Rutland Weekly Herald

MARTIAL LAW IN LOUISIANA - A Case was recently brought up in New Orleans that would seem to indicate that martial law still exists there. A Mr. Tweed brought an action in the U. S. District Court to recover 800 bales of cotton from government agent and a writ of sequestration was issued commanding the U. S. Marshal to take possession of the cotton pending the suit. But at the request of the government agent, Gen. Canby refused the service of this process, and retained the cotton as belonging to the United States. Thereupon Gen. Canby was required by Judge Durell to show cause why he should not be punished for contempt in obstructing the execution of the writ of sequestration. The General was polite enough to go to court and explain matters, but declined to let go the cotton. He considered that he held it as he did the forts and munitions of war belonging to the United States. Judge Durell in these circumstances declined to hold a court over which martial law was supreme, and in giving his decision says:

"When I first took my seat upon this bench, the country was engulfed in the cloud of civil war, and the loyal people engaged in putting down the great Rebellion. Since that time a change has been wrought, and no more is the maxim inter arma leges silent applicable, but on the contrary the roll of the drum should no more be heard in the halls of justice. The pretense of a defense of Major-Gen. Canby is naught; he has opposed a mandate of this Court, and is guilty of contempt; and as it has been my endeavor throughout my judicial occupation of this bench, to render to the army and navy all the assistance that was in my power, it is hard now to be deserted by that which should be my support and aid in the enforcement of the laws of the United States. I am unable to fine or imprison a Major-General who has at his command the bayonets of an army, and could resist a judgment of this court. As to the conduct of B. F. Flanders, it is simply an aggravation of his previous action in this case."

"And now, as I am unable to carry out the laws as I deem I should, I adjourn this court until a time when the army shall have been removed, and I be able to imprison and punish as I judge is deserving in the premises."

"The Autocrat of the Russias, with the lives and property of his subjects at his command; the Sultan of the Turks, with his oriental vassals, much less a Major General of a Republic like this, has not power such as has been sought to be enforced in this case by the military. No such power was found ever with the commanders of the Roman Legions."

"I therefore adjourn this court until next Saturday, when I will decide all cases pending now, when I will adjourn this court indefinitely until such time as I may have power to enforce the laws I am placed here to expound and execute."

A square issue is thus raised upon the question whether Louisiana shall do without courts or without Gen. Canby.