The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-05-07
THE GENERAL LCOURT-MARTIAL.
First Meeting Under the New Militia Law
of Our state.

First Meeting Under the New Militia Law
of Our state.
The general court martial ordered by the
Governor met last evening at the Mechanics
Institute at 7:45. There were large number OF
spectators. including Gen. Behan the assistant
Acknowledgement. and other prominent officers
of the militia. Of the court there were present:
Col. John Glynn Louisiana Field Artillery:
Col Adolph Meyer. First Infantry; Lieut.. Col.
John Fl. Pike, Orleans Artillery: Major John D.
lery; Major Thomas Mcintyre, First Infantry;
Cart ca Charles g; Ogden. First Infantry, and
First Infantry, judge advocate.
Mr.; Il. /. Deas was appointed clerk of the
court and marshal.
The case of Capt Alexander Lesseps Orleans
rtillery. was then called. The order conven-
ing the court was read In his presence by the
judge advocate. The judge advocate then
read the following exordium:
E8oRDIUM OF THE JUDGE ADVOCATE
Nav it please the Court: In entering upon my
duties and responsibilities as counselor on be-
half OF the State Of Louisiana to this august
Jurisdiction and make manifest the potency OF
it's proceeding in the causes which shall be en-
In that this s the first general court-martial
convened by the authority Of this State under
the restoration, and the first assembled by
virtue of the act Of the General Assembly Of
the Senate and Representatives OF Louis
lana, 1878 approved March So 1878. its de-
| lfberations and action must necessarily be of
gravest importance as primarily vindicatin ing
the authority convening it, sustaining the law
! by which 1t Is assembled and establishing q
precedent to guide all similar bodies for the
future
| The jurisdiction Of this court is, l hold that
of similar courts martial sanctioned by the
| statutes OF the United States OF America.
general court-marta shall have jurisdiction
over all cases involving any OF the provisions
of this act or of the military laws of this State.
and shall take oaths and be- governed by the
| rules and regulations laid down for the army
and militia of the United States.
and regulations Of the army and militia OF the the
| United States, it must necessarily consider it.
sell as possessing the same supreme jursdic-
| tiOn which Is allotted by said rules and regula-
| tions to al general courts martial
| That this is the rightful Interpretation of the
| above section is made manifest by the nature
of the oath which is prescribed by it to the
| members of general courts martial.
They are severally required to take solemn
witness that they will well and truly try and de-
before them between the State of Louisiana and
the accused to be tried: that they will duly ad-
an act to establish rules and articles for the
government of the militia of Louisiana, with
out partially. favor or affection; and If any
ticles then according to their conscience the
best of their understanding, and the custom of
| war in like cases" That this court is COM
custom of war in like cases places it at once as
the ti peer OF any military tribunal, and estab-
fishes Its power In like degree.
Convened by the authority OF the Com
mander in Chief of the forces of Louisiana,
this this tribunal Is undoubtedly fitted and compe
| law, whether OF the sections of tho act of the
| General Assembly Of Louisiana referred to, or
OF me lef ron ron strpta or custom of war"
De Hart on cOurt-martial, page 8, remarks
In conformity with the acts Of Congress all
| courts martial are appointed and find their
nnei2a tb Der0ng their o1ign and and powers
utes of the land. the same respect and defer
en- co to their character and acts are due. which
every citizen Is bound to observe towards the
| ordinary courts Of civil Iudicature.' The same
author. page 49, observes; The jurisdiction of
courts, martial is special and limited. arising
individuals; that is, by individuals subject to
military law: and the crimes and acts are such
as are 1 11epugnant m to military discipline. and are
pointed out by law, by the general regulations
of the army and by the custom Of war
1t being undeniable that the rules and reeu-
latIons of the United States govern this court
it is obvious that offenses triable before this
court must be charged under the articles OF war
established by the acts Of Congress. with the
exception OF such Offenses as specially como
within the provisions of this act Of the Legis-
lature of Louisiana.
Also. is it manifest that in all cases coming
under the III ticles Of war aforesaid. and triable
by this court. the offenders are amenabIe to the
penalties prescribed by said articles in case Of
guilt and not to any other whatsoever
All military otfeDSeS. not specially provided
for by this act even il not legally triable under
the articles of war. would nevertheless be viola
tions Of the custom Of war, the ier scripta
and be subject to the jurisdiction Of q mill ary
tribunal.
From the above, think it most clear that this
court is'fully empowered to Judge in all mill
| tary cases arising. and to sustain the majesty
OF the military law Of Louisiana without re-
straint, hamper or restriction: Also is It
apparent that it cannot deviate from the rigid
lines prescribed by the law of the nation with
out compromising its own honor, subverttng In
no small degree the dignity and sovereignty of
this State and this people. and establishing o
precedent greatly detrimental to the welfare
and diScI pline of the sOldiery thereof
HENRY GUY CARLETON,
First Lieutenant First Infantry, Judge Advo-
cate.
Capt Lesseps was then asked il he had OBJ
lections to being tried by any member present
He challenged Lieut.. Col John H. Pike. rs be-
preudiced.
The court was then cleared. the populace and
reporters being hustled out indiscriminately by
the marshal, together with Capt. Lesseps and
Col. Pike After few minutes the court was
again opened. and the judge advocate an
nounced that the challenge was overruled. Col.
Pike thereon again took his seat.
Then followed the administration Of oaths by
the Judge advocate. and the arraignment Of
Capt, Lesseps upon lengthy charges and speci
flcations, based upon the twentieth. twenty
third, tenth fftieth and. fifty first articles Of
war, He pleaded not guilty to ALL
The court was then cleared to deliberate upon
tho validity of the charges. After lengthy
counci' it again opened but Immediately there
after adjourned to meet again this evening at
This trial has excited much interest In mill
tary circles as being the test Of the new military
law
and several Injured.