The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1868-05-27
An Independent Judge.
( From the New Orleans Bee. |

From the New Orleans bee.
The Commander of the Third Military
District Major General Meade-who was
represented when he was appointed to that
command, to be man of the most liberal
views and soldier holding the Constitu-
ton of the United States and the civil laws
enacted ia pursuance thereof, to be superb
or to all arbitrary military orders, has
proved himself to be the most intolernnt of
all the Commanders who have been placed
in autocratic power over the Southern
States. It is doubtful if his predecessor
General Pope-woud have attempted to
rule in the despotic spirit which has char
acterized the administration Of General
Meade. Certainly ourformer Commander
General Sheridaa--nevrr weD4 to the
same length in interfering with the Judici-
ary, as Gen. Meade. And that is a spe-
eies of interference which can be less toler-
ated than any other. So long as We are
permitted to have upright Judges-Jndges
who respect the sanctity of their order and
will not consent to it's degradation, we may
submit to great many other acts Of pre-
sumption on the part Of our military rulers.
The latest act Of tyranny Of which Cen
eral Meade is chargeable, is the removal Of
Judge Clarke Of the Patula Circuit Court
in Georgia, because that high minded and
Independent officer would not consent to
act otherwise than according to his oath Of
Office, which bound hin. to support above
every other law the Constitution Of the
United States.
Judge Clarke holds 1t to be important
that the administration of law by judicial
officers should be Stree and uncorrupted,"
and that the people should be satisfied it is
thus s'free." BE holds his oath also to be
obligatory upon him and paramount to any
orders Of Major General Meade, but that
officer requiring him to regard his lMeade's
orders as the guide Of his conduct in pre-.
ference to the Constitution, he has had the
manliuess to adjourn his court until such
time as a free. useful and honorable dis
charge of his duties can be effected. Gen
eral Meade theTeiipon removed him from
Office on that account, as will be seen from
the suhjoined correspondence:
CUTHBERr, Ga, March Is, 1868.
Major General Meade Cdmmdnding
Third Military DIT. Atlanta Ga.;
S1R-Sometime since it was reported in
the public prints, that, in answer to some
inquiry in regard to the application Of your
General Order No. II you replied that the
Relief Ordinance enforced by that order,
was subject to the construction Of the Ju.
dietary like all other State laws. BY q
subsequent order (No. 81 you have de-
clared in present force all those provisions
Of the proposed Constitution, on the sub
iect Of debtors Homestead and Relief from
debts accruing prior to June l, 1865.
Permit me to inquire whether those pro-
visions also are submitted to the Courts,
subject to that untrammelled freedom in
their construction, which has heretofore
been the prerogative and duty Of the sworn
Judiciary as to all pretended laws, and, in
the exercise of which the Constitution of
the UQited States has ever been held to be
supreme.
1t is the more needful that we should
learn your views of this matter since you
have, by still later order perhaps No..
42) announced that any civil officer who
"shall fail, or refuse" to obey any Of your
orders sin regard to his official duties,"
shall be subject to trial before Military
Commission, and "on conviction, fined or
imprisoned, or both"
That there may be no room for future
misunderstanding, and especially as by my
official oath, am bound to support above
all the Constitution Of the United States,
! beg to be informed explicitly whether ]
am, as Judge Of the Superior Court, to de-
eide what may conscientiously belize to
be the law, or whether your orders are to
be understood as requiring ME, under
threat of fine and imprisonment at the
hands Of Military Commission, in spite
sof any conviction which may have to the
contrary, to declare as law whatever you
may have emitted in military. order, An
immediate reply will oblige, sir, your ODE
dent servant, JOIN I. CLARKE,
Judge Patalula Circuit.
The only reply to the foregoing was a
copy Of Order No. 81, sent without COM
ment.
AT CHAMBERS,
Cuthbert, Randolph County, Ca,
April 9th 1868.
Whereas. tn order to the proper admin