The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-12-01
TIMELY CORRESPONDENCE.
hMERICAv HTsTORF hPPLTED TO
the TOPfC or THE HOUR

Advice TO Army Oniccrs-Thcy are Rcspon-
sibic before the Law Tor Executing Illegal
Ordcrs-Deci-ious Of the supreme Court.
To THE EDITOR OF THE SUN-Sr: There
arc some practical legal measures Of redress
available to the outraged people Of South Ciro-
ul which tho press seem to have overlooked
thus far.
In all the recent odiously unlawful acts OF tho
Republican leaders, tho officers Of tho army
have shown themselves strangely facilo instru-
ments, unGccountaby so, In men OF English
blood tr lined up under American institutions.
They have acted without exception, as II their
only official aud personal responsibility were
for failure to obey tho orders OF their
military Supporters, including the President.
These men, ono and all, see to he grossly ig-
norant thut the soldiers OF FREQ State are re-
sponsiolc before the law, that the orders which
they execute legal orders, that Is to saw, or
ders to DO alawful thing, and that an order to
do an unlawful thing. even II signed by tho
President Of the United states. affords the ON
Ger or solder exeoutngit no shelter whatsoever
for the act done pursuant to that order
Ono Of tho early decisions Of the Supreme
Court Of tae United States established this
principle upon the broadcast basis.
An oficer Of the navy was sent to the waters
81 San Domingo with a written order signed
by the President John Adams, l thinR), TO seize
and bring to tho United States a certain Ameri-
eau merchant vessel. This order he executed.
The owners OF the vessel ms ituted suit
against the oGlcer for tho tresplss. In due
course the case went up to Washington, where
nual judgment was given against him upon the
ground that the act was unlawful, tho order Of
the President one not within hts power 10 give
and therefore Of n, possible avail to shelter
any one who executed tho unlawful thing 1t had
IA f.f
shan icho cnuncir'ct hts dccistoH. Later, during
tho Mexican war, Lout. Col. Mitchell OF Don't
phan's famous Missouri Volunteer Regiment,
executed a written order of his Colonel IN con-
nection with one Harmony and his property,
and this outside Of the United St,tcs in time
OF war. Harmony aftor the war. found Mitchell
hero In Now York, and instituted proceedings In
the United States District Court for an alleged
unlawful act on the part u Mitchell, who set uD
D9niphans order as his warrant Tor what had
been done. Tho Court decided that the order
obeved was gal aud that Mitchell, therefore,
was responsible for all consequences. Judg-
inent was given accordingly against nim for over
$1,000. and this Judgment, upon appcd, was
confirmed by the supreme Court ~ Washing
ton in lS59. tho Court saving lint n)ss rho
cute mcgu oiicrs must io hid riJiuy responsible.
Formerly OH 'ers Of the army used to under
stand this principie. About 1853 len. Harvey
gave an order to VI ior r. : Glrneti command
ing body OF Unite1 St. troops on the RIO
Grande, which involved, as Garrett believed, On
unlawful Interference on his part with tue
rights II certain citlz rs or the state Of Texas.
He therefore positively refused to execute the
order. Arrested and arraigned before Il court
martial Tor positive and wlful disobedicnco ~
| orders" & .rneit set up that tns order which no
sd disobeyed was Illegal. This plea the court
martial ratified snd Garrett VS. acquitted on
tho ground that illegal orders could not be
| obeyed.
| Let officers OF the army remember these pre-
| cedenti, aud particularly let those outraged so
faerantly In South c roInl aud Louisiana have
them reminded Of them Oy immediate lcsAl pro-
| c,elings. 4. j.
NEW York, Nov. -, 1916