The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-01-15
MILITARY INTERFERENCE.

The article in our mornings edition en-
titled Military Interference in Civil Affairs
was totally unauthorized and does not express
the views of this paper SO far as it in any
way excuses the interference of the military
in dispensing the Legislature We have been
very emphatic in our denunciation of the &C.
ton Of Gen. De Trobriand for obeying orders
that neither Kellogg nor Gen. Emory
nor Sheridan, nor Grant himself, had the
right to issue, and We regard his failure to
rise to the demands OF the occasion and throw
up commission, which could no longer con-
fer honor upon him, as a grand opportunity
thoughtlessly flung away.
The articles of war-the code of the SOL
dier-impose only obedience to la,ctM orders,
and Gen. De Trobriand may yet live to learn
that he committed grievous error when he
undertook to expel from its hall an American
Chamber of Deputies in Paris. Already are
call Of us" apologizing to an indignant
people and throwing the burden upon these
thoughtless, but not the less criminal, agents
of despotism. The fact that SO able jurist
as Judge Campbell should have brought suit
against these Generals for civil damages on
account Of their conduct is evidence that
they had no justification.
The Supreme Court of the United States,
speaking through its Chief Justice, John
Marshall Qhe case of Little ct al. VS.. Bar
RENE ct al, Cranch, 10Y, was this: An act
Of Congress directed the seizure of all Ameri-
can vessels proceeding to French port In
der an Executive order to seize all such vessels
going either to or from such port, ship was
sent in which was taken on voyage from
St. Thomas. She was discharged, and this
was an action for damages against the captain
Of the Selling figates.
G. J. Marshall says, that he was at first in
clinsd to think that distinction ought to be |
taken between the acts Of civil and those Of
military officers; and between proceedings |
within the body of the country and those on
the high seas. 1 was strongly |
Inclined to think that where in consequence
# orders from the legitimate authority, a
7essel is seized with pure intention, the claim
If the injured party for damages would be
'gainst that government from which the or
lers proceeded, and would be a proper sub
ect for negotiation.
But hare been convinced that 1 ras mistaken,
md 1 hare receded from this first opinion. &C
luiesce in that of my brethren, which is, that
he instructions cannot change the nature of the
or legalize aD act which without
hose instructions would have been plain
respass. What would this great jurist have
aid of such crime as was committed against
berty in this city on the 4th inst?
The excuse offered for its perpetrators by
heir master, who now denies that he gave
ny orders which could warrant their con- -,
uct, is. that they are not lawyers This
Uses the question whether the physical
over Of the nation can be safely intrusted to
zen who are 80 ignorant of the simplest con-
itutional principles that they can be made 6
le plant tools of such men as Landaulet .
'illlams and VIM. P. Kellogg, in their /
themes to ubvert the liberties Of the Deon1e .