New Orleans Republican., 1868-08-27


p.aeraI Rousseau and Collector Fuller
Preparing for New Orleans-COllectOr
FaIler COmmisaioned-Tex of Grants
order of 1nstructiOn to Military Com.
manders-ROmerO In Mexico.
WASHINGTON, August 26 26.-Generals Rous-
,,su and Fuller are both making prepara-
ions to repair to their respective posts in
Louisiana.
Judge Cadwalder, Of Philadelphia, re.
'hses to administer the official oath to
80Neill, appointed by the President United
Etstes Attorney, on the ground that under
lie tenure Of Office act the President could
bot appoint.
tsssports vized by Spanish consul.
n WASHINGTON, August 26.-Fuller was COM
hissioned this afternoon as Collector of Gus
oms at New Orleans.
z Tie following is the text Of Grants order:
HEADQUARTERS OF THE ARMY,
AdjutAnt Generals Office, !
Washington, August %, 1868
II GENERAL: In reply to your request for In
tructions relative to the use OF the troops
rnder YOUR command in aid of the civil au-
Ihorities, the Secretary of War directs to be
FINISHED for your information and govern
1rent the enclosed copies of letter of in
.g!ructions to Brevet Major General Bu-
#hauan, commanding Department of Lou-
,iana, dated August 10, 1868, and OF letter
4rom the Attorney General of the United
States to Alexander Maeruder, ESQ. United
States Marshal for the Northern District OF
Florida, dated August 20, 1865.
n The letter to General Buchanan indicates
HE conditions under which the military
orces of the United States may be employed
10 suppress insurrection against the gov
tmmeRt of any State, and presCribes the
Laties Of the department commanders in
keference thereto. The letter of the Attor-
Mey General sets forth the conditions under
Thich the Marshals and Sherifs may COM
4nand the assistance of the troops in their
ksspective districts or counties to execute
thTf1l precepts issued to them by compe-
lent authority. The obligation of the mill
mEy, individual, officers, and soldiers, in
kommon with all citizens to obey the sum-
hons of Marshal or Sheriff must be held
&abordinate to their paramount duty
members of a permanent military
body; hence the troops can act only in
heir proper organized capacity under their
rEn officers, and in obedience to the i'm
mediate commanders Of those officers. The
haieers commanding troops summoned to
he aid of Marshal or Sheriff, must also
fudge for himself, and upon lIis own official
responsibility, whether the service required
Cfhim is lawful and necessary, and oompa-
tbe with the proper discharge of his or
binary military duties, and must limit his
sction absolutely to proper aid in the exc
rution of the lawful preeepts exhibited to
him by the Marshal or Sheriff. If time will
permit every demand from civil officer
ar military aid, whether it be for the exc
tcuton of civil process or to suppress III
turrections, should lie forwarded
10 the President with all the material facts
Ia the case, for his orders and in all cases
lie highest commander, whose orders can
be given in time to meet the emergency,
will alone assume the responsibility OF
alton. By timely disposition Of troops
where there is reason to apprehend neces'
Ety for their use, and by their passive in.
Exposition between hostile parties, dangers
Of collision may be avoided. Department
commanders, or in case of necessity, their
Ebordinates, are expected in this regard to
exercise, upon their own responsibility, 8
vise discretion, to the end that in any event
the peace may be preserved.
By Command of General Grant.
j. c. KILT0N,
Assistant Adjutant General.
The following is an extract from Evarts
epinion:
Nothing can be less in accordance with
the nature of our government or the dispo
fsition of our people, than frequent OF
7ready resort to military aid in execution oi
the duties confided to civil officers. Cour-
sge, vigor and intrepidity are appropriate
Qualities for the civil service which thu
harshals of the United States are expected
TO perform, and reinforcement Of theil
NpoWers by extraordinary means is permitted
by the law only in extraordinary emergen
|cies.p r -, .-..,--=
WASHINGTON, August 26.-Private letter.
Nfronl ex. Minister Romero announce his saft
#srriyal August 10th, and his resumption o
his Office in the Department OF the Treasury
Nj. Romero is happy to say that the politiea
atuation had much improved during hi
sbsence. The financial situation is satisfac
tory. President Juarez is well, and ha
great confidence in the future.