New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-09-26

oilois- vi luo ucT Is VI u6utEIte duu VI
the disposition Of the case on which the
court passed Judgment, nothing need be
said; but the opinion of the court opens as
follows,
United States Supreme Court-Municipal
Powers-Rights of G, nquest--Military DC
cupatiOn.-No. ). OCTOBER Term, lS74-The
City of New Orleans, appellant, We. the
New York Mail Steamship Companv.-Ap-
peal from the Circuit Court of the District
OF Louisiana. Mr.. Justice Swayne deliv-
cred the opinion.
The questions presented for our deter
minatiou are questions of law. The facts
are undisputed. On the first of May, 1862,
the army of the United States captured the
city of New Orleans.
Errors and lnadyertences here get official
Endorsement.
disputed tact, that ION the first of May,
1862, the army of the United States cap
tureG the city of New Orleans" he commits
grave but dsubtess unintentional mis-
take. Neither on the fret of May nor at
any other time, did the army of the United
States capture the city of New Orleans.
That city was captured in April 1862, by
the navy, of the United States. On the
twenty-hfth of that month a squadron,
under the command of Captain David G.
Farragut, the flag officer, having passed the
forts which guarded the approaches to New
Orleans, appeared with his fleet off the city,
and sent Captain Bailey, his second in com
mand, to demand its surrender. The rebel
army Immediately fled, and on the next
day. the twenty-sixth of April. the Mayor
OF the city, John T. Monroe, informed Flag
Officer Farragut that General Lowell had
evacuated it with his troops''-"the city is
yours'-'.it is for you TO determine what
shall be the fate that awaits herr and on
the same day the Common Council of New
Orleans declare no resistance will be made
to the forces of the United States"
At that time, and for several DAYS there
after, the army of the United States. which
had been detailed to cooperate with the
navy in the expedition under Farragut and
to garrison the forts aud city when taken.
was nearly hundred miles distant below
New Orleans. Not soldier of the United
States was present or within eighty miles of
the city when it was captured.
The expedition to New Orleans, and the
capture of the city oy naval force ascend
ing from the Gulf OF Mexico, was naval
expedition, planned and carried forward by
the Navy Department. 1t was not in its
conception "r avsentinn army move
ment, but wholly naval, and for its success
or failure the Navy Department was respon-
sible. Such of the military gentlemen as
were aware of the movement had little faith
in its success. The Secretary of War and
officials of the War Department were not
made acquainted with the object or actual
destination of the expedition for which
preparations were being made until more
than two months after it had been projected
AMI determined upon, with the sanction
and approval of President Lincoln, in a
conference at General NIcClellan's house.
on the fifteenth of November, 1861. Our
own officials. as well as the rebels, were
given to understand. and really supposed,
that the vast naval preparations on foot
during the winter were destined for Mobile
or Galveston, General Mcclellan, who was
increduous as to the successful result, and,
subsequently, General Barnard, of the en-
gineers, were the only army officers who
were consulted and informed of the naval
project and purpose. General Butler, who
was selected by General Mcclellan to CO.
operate with the navy, to garrison the fOrta
and take possession of and govern the city
after it was captured by the navy, was not
informed or aware OF the ultimate des,ina-
ton of himself and the troops under him
until the middle of January, more than two
months after the expedition was determined
upon and preparations were in progress for
its accomplishment. Some of his force had
been sent forward to Ship Island before he
was let into the secret, which was through
out well observed.
The army or military plan for taking
poSecselou VI duu COutlbllluS Tue uaV1gA-
ton of the Mississippi and capturing New
Orleans, first projected by General Scott,
was by combined army and navy move
ment which was to descend from Cairo
When contaminated. it would sever the
Contederacy, cut off their Western sup
plies and open free communication from
the Northwest to the Gulf. This general
idea of the veteran General-in chief was
adopted and continued by his successors
and the nripaipa1 ntfi nf ba t.
was in fact the administration plan OF oper-
atoms, and was we'll understood by the
rebels, who bent their energies to resist it,
While this was the army programme, and
Its designs were understood and appreciated
by the Confederates, the Navy Department,
alter the success of Du POnt at Port Royal,
in November. who passed the forts without
serious injury to his vessels, proposed and
commenced movement for the capture of
New Orleans by the navy, which should
ascend the river from the Gulf. General
Mcclellan, who short time previously had
succeeded General Scott. and Commander
d. D. Porter, who had Just returned from
blockade duty off the mouths of the Missis-
sippi, were. on the fifteenth of November,
taken into the confidence of the Navy De-
partment,, and consulted on the subject.
Captain Farragut, a Southern officer, then
modest, unpretentious and
brave, was some weeks later, in the latter
part of December, selected to command the
Western Gulf squadron, end the expedi-
ton to New Orleans-the most important
trust committed to any naval officer. He
entered into the views of the Navy Depart
ment, accepted the trust and proved him
self equal to thu position.
The original orders of the Navy DEPART
nent to Captain Farragut, who was made
dag officer-given on the twentieth of jan
1ary-atter etailing general blockade du-
lies, were:
You will collect such vessels as can be i
spared from the blockade and proceed u
he Mississippi river, and reduce the de-,
lenses which guard the approaches to New
Orleans, when YOU will appear of that city
and take possession of it under the guns Of
-FOUR squadron, md hoist the American flag
therein, keeping possession until troops can
1e sent you. 1t the Mississippi expedition
rom Cairo shhu not have descended the
liver, you will AXE advantage of the panic
% push strong force up the river to take
Ill their defence in the rear. There are
,ther operations of minor importance in
view, which will commend themselves to
FOUR judgment and skill, but which must
lot be allowed to interfere with the great |
object in view-the certain capture of the |
,ity of New Orleans"
These were the orders deliberately pre-
pared and given by the Navy Department,
md faithfully executed by Flag Officer Far.
'agut and the navy, so far as New Orleans |
was concerned, in April, and subsequently |
Ibove that city. He wrote to me on the |
wenty-ffth of April of his successes, say
ng:
1--WE drove them 1.-THE rebels) from their
runs lin Forts jackson and st. Philip, and |
PASSED up to the city in fine style; and l |
low send this notice of our having taken
of the city at meridian, or a few