The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-11-01
[For the New Orleans Bulletin.1
VIOLATIONS OF LAW IN THE LOUISE.
ANA CASE,

The troubles in Louisiana had their con
mencement in tho order of the President to til
military authorities to furnish the Attorney Ger
ersl, Williams, with the troops necessary to Ell
fbrce any process or DEGREES which might ems
nate from the United States Courts in Louisian,
Under this the Attorney General obtained order
70 the military officers III command in ike man
aer to furnish troops to the Uni:ad States Ma,
shal, Packard, whtne er he required them. tn
above is the substance Of the orders. It wa
through these orders the Marshal was furnishe
With the troops which enabled him to seize tn
State House., install the Kellogg Legislature
overthrow the WaImuth government, max
Pinchback Governor, to BE- shortly superseded b.
Kellogg.
It is to be remarked these orders we're issue,
before any process OF the cOur. had been re
sisted and before any decree had been mad,
which it was supposed might be resisted. The,
we're not given for the enforcement OF any par
ticular decree or process, but for all such gener
ally. They were issued in time Of profound
tranquility, when no one disputed the legal au
shorty Of the United states courts.
The question il, wheth. under the foregoing
circumstances, the President had any legal an.
shorty for lssu ny those orders. Ii he had none
they were issued in violation Of law and he il
responsible for the wrong and injury caused by
1t is claimed he had tina. authority from the
clause OF the Constitution which declares. "He
shall take care that the laws be faithfully ego
euted." THIS clause does not give the President
IL
eoss Of courts, or of surrounding himself with
lictOrs and hewing down all he might meet. who.
In his opinion, were violating the law. Laws are
administered by courts, and their DEGREES are
executed by special officers appointed for the
purpose. The clause in the Constitution. then
simply means that the President shall take care
20 have the laws executed in the manner aud
form provided by Law.
What are the forms under which the DEGREES Of
tho CO 'rts are to be executed?
The Pre- sident ShOuld that kho Mo,rfo a ro
provided with marshals, and there his duty ends,
except IN special cases provided for by law. I'm
less the marshal meets with resistance, the
President has no warrant under the Law for in
6erfering.
The act Of Congress Ct July 90, 1861, provides
THE Marshals OF the several Of the United
States. and their deputies shall have the same
powers in execu ing the laws Of the United
States, as Sherls and their deputies in the seye.
raj States have by law IN executing the laws Of
che respective States" II he meets with resist
ance. he may summon the bystanders, a n0sse
coDsiatus, TO his aid. II this proved Intellectual.
then ne might possibly with p1opr,ty cali on the
President. Even IN that case, it must be some
particular process which Is resisted, not gene
raj call the President to aid him IN executlpr
any and all Pr cess which might be issued in fu
ture; otherwise the President would be nothing
more than deputy marshal.
The orders Of the President to the military
Dficers TO aid the marshal in executing process.
embrace all process, present ana IN future. |
Buch power in the hands Of the marshal makes |
him virtually the sommander-in chief IT all the
military stationed in the State. The President |
has no such Iwer in law. The army and navy
lre governed by special attachments Of Congress |
Those acts designate who shall be commanders |
u these forces, and the iresid, Mt cannot, "ith-
tut violating those laws, put them under the
control or command Of an U. s. marshal. Our
generals, admlrals anu commanders we're never
Intended by the Constitution and laws to become
he travelling tip stats Of . marshal. They are
Inevitably 80 If they are to AID hun on ali lndef-
lite occasions when called on
Tho powers OF the President upon the subject
10 very clearly Ss6n.d d il the at VI July -, loSl