The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-16

II rae board Acteo ignorantly or corrupty;
n they refused TO hear evidence pertinent
TO the issue, or heard evidence totally inadmissi-
BILE, their return would be altogether nugatory.
RESPONSIBILITY OF THE PRESIDENT.
come now to the very unpleasant duty OF
proving what indeed everybody Knows that the
FUN responsibility OF what has occurred rests upon
the President. With a high appreciation OF the
services which he rendered the country during
the late war l cannot, however IN Justice TO q utn
10 you ana to myself, tail to stigmauze what he Is
now doing as Migrant usurpation OF power.
have looked In vain to discover any single
II. Most sincerely do / wish that II was
otherwise. 1t Is almost impossible to believe
obligation as not to know that he has in
this instance abused IT, and equally impossible to
which could have led him astray. The limits OF
his power to use military force In any State OF the
Union are prescribed by the act OF Congress OF
February g. 1895. and are confined TO cases OF in
surrection. the language OF the act is that I'm
case OF an insurrectlon IN any state against the
government thereof IL shall be lawful for the Presi
dent OF the United States, ON application OF the
Legislature OF such state, or OF tile Executive
twhen the Legislature cannot be convened) to
OF any other State or States as
may be applied for. as ne may, Judge suhclent TO
suppress sucn tnsurrectOn." BY o subsequent
act he was authorized. but under the same con-
ditions and Tor the same purpose, to use the army
passed under the clause OF the constitution
when makes 1t the duty Of the United states to
When When called upon &c do so BY the '0 hegis
lature. or by the Executive when the Legls-
lature Is not III session. Unuer these acts
OF Congress- by which alone the power Is
conferred upon the President, his interference
by the military Is confined to cases OF insurrec.
ton. Now, in this instance, there Is not the least
evidence that an insurrectiOn against the govern
ment OF Louisiana pI evaiied on the Attn OF January
or aiterward, nor that the President was called
upon by the one who protested to be the Governor
OF the State to put down an nsurrection There had
been an insurrectlon IN the previous September
tnat was terminated as soon as the military Of the
United States was called IN to suppress 1t, and the
han nofn fly
II what mas taken place IN Louisiana Is submit
ted to, 1t may then with truth be sald-aS was
That our .buobIe Of republic" as ne termed it,
'had burst;' and who evidently imagined hat by
that event the cause OF monarchy was made Sc
cure
THE BANDITTI DESPATCH.
/ proceed now to refer to the action OF General
speak OF him as tnat action justices Within q
DAY or two after his arrlva! at New Orleans and
assuming command, he issued orders justiiyIng
the interference oil the soldiers on the Monday be-
fore. He had met with no resistance. No evi.
dence was given OF any purpose to resist him, Tor,
the 9th OF January, he sent to the secretary OF
War the well known .'oandltti" despatch. There
ceipt OF that despatch. am grieved 70 say, was
acknowledged by the Secretary OF War on the
next day. the 9Th, in the lowing manner
THE GALL OF US" DESPATCH.
WAR DEPARTMENT, WASHINGTON, Jan. G. 1875.
sIE nG New ans IN
Ppi%H ySaf BIIKSAP Secretary OF War
since CIVILIZATION IaVOraD!y progress ed under
the influence OF our Christian faltn no words ever
iel from the lips OF any man, civilian or soldier,
which more outrage every obligation OF humanity
Not satisfied win denounclng the people Of three
States, he suggests you have seen. that If the
parties he refers to "Danditt," emo fur.
tner action need be taken. except that
wSu To We Sssnsr ns
TO arrest and try the rngeaders OF what he
calls the armed White Leagues To try them by q
ann
Instantly follow sentence, ana the cities and VII
lagos Of three States would be the scenes u car
quately depict In this recommendation he totally
disregards all the guarantees OF personal liberty
1n tn rn0se are
with the constitution itself, and 1t IS historically
certain that, without an assurance that they
would be provided, the constitution would
not have been ratified. Among them-not
TO mention them all-are, irst the csc.
their s%e persons; second THAT no person shall be
held to answer for capital or otherwise Infamous
crime unless on presentmens or inaic;me OF
naval service OF the United States; third, that
every party charged with crime Is secured o
trial "by an impartial jury OF the State and dis
trlct wherein the crime shall have been commit
ted" and this trial by jury was also provided by
these guarantees would be violated II Sheridan's
! suggestion was acted upon. He alone could then
by military Commission appointed by himself si
and If convicted, punish MIN with death by his
own orders.
MILITARY COMMISSIONS.
That military commissions are wholly unconSti-
tutonal IN time OF peace was never doubted. Nor
guarantees to which have referred. During the
late war, however, 1t was supposed by military
cnieis and by the President tnat they co aid be e
gally used Tor the trial Of citizen residing in
State which had never been in rebellion. Under
this impression such a commission was organized
by the general in command IN Indiana for the trial
OF one Lamdin p. Milllgan OF that State, upon
charges exhibited BY him; That commission, on
and sentenced HIM to be hanged, which
sentence was approved oy the President. Be-
eject, an Application Tor habeas Corpus was
mace to the United States Circuit Court for In.
diana, and the judges. differing IN opinion upon
Supreme Court oil the United States. One OF the
points was whether the military COMMISSION had
Der term, 1886, and the decision or the Court,
which may be found IN 4tn a wallace Vas that the
Ia ns opnon Sven S
Justice Davis the principles OF liberty are
strongly and clearly stated and indicated.
il THESE were nicetes, then the whole cOnstitu-
ton IS but legal nicely, which the President and
his military aud naval officers may be SAID to be
staSes such degrading ing excuse will A oe Of no
avail But on the contrary, they Will hold the
ity Tor tramplng upon the very principles upon
IMMORTALITY OF INFAMY.
If the suggestion OF General Sheridan, that the
persons to wnom he refers should be declared
"oanditu" by proclamation OF the President
should be ADOPTED by the latter, aud It's execu-
ton lett to sheridan, he would soon acnieve
Tor himself an immortality OF inlamy, and
be without q rival In the history n the
world, unless one Is TO be found in the career OF
tae Duke OF Alva In his invasion OF the Neither
lands, where, as historians tell US. he executed
more men in cold blood upon the scaffold than he
had killed In war, and who, at tho termination OF
his campaign, himself boosted that he had exc.
clted $4,000. II is due, however, 60 conviction
which cannot help feeling, to add that the Pres-
dent, although he IS made TO approve OF tue sug.
geston by the Secretary's despatch OF the 9th OF
January, Will never be induced to carry out ana
IRON my knowledge OF the characters OF the see
retaIies OF State and Treasury am satisfied that
they never gave IL their sanction and, indeed, 1t
Is said they never saw 1t until 1t was published in
the papers OF the day.
THE REMEDY.
How are the existing troubles In Louisiana to be
settledf Can 1t be done by any Congressional
legislation In my opinion 1t cannot. Certainly
not by an act requiring new election to be held
In the State. The State Is now sovereign, except
SO Tar as she has delegated portion OF her SOW
ereignty to the general government, and stands
upon an equal footing With the other states. If
there be any power which o state has which Is not