewhere. am not prepared
70 believe that you incog, watehnS my lootsteps
and habits for II YOU had been you could not nave nane
sncb An assertion my habits am temperate ana regu
lar. I'm my words kind; in my judicial station hnVw
nanoht bat fidelity 10 the State ana humanity, 70 lhe
unfortunate whatever age or color bronSht peIoie
me. ~ -. a. .h. oo,ol,sian that !
YOU have watched at all it is through ths record
IN my decisions and charges 10 the grsha Jis' ~ ~
~ which have been correctly published IN M tne
Journals OF the country l am OF tho inind that you
J Gnd few people OF the state to agree with YOU ia
the estimation OF character on must sGw or un
a. .semhnR Of the woudbe Convention. ON the SOtn OF
,, month the civil courts OF che State have Iata.us
the law, and as eneetuaiy pfssel'e9 o W,