New York Justice iN Civil War Louisiana John D. GorDan, III This arTicle appears in Judicial noTice, issue 8, a publicaTion of The hisTorical socieTy of The courTs of The sTaTe of new york 140 Grand sTreeT, suiTe 701 whiTe plains, new york
[email protected] www.nycourTs.Gov/hisTory New York Justice iN Civil War Louisiana John D. GorDan, III Introduction is now the University of Pennsylvania Law Review and, in the thirty years thereafter, three more written ecent debates about alternatives to Article by Judge Peabody himself. The U.S. Supreme Court III courts in wartime contexts have over- sustained the Provisional Court’s3 legitimacy as an looked one of the most unusual courts in appropriate exercise of the powers of the President our history—the United States Provisional as commander-in-chief in territory previously domi- CourtR for the State of Louisiana, established after the nated by the “insurgent organization.” Finally, two of fall of New Orleans by a proclamation of President Judge Peabody’s opinions in the Provisional4 Court— Abraham Lincoln dated October 20, 1862, which also one in two criminal cases and the other dealing with named its judge, Charles A. Peabody. The grant of the negotiability of interest coupons on bonds held jurisdiction to that court as a “Court 1of Record for the behind enemy lines—survive. State of Louisiana” was virtually universal—full civil 5 and criminal jurisdiction, state and federal, enforced by the military, its judgments “final and conclusive.” Moreover, to facilitate its exercise, three months after the Provisional Court convened, the military gover- nor of Louisiana appointed Judge Peabody to serve simultaneously as the Chief Justice of the Louisiana Supreme Court.