The New Orleans Democrat., 1876-06-26
GOvERNOR TILDEN.
MS NOME MEssAGE ON LOUJsLlSA
AFFAIRS


=
Thc Sentiments ~ . Patriot ana the wis.
asm sf = Statesman.
On the l2th Of January, 1876, just after
tho disgraceful dispersion Of the Louisi-
ana Legislature by Phil Sheridan, and
the cowardly proposition of that famous
!. brute to the President TO try citizens OF
this State by military commission, ana
execute them as banditti, Gov. Tilden,
Of New York, sent the following mes
sage to the Legislature Of his State.
Communication from the Governor.
EXECUTIVE CHAMBER,
ALBANY, January IL, 1875.
10 the Legislature:
On your re.assembling, I deem 1t to
be my duty to invite. your attention 70
the grave events which have happened
in our sister State OF Louisiana. The
! interval OF your radjournmentha has oiIered
YOU an opportunity to receive the state
fments Of the parties concerned IN tnOse
ocourrcuces, particularly that OF Lieut.
Gen. Sheridan. In his official report to
the Secretary of War, dated January 8,
1875. You are now enabled to know with
certainty afl the facts necessary TO form
just and deliberate judgment as to- the
nature OF the principal acts which have
created 50 much public excitement. ;,
Lieutenant General Sheridan. the
United States soldiers entered the
House OF Representatives OF the State
OF Louisiana, while that body was In
session. and removed from 1t five OF its
members.
The pretexts OF this act are:
First--That 1t was done under direc-
tions from the Governor Of the State,
recognized by the President.
Second-That the persons removed
had been illegally seated" and "had
no legal right to be there"
Thiyd-That d fear existed in the mind
or Lieutenant General Sheridan that. In
some underlined contingency, violence
With respect to the first and second Of
these pretexts, 1t Is a decisive answer
that the Louisiana House OF Representa-
tives had, by the constitution OF that
State, the exclusive Judgment as to
the right OF these members to
seats; that It's Judgment is
subject to no review by any. judicial au-
thority. still less q review by the Gov.
ernor or by any officer or the United
States army; that It's judgment in favor
OF these members thus forcibly removed
is binding in law, and conclusive upon
the Governor and Lieutenant General
Sheridan, and upon every other person.
In respect to the third pretext. the
fear in the mind OF Lieutenant Gen
eral Sheridan OF possible future vio-
( lence, when no violence really existed,
is not only no lawful occasion, but not
even an excuse for an invasion OF the
right of the House Of Representatives
- sus 60 Ind fnp nf
title to seats Of It's own members.
Interference by United States soldiers
was not only unlawful, but it was with
out the color OF legality. 1t was an act
OF naked physical force, In violation OF
the laws and the constitution OF Louisi-
ana. and OF the laws and Constitution
OF the United States. There is case OF
q disputed seat In the Senate Of this
State now pending. Another was de-
termined at the last session. The trans
action In Louisiana is as II, at the in
stance OF the Governor OF this State,
Gen. Hancock, commanding in this de-
partment, or an officer specially deputed
BY the President, 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
Louisiana makes no difference. For
the laws - to which the President
and Congress are parties-recognize the
4 complete restoration OF her autonomy.
The right of her legislative bodies to
as perfect and absolute as the right OF
the Assembly or the Senate OF New
York.
The animus Of the transaction, as in
dicated by the corresponce between
Lieutenant General Sheridan and the
Secretary OF War, is infinitely worse
than the transaction itself. On the day
after the event, Lieutenant General
Sheridan sent a dispatch proposing that
a class OF citizens, indefinite in number
and description, should be declared,
clamatiOn Of the President, to be ban
ditti and then indicates his purpose to
try them and execute them by military
commission. On the next day General
Belknap, the Secretary OF War, tele-
graphed to General Sheridan that "The
President and all of us have full con-
fidence in and thoroughly approve your
course"
The nature OF the acts thus proposed
by the officer second in command Of the
army OF the United States, and thus
adopted and sanctioned by the Presi-
dent and his constitutional advisers, Is
plainly declared by the common law.
IN the recent case Of the Queen vs..
Nelson and Brand, the present Lord
Chief Justice Of England, in delivering
the charge to the Grand Jury, declared
that 'supposing that there Is no juris-
diction at tall, that the whole proceeding
is corant non JUDGE, that the judicial
functions are exercised by persons who
have no judicial authority or power, and
a mans life is taken, that Is murder
for murder Is putting man to death
without a justification. OF. without any
Of those mitigating circumstances which
reduce the crime Of murder to one OF q
lower degree. Thus, In the case put by
Lord Coke Of = lieutenant havinga q com
mission Of martial law In times Of peace,
that. says Lord Coke, Is murder.
Such are the established doctrines cf
Aha imriafs and courts of this country