While serving as justice of the supreme court, and when his term in that
court was about to expire, he was offered, by the governor, the
appointment of city judge. This would have made him judge of the court
of general sessions, the principal criminal court of the city, having
jurisdiction of cases of the highest class. This appointment he did not
accept. In 1858 he was appointed, by the governor of New York,
commissioner of quarantine, to succeed Ex-Gov. Horatio Seymour, with
authority to abolish the then present station and erect a new one
elsewhere, as the commission might decide. His associates in this
commission were men of the highest character, and the commission was one
of importance at the time,--just after the quarantine buildings had
been destroyed by a terror-stricken mob, and the wildest fears that
contagious diseases might be transmitted from such a station had taken
possession of many minds.
In 1862 he was appointed, by Abraham Lincoln, President of the United
States, judge of the United States Provisional Court for the state of
Louisiana. This court was called into existence by the necessities of
the federal government in respect to its foreign relations, after the
conquest of New Orleans and other parts of Louisiana by the army of the
United States, during the late war of the rebellion, and while that
territory was held in military occupation. A large part of the
population of New Orleans and Louisiana was persons of foreign birth and
allegiance, having claims on their respective governments for the
protection of their rights. Those governments, when appealed to, made
demands through their ministers, resident at Washington, on the
government of the United States, and the number and importance of these
claims had become so great that the state department was much
embarrassed by them. Mr. Seward, secretary of state, had been more than
half his time since the conquest occupied by them, and they had, in some
instances, assumed such proportions as to threaten seriously the
relations of the government with foreign powers. In this condition of
things it was resolved to constitute a tribunal which should be
empowered to decide all these questions, and keep them from the
department. Accordingly, the government resolved to establish a court at
New Orleans, which should have power to hear and determine every
question which could possibly arise out of human transactions, and to
make the decisions of that court conclusive of the rights of all
parties. To effect that purpose, the following order was made by the
President of the United States:--
EXECUTIVE ORDER,
ESTABLISHING A PROVISIONAL COURT IN LOUISIANA.
EXECUTIVE MANSION, }
WASHINGTON, October 20, 1862. }
Public-domain text, read in full here on John Shaqi.
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