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[243] for the city and state. For this purpose he appointed judges to two of the district courts, of which the judges were absent, and authorized a third, who held a commission dated anterior to 1861, to resume the sessions. This was an establishment of three new courts, with the jurisdiction and powers pertaining to the courts that previously bore their names, by a military officer representing the Executive of the United States. These were the only courts within the territory of the state held by the United States forces which claimed to have civil jurisdiction. But this jurisdiction was limited to citizens of the parish of Orleans as against defendants residing in the state. As to other residents of the state, outside the parish of Orleans, there was no court in which they could be sued. In this condition several parishes were held by the United States forces.

It was therefore necessary to take another step in order to enable the military power to administer civil affairs. This involved, as every reader must perceive, a complete subversion of the fundamental principles of social organization. According to this advanced step, the military power, instituted by an organization of its own, creates for itself a new nature, fixes at will its rules and modes of action, and determines the limits of its power. It absorbs by force the civil functions, with absolute disregard of the fundamental principle that the military shall be subject to the civil authority.

This attempt to administer civil affairs on the basis of military authority involved, as has been said, the subversion of fundamental principles. The military power may remove obstacles to the exercise of the civil authority, but when these are removed it cannot enter the forum, put on the toga, and sit in judgment upon civil affairs, any more than the hawk becomes the dove by assuming her plumage.

However, the next step was taken. It consisted in the publication of the following order by the President of the United States:

Executive Mansion, Washington, October 20, 1862.
The insurrection which has for some time prevailed in several of the States of this Union, including Louisiana, having temporarily subverted and swept away the civil institutions of that State, including the judiciary and the judicial authorities of the Union, so that it has become necessary to hold the State in military occupation; and it being indispensably necessary that there shall be some judicial tribunal existing there capable of administering justice, I have therefore thought it proper to appoint, and I do hereby constitute a provisional court, which shall be a court of record for the State of Louisiana; and I do hereby appoint Charles A. Peabody, of New York, to be a provisional judge to hold said court, with authority to hear, try, and determine all causes civil and criminal, including causes in law, equity, revenue, and admiralty, and particularly with all such powers and jurisdiction as belong to the District and Circuit Courts of the


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