New-York tribune., 1875-01-13
GOV TuDFN ON LOUISIANA.

10 GOV. TILDEN ON LOUISIANA. .,
THE RIGHT OF A LEGISLATURE TO DETERMINE rhh
TITLE OF IT'S MEMBERS vIoIATED--sHERIDANs
49, PROJECT EQUIVALENT TO MURDBR-DUTY OF
NEw-YoRK TO DECLARE HER SENTIMENTS.
Gov. Tflden sent the following message concern
ing Louisiana yesterday to the Legislature OF TINS
Stste -. "a ,o-,
To the Legislature On yOur reasscmb1ng deem II
20 bo my duty 10 invite your attention to the grave
events which happened in sister State OF Lou
islana The interval of your adjournment has anorded
you an opportunity to receive the statements OF ths
parties concerned In those occurrences. particularly
thot of Sheridan IN his official report to the
Secretary OF War, dated Jan. 6, 1875. You are now
enabled TO know certainty all the facts necessary
TO form Just deliberate Judgment as to the nature
OF the principal which have created so much pubic
excitement.
According to the official report OF Lieut-Gen sheri-
ap United States soldiers entered the House OF Repre-
sentahves OF the State OF Louisiana, while that BODY
was in session. and removed from II five Of its members
The pretexts for First that Is was done un-
der directions the Governor OF the State recognized
by the President; second that the persons removed
had been Illegally seated and had no legal right TO De
there third, that fear existed in the mind OF Lieut.
Gen Sheridan that in some underlined contingency yio-
lence might happen.
With respect to the first and second Of these pretexts
It is a decisive answer that the Louisiana House Of
Representatives had by the Constitution Of that State.
the exclusive Judgment 10 the right OF these members
20 seats that Its Judgment subject TO no review by any
judicial authority still less revew By the Governor or
by any officer of the United States Army that lite udg
ment in favor these meml thus partly reviewed is
binding in law and conclusive upon the Governor and
Lieut. Gen. Sheridan, and upon everybody else.
In respect the third pretex the fear in the mind OF
LeutGen Sheridan OF possible future violence, when
no violence really existed is not only lawful occa
mt No xcus for N O
the House of representatives. OF Louisiana to judge for
itself OF the title TO seats OF its members. Inter
ference by Usited States soldiers not only unlaw
full but was without the color OF legality-lt was
an act OF naked physical force in violation OF the
laws and Constitution OF Louisiana and Of tho
lava and Constitution Of the United States.
There Is q case OF disputed seat in the Senate Of
this State pending. Another was deter
mined at the last The transaction In Louisiana
ia as the instance Of the Governor OF this State
Con Hancock, any officer specially deputed by the
President, commanding in this department should send
file OF Federal soldiers and remove the Incumbent to
whom the seat had adjudged by the Senate Thas
disorders formerly existed in louisiana makes no
difference, for the laws to which the PRESIDENT
ana Congress 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 as
the right Of the Assembly the Senate OF New York
The anmus Of the transaction indicated by the cor
respoudence between LieutGen Sheridan and the Sec
retary Of War is infinitely than the transaction
Itself On the day after this event IeutGen Sheridan
sent dispatch proposing that class Of citizens indef
ipite 10 numbers and description should be declared,
either by act OF Congress by proclamation Of the
Presdent to be bandtt, and then intimated his pur
pose TO try them and execute them by military comms
sion On the next day Gen. Belknap the Secretary
of War teegraphed TO Gen. Sheridan that the Presi
dent and all OF us full confidence in and thoroughly
y a0ff fha
posed by the officer second in command OF the army OF
the United States and thus adopted and sanctioned by
the President his constitutional advisers is plainly
declared by the law in the recent of The
Queen against Nelson" The present Lord Chief
Justice OF England, In delivering the charge TO
the Grand Jury, declared that, "supposng
there s no jurisdiction at ALL the whole proceeding is
ooru mon Judiee II the judicial functions
ercised by persons who have judicial authority or
mower and mans life Ia taken, that is murder, for
murder putting man 70 death without iustifeation,
or without any OF those mitigating circumstances which
reduce the crime OF murder to one OF lower degree
Thus in the case put by Lord Coke, of lieutenant hav
ing a commission Of martial law, who puts TO
death by martial in time OF peacethat says Lord
Coke, is murder
such are the established doctrines OF the jurts and
courts Of this country and Of England Such is the voice
OF the common Glorious Jurisprudence OF freedom
blrthrghs Of every American citizen. Its stern logic
proposed and sanctioned 10 this correspondence,
would be murder by laws. aud that every function
ary, civil military. who should nstigae IT, aid abet
It, become in any party il before the fact,
would be guilty principal In that crime The patriot
statesmen who achieved national independence
and formed our institutions OF free government fore
boded II we should fall into intestine strife that
tbe IDEAS it would inspire in the military mind, OF
.nordinatou 10 the laws and OF unciv ambition, and
,hs bait it would generate In the people. Of acques-
cenee in acts OF unlawful military violence, would i'm
,artl N not destroy civil liberty. Events compelled
90 a manly chooe of confronting these dangers in
,ruog,e 20 save our country from dsmemberment and
On vnd,cate the tust rights OF she Federal Union Hav
i,g ,umphed in that struggle, now forever closed we
- aae sensbls OF the wise foresight OF the founders
OF our freedom 70 their naming Of the opposite dangers
which would attend our success
hose dangers come to us in the acts OF Illegal military
violence committed In times Of peace IN the usurpation
ty the seldiery OF power to decide the membership
OF our legislative assemblies, whose right 70 Judge
exclusively in such cases has ever been guarded
with peculiar jealousy by our race 10 the proposal
made and accepted by highest civil and mi"
tary functoDares, 20 subject our abuses TO triDu-
nai Ia which o 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 will review and confirm or
change the judgment and the sentence and may order
instant execution and in which the accused will be
Eried secret and without counsel for bis oeleRse