The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-13

moved dom n eve OF It's members TIE pretexn
'or chat act are-rrsl that lt vas done Under a.
rectons from the Governor Of the s,sts. reccs-
nized by the President; second. mat me persons
removed had been Illegally seaiei and had no
legal night to be there: tulrd. tsat fear exi.ted
In the mind OF Lieutenant General sheridan that
In some underlined contingency vi0leaos nlsat
happen.
4. With respect 20 the nrs, ana second OF these
pretexis IL Is a decisive answer that the Loulsl-
ana House OF Representatives. hal by the con-
stiiution OF that state. the exclusive Judgment ~
to the right OF these members 10 seats; that its
judgment Ia subject 20 no review by any Judicial
authority, stu less q review by the Governor or
by any ofilcer OF the United states Army: that
Its Judgment In favor OF these memberS thus
partly reviewed, Is binding Ia law and coneiu-
sive upon the Governor and Lieutenant General
Sheridan and upon everybody else.
In respect TO the third p-etext. The fear IN the
mind OF Lieutenant General Sheridan OF possible
future violence, when no violence really existed.
is not only no lawful occasion. but even no ex-
cuse for an INVASION OF the right OF the House OF
Representatives OF Louisiana to Judge for itself OF
the title to seats OF It's own members- Interference
by United States soldiers was not only unlawful.
but was without the color OF legality-t was
AN ACT OF NAKED PHYSICAL FORCE
in violation OF the laws ana constitution OF
Louisiana and OF the laws ana constitution OF the
United States. There Is a case OF q disputed seat
IN the Senate OF this State now pending. Another
was determined at the last session. The transac-
ton In Louisiana Is as H. at the instance OF the
Governor OF this State, General Hancock, or any
officer specially deputed by the President COM
handing in this department., should send file Of
federal soldiers and remove the incumbent TO
whom the seat had been adjudged by the Senate.
That disorders have formerly existed in
4 0,vtot
to which the President and Congress are
parties recognize the complete restoration OF
her autonomy. The right Of her legislative
bodies to determine the title OF their
members Is as perfect and absolute the right OF
the Assembly or the Senate OF New York. The
animus Of the transaction as indicated by the
correspondence between Lieutenant General Sher-
idaD ana the Secretary OF War is infinitely worse
than the TRANSACTION itself. On the day after this
event Lieutenant General Sheridan sent q de-
spatcn proposing that class Of citizens indefinite
in numbers and description, should be declared
either by act OF Congress orby proclamation Of
the President to be bandltti and then intimated
his purpose to try them and execute them by
military commission. On the next day General
belknap. the Secretary OF War, telegraphed to
General Sheridan that 'srhe President and all OF Us
have full confidence in and thoroughly approve
your course" The nature OF the acts thus proposed
by the of1cer second in command OF the army
Of the United States and thus adopted and
sanctioned by the President and his constitu-
tional advisers is plainly declared by the common
law In the recent case OF ''The Queen against
Nelson" The present Lord Chief Justice OF
England, in delivering the charge to the Grand
Jury, declared that, supposinQ there is no jursdic
ton at ALL the whole proceeding Is cordm non
j,tdice; that the judicial functions exercised
by persons who have
NO JUDICIAL AUTHORITY OR POWER,
ana q mans life is taken, that Is murder. for
murder is putting man to death without justi
1catlon, or without any OF those mi tigating Cir.
cumstances which reduce the crime OF murder to
one OF lower degree. Thus in the case put oy
Lord Coke, Of lieutenant, having q commission
Of martial law, who puts man to death by martial
law in time OF peace-tnat. says LORD Coke Ia
murder.
Such are the established doctrines Of the jurists
and courts OF this country and Of England such
Is the voice OF the common law. Glorious Juris-
prudence OF Observation-Disclosures OF every Amert-
can citizen Its stern logic declares that such an
execution OF any human being, as was proposed
aud sanctioned in this correspondence, would be
murder by our laws, and that every unctionary,
civil or military, who should instigate 1t, aid or
abet It, or become in any manner party to 1t be.
fore the fact, would be guilty as principal In that
orr national independence and formed our
institutions Of tree government roreooded, II
we should ever fall into intestine strife,
that the ideas 1t would inspire In the military
mind OF characterization to the laws and OF un-
civil ambition. and the habit 1t would generate In
the people, OF acquiescence In acts OF unlawful
military Violence would imperi, If not destroy,
civil liberty. Events compelled US to u manly
choice OF confronting these dangers in struggle
to save our country from dlsmemberment and to
vndcate the just rights of the federal Union.
Having triumphed in that struggle now forever
closed, we are made sensible Of the wise foresight
OF the founders OF our freedom in their naming of
the opposite dangers which would attend our sue
cess. Those dangers come to US in
THE ACTS OF ILLEGAL MILITARY VIOLENCE
committed in times OF peace; IN the usurpatton BY
the soidiery OF power to decide the membership
Of our legislative assemblies, whose right to judge
exclusively In such cases has ever been guarded
with peculiar jealousy by our race: in the pro-
posal made and accepted by our highest civil ana
military iunctionaries, to subject our abuses to q
tribunal In which q military officer will decide,
without appeal, what person, happening to be
found in the locality, shall be sent to them for
trial, will appoint the members OF the Court, win
review and confirm or change the judgment and
the sentence, and may order instant execution
and in which the accused will be tried in secret
and without counsel Tor his defence. This propo-
sition is thus made and sanctioned. notwithstand-
ing that for similar acts English ancestors sent
the first Charles to the scafrold and expelled the
second James from the throne.
Our own forelathers, excited by kindred tyr
amy, and planting freedom in the wilderness,
were careful to insert in all our constitutions posi-
tive prohibitions against the application to any
but military persons OF such tribunals. Unless
such proposition shall be condemned by public
reprobation, which will make 1t memorable and q
warning to all future Officers Of the State and the
army. the decay of the jealous spirit OF freedom,
the loss of our ancestral traditions OF liberty; &C.
CURED through ages of conflict and sacrifice, the
education Of the present generation to servile
quiescence in the maxims ana practices OF
tyranny, Will have realized the fears OF Washington
and Jay and Clinton and their compatriors.
New York, first Of the commonweal.hs of the