The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-01-09
FROM NEW ORLEANS.
RESTORATION OF THE FEDERAL
JUDICIARY.
GENERAL BUTLER'S FAREWELL
ORDER.

nv government OF Louisiana, and that is
the appointment of Judge Chas. A. Pea
body of New York as Provisional Judge
of the State His commission, of which
send you verbatim copy, is one of the
most remarkable instances Ofjudicial pow
er vested in one man, that perhaps is on
record Extraordinary diseases, however,
must have extraordinary cures, and, from
the high character which Judge Peabody
seems to hold among all classes, we may
count upon his enormous power being
welded with firmness and justice, temper
ed by mercy.
EXECUTIVE ORDER
ESTABLISHING PROVISIONAL COURT IN
LOUISIANA.
EXECUTIVE MANSION,
WASHINGTON, Dee. 20.
The instruction which has for some
time prevailed in several States of the
Union including Louisiana, having tempo
rarily subverted and swept away the civil
institutions of that State, including the
judiciary and judicial authorities Of the
Union, so that it has become necessary to
hold the State in military occupation: and
it being indispensibly necessary that there
shall be some judicial tribunal existing
there, capable of administering justice,
have, therefore, thought it proper to ap-
point, and l do hereby constitute pro-
visonal court, which shall be a Court of
Record, for the State of Louisiana, and l
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 Of law, equity,
revenue and admiralty, and particularly
all such powers and jurisdiction as belong
to the district and circuit courts of the
United States, conforming his proceedings,
as far as possible, to the course of pro-
ceedings and practice which has been GUS
tomary in the courts OF the United States
and OF Louisiana-his, Judgment to be final
and conclusive.
And ! DO hereby authorize and en-
power the SAID Judge to make and estab-
fish such rules and regulations as may be
necessary for the exercise of his iurisdic-
ton, and to appoint a Prosecuting Attor-
ney, Marshal and Clerk of said Court, who
shall perform the functions of Attorney.
Marshal and Clerk, according to such pro-
ceedings and practice as before mentioned,
and such rules and regulations as may be
made and established by said Judge. These
appointments are to continue during the
pleasure of the President, not extending
beyond the military occupation OF the City
of New Orleans, or the restoration Of the
civil authority in that City and in the
State of Louisiana. These officers shall
be paid out of the contingent fund of the
War Department, compensation as follows:
Such compensation to be
certified by the Secretary Of War. A copy
of this order, certified by the Secretary of
War, and delivered to such Judge, shall
be deemed and held to be sufficient
commission Let the seal of the United
States be hereunto affixed.
H.. s. ABRAHAM LINCOLN.
By the President:
WIN. II. SEWARD, Sec'y of State.
WAR DEPARTMENT,
WASHINGTON, 23d October, 1925
hereby certify that the foregoing is a
true copy, duly examined and compared
with the original, Of the Executive Order
of the President of the United States, con-
stituting Provisional Court for the State
| of Louisiana.
/ Witness my hand and the seal of the War De
| IL. s. partment. EDWIN NJ. STANTON,
| Secretary of War
Attest: JOHN Boris, Chief Clerk.
GEN. BUFFERS FAREWELL ADDRESS.
The formalities of reception over, Gen
Banks, with the members of his staff, with
drew, when Gen. Butler, after some few
remarks to his officers, expressed the hope
that each member of his staff present would
do all in his power to aid and assist those
! who had so recently arrived, bestowing en-.
cominms upon their individual merits. He
passed high eulogium upon Gen. Banks,
representing that he was an honor to the
country, and a Chief of whom the nation
might well be proud. The General then,
with considerable emotion in his manner,
took up roll of manuscript from the table,
and said he had one more official act to
perform, and that was to read a parting
address to the officers and troops that so
recently formed his military department.
He then, with clear voice, proceeded as
follows:
/ HEADQUARTERS DEPARTMENT OF THF GULFl
New Orleans, Dec. 10.
GENERAL ORDERS No. 1O5.-SoID1RRs
| OF THE ARMY OF THE OULF : heueVoQ from
further duties in this department by direc-
ton of the President, under date Of Nov.
9, 1862, take leave of you by this final
order, it being impossible to visit your
scattered outposts, covering hundreds of
miles of the frontier of larger territory
than some of the kingdoms of Europe.
l greet you, my brave comrades, and
say farewell!
This word endeared as you are by a
community of privations, hardships, dan
gers, victories, successes, military. and civil
is the anly sorrowful thought l have.
You have deserved we'll of your coun-
| try. Without murmur you have sus-
tanned an encampment on sandbar so
| desolate that Punishment to it with every
care and comfort possible has been the
most dreaded punishment inflicted upon
your bitterest and most insulting enemies.
You had so little transportation that but
a handful could advance to compel submits
sion by the Queen City of the rebellion,
whilst others waded breast deep in the
marshes which surround St. Phillip, and