The Caucasian. [volume] (Alexandria, La.) 1874-1875, 1874-10-31
Military Arrests.

Military Arrests.
Viewed from a stand point free
from any bias or prejudice, the ar
rests in North Louisiana by the
military, present very grave and
serious questions for settlement by
the Constitutional authorities of the
government. Some of them have
been made without warrants, and
in the most arbitrary manner. In
the dispatches 70 the Bulletin, re-
published by us in another place,
it is reported that when Huey ask
ed for the authority for his arrest,
Lieut.. Hodgson, in charge of the
Cavalry, drew a repeater, saying:
!" This is my authority" We are
Informed that when they arrested
Cosgrove, Editor Of the Natchito-
ches Vindicator, he demanded their
warrant, and that he was answered
by the officer in charge, slapping
his pistol, that that was his war
rant! We are still further inform
ed that in Grant Parish the Cav
airy broke open corn cribs, robbed
diaries and pantries, and did ther
similar acts which take them out
Of the pale of the law they are pre-
tending to enforce, and makes
them under the law as well as in
fact, marauders and not soldiers.
We propose briefly to review the
subject of the authority. power and
right of the military to make ar
rests. There is a material differ
ence in the right of the military to
arrest civilians in a state of war,
and in state of peace. The ne i.
cessities of war know no law in
actual war, and more especially on
the domain of a hostile power, the
right of the military to arrest civil
ians is Of necessity almost unlimi-
ted. In peace and upon a portion
of the national domain, which for
certain we'll defined purposes is
national, and for other purposes no
less we'll defined and more compre-
hensive, is not national, but subject
to a local authority, called a State
government, the right of the gene
raj government to interfere in the
affairs of that local government, is
circumscribed, bounded by strin
gent constitutional enactments,
and not susceptible Of any misin-
terpreration. We will examine the
question as to its applicability to
tho State Of Massachusetts as we'll
as to Louisiana.
The United States government
can make arrests Of the citizens of
a State only for violation Of it's own
laws or OF the laws Of the State.
1t is true that the act of Congress
commonly known as the Enforce
ment or Ku-Klux Act, went a long
ways towards obliterating State
lines entirely, and vesting almost
unlimited authority in tho officers
Of the general government, but
even that infamous Act imposed
certain restrictions, and under the
ruling of Mr.. Justice Bradley, in
the Grant Parish case, it was strip.
ped of all it's extraordinary powers.
To make arrests for violation oil
the U. S. laws, the U. s. Marshall
can proceed only upon a warrant,
which can only issue after proper
affidavit, charging under oath some
specific offense has been prepared
and sworn to before a proper officer
authorized to administer oaths and
issue warrants. The Marshall can
only summons the aid of the mill
tary authorities in cases where re.
sistance is made and then only as
a posse, as they act in the capacity
of a posse comitatis and are sub
ject to the command of the Mar.
shall, who being the representative
of the civil authority of the govern
ment, is responsible for the good
conduct of his posse, and who must
himself serve his warrant and
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