The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-10-28
GEN. ROUSSEAU, THE GOVERNOR AND THE
WAR DEPARrMKuT.

Day before yesterday Gov. Warmoth adj
dressed an official communication to General
Rousseau, asking the latter to assume the
duty of preserving order in this city and the
surrounding parishes. Gen. Rousseau ior-
warded the communication to Gen. Schoheid-
Below will be found Gen. Rousseau's tele-
gram
HEADQUARTERS DEPARTMENT OF LoUIsIASA'
New Orleans, La, October 26, 1858. J |
Brevst Major Gen schohsia Secretary Of War; washing
Ibaye lust received the following official com
munication, (which believe to be true) from tne
governor Of Louisiana, and ask for instructions
in the premises.
Brevet Maj General L. Il. Rousseau, Commanding Dc
psrtment Of Louisiana; .
Geneyal-Tbe evidence is conclusive that the
civil authorities in the parishes OF Orleans 1eI-
ferson and st. Bernard are unable 10 preserve
order, and protect the lives and properly Oh tue
people, The act Of Congress atpins me Of all
power TO sustain them in the discharge OF tnelr
duties, and / am compelled to appeal 70 you 70
take charge of the peace of these parishes, and
use your forces to that end. "a,
II you respond favorably to my request VIII
at once order the sherns and police forces 10 re-
port to you for orders.
Very respectfully, your obediept servant
III. ".
Governor of the State of Louisiana.
(Sipped) l.. Il. ROUSSEAU,
Brew. Maj. Gen. Com. Dept of Louisiana.
Gen. Schofeld's telegram appears in the
Associated Press dispatches. He assumes that
Gen. Rousseau will use his forces to preserve
order. The situation is certainly difficult for
a commander DESTROYS of doing his duty, and
of acting in accordance with law. The sug-
oestion that Gen. Rousseau, or any one else,
has the legal right to declare martial law, is
absurd. Not even the President has any such
right. The State authorities may call on the
military to aid them in suppressing revolt and
| in enforcing the laws; but that is an action
strictly in accordance with law, whereas,
what is called martial law is the suppression
of law. This distinction is not always clearly
kept in view The people of the South have
been SO accustomed to military domination !;
so used to the lawless usurpations of Sheridan
| and Mower, and other commanders, that they
imagine themselves to be continually menaced
with military intervention, in spite Of the fact
that Congress has recognized the restoration
and the consequent supremacy of the civil
authority. Military officers, too, have so
long welded power, that many of them fancy
themselves to be the depositaries of legal
power, and to possess the right OF
interference, at will, in the affairs OF
the communities in which they may
happen to be stationed. There is great
mistake in this and it is a mistake which
has prevented the people of Louisiana from
acting with that degree of promptitude and
energy which the situation demands, and
from taking effective measures for the sup
preston of disorder. 1t must be remem.
bered that the military have no right to inter
fere in civil affairs except when formally
called upon to give assistance to the State
\ authorities and this assistance must bt
strictly limited to the enforcement and main
tenance of the law. 1t cannot be interpreted
10 mean a subordination of the civil anthorit,
to the military power. There is no DANCE
that Gen. Rousseau will misapprehend tn
position, or resort to measures which the Law
does not authorize; but it is desirable that al
parties-the people and the military-espe
cially military subordinates-should perfect,
understand their relations to each other. i
there had heen a cloeror apprehension Q
, these relations from the beginning, much Q
the trouble which has come upon US Nigh
have been averted.