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The American Judiciary by LLD Simeon E. Baldwin
page 310 of 388 (79%)
Grapeshot, 9 Wallace's Reports, 129; Report of Am. Historical
Association for 1892, 199.]

In the original proclamation of martial law in Louisiana the
commanding officer announced that civil causes between parties
would be referred to the ordinary tribunals. One of the State
courts, known as a District Court of the City and Parish of New
Orleans, the judge of which took the oath of allegiance to the
United States, continued to sit and dispose of business in the
usual course. A few months later a citizen of New York sued a
military officer before it for ravaging a plantation which he
owned in Louisiana, and recovered judgment. A suit upon it was
afterwards brought in Maine, where the defendant resided. He
pleaded that the property of the plaintiff had been taken to
furnish his troops with necessary supplies. The case ultimately
came before the Supreme Court of the United States. Here it was
thrown out, the court saying that the District Court of New
Orleans had no jurisdiction to call military officers to account
for acts done under claim of military right.[Footnote: Dow
_v._ Johnson, 100 U. S. Reports, 158.] So far, however, as
litigation between private parties unconnected with military
operations is concerned, a court of this character, established
by law, and suffered by the military authorities to continue its
sessions, has competent jurisdiction, and its judgments will be
enforced in other States.[Footnote: Pepin _v._ Lachenmeyer,
45 New York Reports, 27.] They have no power to entertain
criminal charges against those in the military service, who would
be punishable by court martial.[Footnote: Coleman _v._
Tennessee, 97 U. S. Reports, 509, 519.]

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