The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1869-03-14
THE UNITED STATES PROVISIONAL COURT.

Sometime ago case growing out Of judg-
ment rendered by the judge Of what pur-
ported to be provisional court for Louisiana,
came up in the United States Circuit Court
for this State on the application of the judg-
ment plaintiff to enforce the decree or judg-
ment said to have been rendered by the pro-
visional court.
To understand the question it will be ne
cessary to go little into detail and to prove
by authorities that no such court had any
legal existence in this State after a certain
period-the LIST January, 1S63-f it ever had
any, prior to that date, which is questionable.
1t is not a question that such court was
held here; this is admitted. But though any
body is at liberty to spend his money accord
ing to own fancy, when it comes to depriving
others of theirs it is another question.
However much we may regret the loss that
must accrue to honest creditors lin seeking
the aid of such a concern as the so-called
provisional court for Louisiana, we neverthe-
less take pleasure in the vindication OF right
and justice.
President Lincoln, in order to create office
for greedy carpet-bagger and to give him an
opportunity to extort as much money as he
could from our people under color of au-
thority, issued an order dated goth Of October,
1862, establishing a provisional court for
Louisiana on the plea that the civil and judi
cial authority of the United States had been
subverted and swept away in the State OF
Louisiana. The order continues
"And | do hereby appoint Charles A. Peabody,
etc. to hold said court, with authority TO hear,
try and determine all causes, civil and criminal,
including causes in law, equity, revenue and ad.
miralty, and particularly all such powers and
jurisdiction as belong to the District and Circuit
Courts of the United States, conforming his pro-
ceedngs, as far possible, TO the course OF pro-
ceedngs and practice which has been customary
in the courts Of the United States and Louisiana.
"These appointments are to continue during
the pleasure of the president, not extending
beyond the military occupation OF the city OF New
Orleans or the restoration OF the civil authority
in that city and the State of Louisiana"
1t is not our desire to discuss the question
of the right of the President to appoint such
a court-it may be admitted on the grounds
assigned; and for like reasons it may likewise
be admitted that all other orders and procla-
nations from him, affecting the right of
| property, to be equally binding and valid ;
therefore, his proclamation issued on the 1st
day of January, 1868, as follows, abolishes all
the power and Jurisdiction of the court estab-
lished by the order of date of Goth of Octo-
ber 1862. Here is that proclamation:
whereas on the 22d day of September, 1862, a
| proclamation was issued by the president of the
| United States, containing, among other things,
| the following, to'wit:
sons held as slaves within any State, or designated
| part of State, the people whereof shall then be
| In rebellion against the United States, shall be
| then, henc eforward and forever, free and the
executive government Of the United States, in
Guiding the military and naval authority thereof,
i will recognize and maintain the freedom OF such
i persons, and will do no act or acts to repress
such persons, or any of them, in any efforts they
may make for their actual freedom"
Now. therefore, I, Abraham Lincoln, president
| of the United States, by virtue of the power IN
| me vested as commanderin. chief of the army and
| navy of the United States In time Of actual armed
rebellion against the authority and government Of
ard designate as the States and parts of States
wherein the people thereof respectively are this
day in rebellion against the United States the fol-
| lowing, to-wit: Arkansas, Texas, Louisiana Tex
cept the parishes of st. Bernard Plaquemines
Jefferson, st. John the Baptist, st. Charles, st
James, Ascension, Assumption, Terrebonne, La
fourche, st. Mary, St. Martin and Orleans, includ
ing the city of New 0rleans,) c., etc.
Done at the city of Washington on the first day o
JAN. 1868, and the independence Of the UniteS
States Of America the S7th.
The proclamation states that the civil an(
judicial authority of the United States wa
restored, and therefore the necessity of Mr.
Peabodys court to exercise any of the func
tons delegated to it by the order of goth DC
tober, 1862, had ceased to exist. Hence
after that date, it had no jurisdiction what
ever.
AS the order establishing it gave exclusiv
jurisdiction, without the privilege of appeal
which is contrary to the laws of the Unite
States and of this State, certain parties i
the North whose rights were supposed to hay
been effected by its DEGREES, got Congress
pass the following act:
| AN ACT TO Provide FOR THE SUITS, JUDGMENT
AND BUSINESS OF THE UNITED STATES PROVISION
AL COURT FOR LOUISIANA, APPROVED 18TH JULY
| 1866.
Re Il enacted, etc., etc., That all writs, cause
prosecutions and proceedings in the United STATE
Provisional Court for the State OF Louisiana, vii
| the records thereof. be, and the same are hereh
transferred to the United States District Court
Il
causes, prosecutions and proceedings 80 tran
ferred shall be proceeded with in said court, an
| tried and determined, and process and judgmel
issued and executed therein and by said court
| the same manner and with like effect as If u
| same had been commenced originally in said dl
trict court; provided, however, that any suit
| proceeding so transferred, of which the circu
court could take jurisdiction under the laws of Il
United States, shall in like manner be heard al
: determined in the circuit court held in said di
| trict.
SIC. 2. And be 1t further enacted, That in {
| suits or proceedings in said provisional coul
| which could not have been instituted in said CT
, | cult or district court, the record shall rema
in said district court without further act'
! therein.
: This is all the law and authority in refe
l ence to the so.called Provisional Court
Louisiana. Judge Durell in disposingof Il
I Judgment that came before him settles Il
question. 1t will be seen that he consigns
1 the archives of the clerk of the district cou
l all proceedings had in said court between 4
; | citizens OF LOUISIANA. This is the decision
d U. S. Circuit Court-Daniel Edwards VS..