New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-01-18
ORLEANS THURSDAY, JANUARY 49, 1872


| citizens, to obey the Summons of mar
| shal or sheriff, must be held subordinatc to
their paramount duty as members OF per
manent military body. Hence the troops
| can act only in their proper organized
capacity, under their own officers and IN
obedience to the immediate orders OF those
| officers. The officer commanding troops
summoned to the aid Of a marshal or
sheriff must also judge for himself and
upon his own official responsibility whether
the service required of him is lawful and
necessary, and compatible with the proper
discharge of his ordinary military duties, and
must limit his action absolutely to proper
aid in execution of lawful precept exhibited
to him by the marshal or sheriff,
If time will permit, every demand of a
civil officer for military aid, whether it be
for the execution of civil process, or to sup
press insurrectiOn, should be forwarded to
the President, with all the material facts in
the case. for his orders; and in all cases the
highest commander whose orders can be
given in time to meet the emergency will
alone assume the responsibility of action.
By a timely disposition of troops where
there is reason to apprehend a necessity for
their use, and by their passive interposition
between the hostile parties, danger of col
lision may be ayerted. Department COM
manders, and in cases of necessity their
to exercise upon their own responsibility a
wise discretion. to the end that in any event
the peace may be preserved.
BY command of General Grant.
j. G. kELTON, Adjutant General.
Brevet Major General R. c. Buchanan command
ing Department OF Louisiana, New Orleans Louisi-
ana
WAR DEPARTMENr,}
Washington City, September Ia, 1868.
GENERAL-YOur communication of Sep
tember last, inclosing for the information
of the President communication from the
Governor of Louisiana making application
for troops, and your reply thereto. and a
copy Of your circular No. 2, of September
], have been received.
The peculiar condition of the Southern
States at this time renders it necessary tor
the army to do all that the laws allow for
the preservation of peace.
The mere presence of troops is generally
sufficient to prevent serious breach of the
peace.
AS it is generally lawful and proper for
the military commander to send his troops
wherever he may apprehend a necessity
for their use, it is much better thus to pre-
vent such necessity than to wait until it has
actually arisen.
1t is the wish of the President that You
exercise within the limit of your lawful
authority full discretion in your action, to
the end that in any event peace may be
preserved.
l am, very respectfully, your obedient
servant,
M SCHOFIELD.
Secretary of War.
Brevet Major General Buchanan, Commanding De
paTtment OF Louisiana.
EXECUTIVE OFFICE, |
Washington, D. c., October 81, 1868 )
Brevet Major General Lowell H. Rousseau, Com
mandns Department of Louisiana New Or
leans:
You are expected and authorized to take
all legitimate steps necessary and proper to
prevent breaches of the peace, or hostile
collisions between citizens. Questions re-
lating to the civil polity of the State must
be left to the proper civil authorities for
consideration and settlement. The object
is to preserve peace and restore civil gov
ernment to the people, according to the
principles laid down in the constitution.
You are referred to instructions hereto
fore given. which are deemed full and
ample for all just and lawful purposes.
ANDREW JOHNSON.
Transmitted by command of General
Grant. Acknowledge receipt
f. d. TOWNSEND,
Assistant Adiutant General.
BY command of Brevet Major General C.
| H. Smith.
GEORGE BALDY,
Captain, A. D. C., A. A. A. G.