The People's vindicator. [volume] (Natchitoches, La.) 1874-1883, 1876-04-01
Communication from the Gov
ernor Of New York. -
.'. EXECUTIVE CHAMBER,
Albany, January IL, 1875.
10 the Legislature: e-.-,

Il " WV IVY
On your re assembling, l deem it
my duty to invite your attention to
the grave events which have happen,
ed in our sister. State Of Louisiana.
The interval of your adjournment has
offered you an opportunity to receive
the statements of the parties CONCERN
ed in those occurrences, particularly
that of Lieutenant General Sheridan,
in his official report to the Secretary
of War, dated January 9Th, 1875.
You are now enabled to know with
certainty all the facts necessary to
form just and deliberate ju;laasat
as to the nature Of the principal acts
which have created so much public
excitement. r. E..a
According to the official Report of
Lieutenant General Sheridan, the
United States soldiers entered the
House of Representatives of the State
OF Louisiana, while that body was in
session, aud removed from it five of
its members.
The pretcxts of this act arc:
First-That it was done under d.
rection from the Governor of the
State, recognized by the President.
Secoud-That the persons removed
chad been illegally seated,' and chad
no legal right to be there"
Third-That fear existed in tho
mind of Northumberland Sher-
idan that, in some underlined coutin-
gency, violence might happen.
With respect to the first and second
Of these preteSts, it is u decisive an
swer-that the Louisiana House of
Representatives, had, by the Consti-
tuition of that State, the exclusive
Judgment as to the right Of these
members to seats; that its Judgment
is subject to no review by any judi
cial authority, still less a review BY
the Governor or by any officer Of the
United States Army that its judg-
ment in favor of these members thus
forcibly removed is bindingrin law,
snd conclusive upon the Governor
and Northumberland 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 Vi
olencc, when no VIOLENCE really ex-
listed, is not only no lawful occasion,
but not even an excuse for an inva-
sion of the right of the House Of Re-
representatives. of Louisiana to judge
for itself of the title to seats Of its
own members.
Interference by United States SOL
dicrs was not Only unlawful, but it
was without the color Of legality. 1t
was an act Of naked physical force in
violation Of the laws and constitution
of Louisiana, and of the laws and
constitution of the United States.
There is case ola disputed seat in
the Senate of this State now pend.
ing. Another was determined at the
last session. The transaction in
Louisiana is as if, at the instance of
the Governor of this State, General
Hancock, commanding the Depart
ment, or an officer especially deputed
by the President, should send 4 file
of Federal soldiers and remove the
incumbent to whom tho seat had
been adjudged by the Senate. That
disorders have formerly existed in
Louisiana makes 10 difference, For
the laws-to which the President and
Congress are parties-recognize tie
complete restoration of her autonomy
The right Of her legislative bodies 70
determine the title of their members
is as perfect and absolute as the right
of the Assembly of the State of New
York.
The animus of tie transaction, as
indicated by the correspondence be-
tween Lieutesant- General Sheridan
and the Secretary of War, is in6nit.
ely worse than the transaction Itself
On the day after the event, Lieut.
enant- General Sheridan sent 4 dis
patch proposing that class of citiz-
ems, indefinite in number aud des'
eruption, should be declared, eithe,
by Act Of Congress or by proclana
ton Of the President, to be banditti
and then indicates his purpose to Try
them aud execute them by military
commission. On the next day Gen
Belknap, the Secretary Of War, tcle
7 graphed to General Sheridan tina
"The President aud all of as hav'
full confidence in, and thoroughly ap
prove your course"
The nature Of the acts thus pro
posed. by the officer second in com
mand Of the army Of tile Unite'
States, aud thus adopted and sane
toned by the President and his con
stitutional advisers, is plainly de
clarel by the common law. !ggl.t:
In the recent case, of tue, Queen v
: Nelson md. BrqYd, the present Lor'
Chief Jutice o. England, in l,ieliverinl
the charge te the Grand Jury, dc
creed that, "supposing that there ]
no jurisdiction at all, that the who'll
proceeding is coram non JUDGE, tia
the judicial functions ale exercise
by persons who have no judicia
authority or power, and a mans If
is taken, that is murder; for mnrde
is puttinga man to death without
justification, or without any Of thos
+ mitigating circumstances which re
dnce the crime of murder to one Of
lower degree. Thus, in the case pu
by Lord Coke of a lieutenant havin
, . commission Of martial law IN tim
: of peace, that, Gays Lord Coke,
murder"
. Such are the established doctrine
of the jurists and courts of this coul
trv and of ENGLAND. Such ia I'll