New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-02-13
NEW ORLEANS REPUBIlcAN SATURDAY, FEBRUARY 49, 1876

were; that community laid them completed
and clearly before him. He could not n
concile it to bis sense of duty to interpos
in the organization of Legislature. Nc
only was that his view at that time, bu
there Is abundant evidence in the messag
he has sent to us. and there is also corrobt
rating evidence in the manner in which tn
officers on duty theZ construed his dii
patches and their Instructions to show tina
the military interpOsed with extreme relul
tance and Only for the ultimate preserva
ton of peace and good order. The Presiden
says in his message:
II did not know that any such thing wa
anticipated. and no orders nor suggestion
were ever given to any military of1cer il
that State upon that subject prior to tn
occurrence.
II have no desire to use United States
troops in the domestic concerns of Louis
lana or any other State.
"On the ninth of December last Governor
| Kellogg telegraphed to me his apprehen
sions that the White League intended tt
make another attack upon the State House
| to which on the same day / made the fol
| lowing answer, since which no communlca
| ton has been sent to him:
| "'Your dispatch of this date just received
| 1t is exceedingly unpalatable to use troops
in anticipation of danger. LIST the State
authorities be right; and then proceed with
their duties without apprehension of danger.
II they are then molested, the question will
be determined whether the United States is
able to maintain law and order within its
limits or not"
Il have deplored the necessity which
seemed to make iJ my duty under the
constitution and laws to direct such inter-
ference. l have always refused, except
where 1T seemed to be my imperative duty,
to act in such a manner under the constitu-
ton and laws of the United States"
Now, if there is one officer more than
another in Louisiana who is peculiarly
obnoxious to our friends on the other side of
this chamber it is Major Lewis Merrill, the
officer that Senator here few days ago
without any warrant asserted was under
arrest on the charge of arresting and hand
cutting civilians, l protested against that
charge at that time, because, although l
could not refute it, l did not believe it was
true; and the Senator did not have the in
formation, but he asserted most positively
that Major Merrill was under arrest. /
desire to call the attention of the Senate to
the disposition of that man, or rather to
his conception Of what his military duties
are, and will read briefly from his report:
''The general purpose Of having the troops
stationed here, take it, correctly under
stand in believing it to be to maintain, first,
as far as possible, by moral influence and
in the last extremity. if needful, by physical
force, the supremacy Of the civil law. l
further suppose myself right in assuming
that every officer charged with any duty in
this disturbed country should carefully and
steadily keep in view the fact that every
power of moral suasion, and every influence
toward peaceful settlement Of the dis
should be exhausted before he
would be justified in even show Of physical |
torce; that it is his duty, first and last, to |
make conspicuous the fact that the military |
ire here only to sustain the law and to |
lssist the proper officers in enforcing it; !
hat the community is not in a state of war, |
md that in all respects the usual functions !!
# the civil law are to be appealed to for
protection before any rightful use of the
military can be made"
AS an earnest of that officers disposition
o in 10 case interpose the military arm of
he government in conflict with the civil au-
horlty, even when that civil authority was
xerred against one Of the members Of his
wn force, one of the members who was
ctlve IN his efforts to suppress violence, |
I'll read from some OF the kilograms which |
assed between Major Merrill and some of
is subordnates. One Of Major Merrill's
Ulcers was arrested by process from one
the State courts. An attorney at law
ractieing in that court was employed to
efend him. There were some preliminary
and presently the question
OF into the hands Of the grand jury. The
ttorney who was defending the officer tele-
raphed to Major Merrill. intimating that
ending the issuance OF the warrant under |
lch an indictment the officer might make
s escape. That same idea seems to have |
cen suggested to the other military officers
no were there in the immediate presence
Id neighborhood of that court. and
ley also intimated to their COM
,asion of that writ might be had by flight
by force Major Merrill replied:
LET the warrant be served and obeyed."
And in reporting to his more immediate I
at New Orleans, he said: ii
That grand Jury have found indictment
,alnst HodgsOn, and warrant will he
rved tomorrow morning. Have ordered {
'sitively that there shall be no evasion or
reference with legal proceedings; that
arrant must be answered quietly without ,
y evasion whatever"
Mr.. President, after the instances we have ,
d recounted to us in this chamber of the '
tety and security with which this govern c
emit has tided along until now near the
OF century, over the varied '
croachments, If may SO express it, of the Q
litary upon the civil power; after the cpl e
De of Jackson in 1915, the arrest of v
smber Of the Legislature, and the ignoring
a writ OF habeas corpus; after the disper- il
n of the Kansas Legislature in 1856 by il
,eral authority, after the capture of the a
aryland Legislature in 1861; after the r.
sumption in 1868 of military control of
ate in full fraternity in this Union; after a
appeal by the Democratic party and the o
masses of Louisiana for federal i
exposition and for the dispersion of a G.
al Legislature of that State in 1872, are il
to be told that the pillars of b
Institutional liberty should tremble a
cause, under the orders of Governor of il
tate, the miiitSry interposed and elected
IN the Legislature some men that had no S
'ticle of title to be there! 1t is a mere | b
In pretension that such danger should il
a
utter five years of war, when the troops | 0
1 down their arms, this "imperious and la
bilious" Caesar disbanded all his great | n
IT'S after having, with generosity that IL
the admiration of the world, W
oiled the hostile forces, and adjuring al
m to the arts of peace, babe them re- c
n to their homes, and gave them assur-
70 that they should not be molested l 81
uld like to have read the terms of sur. IN
der just certified to me by the War De- til
tment. as between General Lee and in
lerai Grant. to
he Chief Clerk read as follows: eli
APPoMATTox COURTHOUSE, VIRGINIA ~
April g. 1865 he
accordance with the sub
ice of my letter to you of the eighth tie
ant, propose to receive the surrender SO
the army of Northern Virginia on the In
owing terms, to wit: Rolls OF all the Off an
and men to be made in duplicate, one gu
y to be given to an officer to be desig- by
I'd by me, the other to be retained BY Gu
a officer or officers as you may designate.
officers to give their individual paroles tn
to take up arms against the government In
the United States until properly ex. an
nged;, and each company or regimental hr