New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-06-14
new ORLEANS RRPUBLlCAE SUNDAY JUNE a. 1868 s. "A NJ

also extended to cases of the non
action or omission Of the Command
ing General to comply with the pro
visions of the constitution.
Just such a case arose. The con-
stitutiOn provided that the Legislature
should assemble on the third Monday
after the PRONUNCIATION of the result
of the election. The General forbids
them to convene. The Board of Reg
istration created for this very purpose
Of carrying out the provisions of the
constitution in case Of the Generals
refusal to execute them, does its duty
and notifies all civil officers elected to
qualify and the members of the Cen
eral Assembly to convene on the day
prescribed by that instrument. For
this discharge of plain duty, the
duty for which he was appointed by an
authority equal to that of General Blu
chanan, the General arrests Mr.. Pack
ard.
In this General Buchanan has COM
mitted q wrong which renders him
liable to charges and arrest, and which
should cause him to be cashiered.
No single provision of the laws gives
him any authority to decide when or
how the new government shall go into
operation. General Buchanan is a
subordinate representative of the
United States. The members of the
Board Of Registration, of the General
Assembly, and of the new government
are also officers of the United States
as well as of the State, so long as they
are provisional, and the question
whether their meeting is legal and
their acts binding, is question for
Congress alone. The questions Of
whether the Convention transcribed
its powers, or whether the new gov
ernment is provisional, or whether the
Board has authority to convene the
Legislature, are questions just as far
beyond the province of General Blu
ehanan to decide as they appear to be
beyond his depth. He has simply
nothing whatever to do with the
officers of the new government except
to sustain them so far as the law
makes it his duty to do so. Apart
from this he has no authority to con-
troll or interfere with them in the
least in the discharge of what they
may regard as their duty.
We respectfully suggest to him a
perusal of one of the leading cases in
the English reports in relation to the
responsibility of military men for a
transgression of their powers in deal,
ing with persons in civil life.
In the case we refer to each mem.
Der of the military commission and
the officer approving and executing its
finding, also, we believe, were held in.
dividually responsible in heavy dam.
ages.
1t is announced in one of the rebel
papers, which, by the way, seem tC
be favored with direct communications
from headquarters, that the Genera
assured Mr.. Packard that he would
have placed him in close confinement
if he did not fear the excitement il
might produce.
General Buchanan dares not place
Mr.. Packard in close confinement
Moreover, the General has now an op
pertunity to arrest the rest of thu
Board. He will also have an oppor
tunity to arrest all the Republican
members of the General Assembly
who will undoubtedly obey the consti
tuition and disobey his illegal order
To be consistent he will also have Il
suppress all the loyal papers, arres
their editors, and arrest all the ables
and most eminent lawyers and states
men of the loyal party in the city, fol
they have all, without exception
cOunseled, aided, and abetted in thi
acfinn which he has obosan 20 oh;
trarily forbid.
In conclusion, we ask General Blu
chanan one question Did you, sir
advise or counsel with one loyal maj
as to the step you have taken, er wer,
your advisers not former rebels, or.
you like the term better, "Confeder
ates p
/ From the New Orleans Advocated
The Hon. s. B. Packard.