The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-11-01

| eminent. VhlS authorized him 20 suppress the 10
: surrection or unlawful combination, but not u
serve judicial process. The act did not authoriz
| him to place the army and navy under tho com
mand OF an Uuited htates Marshal, or his deputy
P | as is now being done in Louisiana. At the tim
r the order Of the President was issued, there wa
neither IN insurrection nor process OF court il
= existence, which was resisted.
Q The order OF the President cannot be defended
q under that act Of Congress. because he did no
, pretend to comply with an essential requisite O
tho act, upon which 10 base his order.
The same quanfcati0n which existed in the &C
OF 1892 and in the act OF 1875, was re-enacted il
1861. Before using the military power, he was
bound to have issued his proclamation, com
manding the insurrect,on. or illegal com binatior
to disperse within limited time. No such procla-
nation preceded or even accompanied the order
We are discussing.
As general rule of law, executive officers are
pecuniarily responsible for their illegal acts The
reason for exempting the President from this re-
sponsibility, is because, as . coordinate branch
OF the Government, he ia supposed to be vested
| with . large discretion as to the manner in
| which he acts in the discharge Of the duties OF
his office. The proper exercise OF this discretion
il duty imposed upon him by the Constitution.
How can he be said to have complied with that
duty when he undertakes to order in advance the
court may render, even those out OF its juris-
diction?
This high function Of his Office he cannot dele
gate to the mere option Of marshal.
I
spects, the President plainly violated the law
| and his Constitutional duty, when he ordered
| the Uulted States troops to be put under the
| control and command Of the United States mar
| shall. Thus ends the first act in the lamentable
| tragedy Of the fate Of Louisiana.
Having by these means obtained the possess
sion OF the State House, and the consequent con-
| troll OF the Legislature about to assemble, he
pretends to justify his action by the orders sub,
sequent to his own, made by Durell, District
Judge of the United States court, upon the
ground he could not look behind the orders of
the court.
This is the weakest subterfuge Of ALL Hereto
fore it has been shown how under the Constitu-
ton and form Of our Government, the President
was vested with discretionary power in the
exercise Of his Office. That power he could not
ANONYMOUSLY lay aside, But it is . principle OF
law, elementary and we'll settled that execu i've
officers must look to the power and jurisdiction
Of the court whose DEGREES they undertake to
execute. That the President is amenable to the
law and subject to the above principle has also
been wellsetted by the highest judicial authority
It is conceded by almost every jurist in the land
that Durell in rendering his orders or DEGREES, |
exceeded the power and jurisdiction Of his court |
The effect OF such orders have been accurately
stated by the United States supreme Court in the
case OF er parte LANCE, IS Wallace. say.
In rendering tho opinion the Court said:
ut is no answer to tn 8 to say that the Court |
had jurisdiction of the person of the prisoner,
and OF the Of!ense under the statute. 1t by no |
u.
however erroneous it may be, any Judgment the |
Court may render in such case. II q Justice of |
the peace, having jurisdiction to fine for mis-
demeanor, and with the party charged before |
it would simply be void. Why void? Because
he had no power to render such judgment, SO.
it court Of general jurisdiction should on an IN
dictment for libel, render Judgment Of death or
same reason, void 1t has further been wei
settled by authority that an executive officer can
not set up void judgment as defense against
an action brought for damages caused bv his
acts. See Thompson vs. Whitman. Is Wallace,
457.
Most mistaken notions are, however. enter
tained in regard to the President.
The following principles have been sustained
by numerous authorities:
The President cannot control a statnte NOR |
dispense with its execution, and still less can he
authorize 3 person to do what the law forbids.
ALI instructions from the executive which are not |
by law are illegal, and no inferior
officer ia bound to obey them.
Kendall W.. United States, - Peters 525
Tracy va. Swartwout. 10 Peters so.
Little We. Bareme, Cranch 10.
The last is certainly conclusive case A COM
nander of . United States vessel-of-war was or. I
lered by the President to seize under certain
all vessels supposed to be VIC. {
ating the embargo laws. He accordingly seized
vessel; He was sued by tho owner Of the yes
justified under the orders Of the President {
Upon examination Of the act Of Congress the 9
,ourt decided the President exceeded his an /
horty under it, in giving the instructions to the
laval officer, and consequently condemned him b
o pay large sum FOR the damages caused by O
lis unauthorized SEIZURE | C
In rendering the unanimous decision OF the p
ourt: after confessing that at first he had enter
aimed different opinion, Chief Justice Marshall
>, that the instructions cannot change the ma Il
ure of the transaction, or leealize an act which IL
,ithont those instructions would have been a v
lain trespass." n
is acts by the unauthorized orders of the com. h
how can tho President, who un- CT
ertakes to execute the void orders of a conrt T
lstify himself? m
Nothing e.empts the President from pecuniary S
esponsibility for the consequences of his ILLEGAL b.
cts but the immunity awarded to his Office, Bur hi
9 is, however, liable to punishment by impeaeh. OF
lent pi
Having thus fastened upon Louisiana. by it
ross usnrpation and anodious tyranny, we now 1t
oproach the last phase Of the affair.
The people, iG defense OF their constitutional
Sht to have snd bear arms, repealed a awltss an
tack made upon them by the usurLer, and fol- I"
wing up their success, overthrow the usurpa- su
On: The true and lawful government was wi
throughout the State and was in ne
'aceable possession Of the recognized officers pc
Q usurPer being refugee IN the Custom sa
l
the call Of this dethroned usurper, the Presi. ha
mt q. ain appears upon the scene. He chooses SO
regard the contaminated revolution as mere W
surection, ard issues his proclamation fer tw
EN- to dispense in five days. Before the time lin pa
ID expires-in fact. cotemporaneous with his on
in palpabe violation Of law, he vo
ued peremptory orders to his military officers to int
oceed at once to suppress the Instruction This to
1er At the time it was given, was Illegal, and
Sht not to have been obeyed Under he au-
orlty OF the case of Little vs.. Bareme pre- | a
'usly cited, the officer executing the order frs
ali not under it have justified himself in of
ion for damages caused by his acts. sue
u IL true IN 1868 and 1850 acts WEI passed to
'veIt prosecutions against officers and soldiers
crimes committed under orders of the Presi. La
At, but those acts ,elated only to the late war SIN
have expired by their own limitation They car
'Id no defense for the illegal acts Of military his
Ger now: out
ne Voio ORDERS OF Judge Durell do not pre- err
It even . decent apology for the President. saw
oh less q justification. at ,
t is, however, urged that the President was he
md IN, sfoi, kho Eolp, =.