The morning star and Catholic messenger. [volume] (New Orleans [La.]) 1868-1881, 1874-09-06

| sion or at ether moments OF extreme dis
order and peril, because In a merely mill
tary government there is always more OF
less of the despotic.
Now read the following pronunciamento
of General of the O.. s. Army and reflect
whether Louisiana is not under martial
law. 1t is reprinted from the N. o. Repub
sscan of Sept End inst.
| ARMY ORDERS.
| General Emory has issued the following or
| ders concerning the disposition and use OF
troops in the Department of the Gulf:
To aid commanding officers of the posts and
| detachnents in the discharge of the mix ed
duties which devolve upon them in this de.
partment, the following directions are publish
| ed Whenever the United States marshal
| OF his deputies shall make q written applica-
ton to you for a detachment of troops to pro-
| tect him OF them in the performance of their
duties, or to aid him or them to serve legal
process, You will at once furnish such detach-
ment, reporting your action to department
headquarters. Such detachments will also be
farnished on the application of officers of the
United states Internal Revenue Department.
You will instruct the officers and men of all
detachments furnished by you that they can
act only as anxilaries of the civil officers that
they have no original authority and no right
to use force except when specially directed by
civil authorities, or in last extremity for self
preservation.
Any deputy marshal or Internal Revenue
officer can therefore invade any parish,
village, city, plantation or house in this
State at his caprice. All he has to do ia
to make written application for soldiers
and they must go" ~henerer'' he "shal
make written application" This is sub
sequently modified by requiring the mill
tary officer to examine the case and sex
ercise sound discretion" But this makes
the presence of martial law still palmer.
The United States marshal becomes really a
provost marshal, and his views are to be
controlled by those of his superior officer,
Between the two, however, the course of
action is decided on and military force ap-
pt1ed. If deputy marshal, therefore,
and Lieutenant commanding the post,
should see fit to expel Judge and Jury
from the Court House, or to adjourn a
Legislature, as Cromwell did, or drive a
Governor out of his office, tho State and the
people could have nothing to say. Any re-
sistance to the marshal and his corporal's
squad would be treason.
This is clear invasion of the State by
the Federal authorities, If such power
is vested in the General Government, then
the pretense of local government is a mere |
farce Every attempt at such thing, if |
adverse to the policy and views of the Ad-
would be Immediately put
down by military intervention. The SOL
diers could easily find civil officer who
would consent to go along as figure head
80 as to give show of civil proceedings
to the affair. Experience has shown, too,
that they would have no trouble in finding
u Judge to issue ex-parte orders to that
civil officer.
We do not say tina. every President
would tyrannically exercise su.h power
in every case, especially at first. What
we do say is, that this doctrine would give
him the legal right to exercise power
which could be very easily and plausibly
exerted for tyrapnical purposes and would
make him sole and ultimate judge of the
necessity for its exercise. In practical
working, such power would be totally
Incompatible with any co-existent power
IN the part of the State, aud would soon
absorb it. The United State judges, mar
|
politics and office giving too tempting a
ield to keep out of it through antique no
ions of fair play. - b,
The United States Government has
light to keep soldiers upon the territory of
he individual States for it has no where
Use to keep them. These soldiers have a
light to defend themselves if attacked, and
% protect any United States property ,
threatened. But neither deputy marshal,
lor tax collector, nor judge, nor the
President himself ought to have the right ,
o let or make them intervene in civil affairs,
kept at the request of civil authorities of ,
he State, made in due and constitutional
orm. :
If Gen. Emory is right, Louisiana is not !
n independent State of this Union in any ,
PARTICULAR whatever, bnt is subject to Fed r