LOUISIANA. 



439 



to the end that the necessary aid may be rendered 

 by the United States as promptly as possible in any 

 case of insurrection or domestic violence in the 

 States embraced in your military department. You 

 will keep yourself informed of the condition of affairs 

 in said States,and communicate promptly by tele- 

 graph to the War Department, through the head- 

 quarters of the army, any facts which may make it 

 the duty of the President, under the Constitution and 

 laws, to employ the military force of the United 

 States. You will also maintain such disposition of 

 the troops under your command that they may be 

 ready to act without delay on the receipt of the Presi- 

 dent's order stationing them at, or from time to time 

 moving them to, points where you may have reason 

 to apprehend necessity for their use. 



The following extracts from the laws and Consti- 

 tution of the United States indicate the conditions 

 under which the military force of the United States 

 may be employed to suppress insurrections against 

 the government of any State. The Constitution, 

 article 4, section 4, says : 



The United States shall guarantee to every State in 

 this "Union a republican form of government, and shall 

 protect each of them against invasion, and on application 

 of the Legislature, or of the Executive, when the Legisla- 

 ture cannot be convened, against domestic violence. 



The act of Congress, approved February 28, 1795, 

 says: 



SECTION 1. And, in case of an insurrection in any State 

 against the Government thereof, it shall be lawful for the 

 President of the United States, on application of the 

 Legislature of such State, or of the Executive when the 

 Legislature cannot be convened, to call for such number 

 of the militia of any other State or States, as may be ap- 

 plied for, as he may judge sufficient to suppress such in- 

 surrection. 



SEC. 3. Provided always, and be it further enacted, 

 That, whenever it may be necessary in the judgment of 

 the President to use the military force hereby directed to 

 be called forth, the President shall forthwith by procla- 

 mation command such insurgents to disperse and retire 

 peaceably to their respective abodes within a limited 



The act of Congress, approved March 3, 1807, is as 

 follows : 



Be it further enacted, etc., That in all cases of insurrec- 

 tion or obstruction of the laws, either of the United States 

 or any individual State or Territory, where it is lawful for 

 the President of the United States to call for the militia 

 for the purpose of suppressing such insurrection, or of 

 causing the laws to be duly executed, it shall be lawful 

 for him to employ for the same purpose such part of the 

 land and naval forces of the United States as shall be 

 judged necessary, having first observed all the prerequi- 

 sites of the law in that respect. 



By command of General GRANT. 



E. D. TOWNSEND, Assistant Adjutant-General. 



On the 1st of September, General Buchanan 

 issued a circular defining the relations of the 

 military forces to the civil authorities within 

 the State. The sheriff, he said!, was author- 

 ized, " in cases of unlawful resistance to his au- 

 thority clearly shown to exist, to require the 

 assistance of any troops serving within his 

 district. In such cases the military command- 

 er will be required to render the assistance 

 called for ; provided that, in the exercise of a 

 sound discretion, he is satisfied that the neces- 

 sity for such service exists." Any United 

 States marshal, he said, had also, in cases of re- 

 sistance to the laws of the United States, " a 

 right to call upon any military commander, 

 within his district, for such assistance as the 

 nature of the case may require, but the mili- 

 tary commander will, as before indicated, ex- 

 ercise a sound discretion in deciding upon the 

 necessity for the use of his troops." "In no 



case," he adds, " is it deemed proper to con- 

 sider a mere riotous demonstration as a case 

 calling for the interposition of the military 

 forces, which should not be displayed until it 

 shall be absolutely necessary for them to act." 

 Several cases of "riotous demonstration" 

 occurred from time to time in the streets of 

 New Orleans, as well as in the interior parish- 

 es. A colored orator, who attempted to make 

 a Democratic speech, was mobbed by a radical 

 crowd of his own color in that city soon after 

 the application to the Federal authorities for 

 military aid, and several instances of insignifi- 

 cant outbreaks were reported at about the 

 same time. There were some apprehensions 

 that a Republican torchlight procession, which 

 was to parade the streets on the night of the 

 12th of September, would be broken up, and 

 the following telegraphic correspondence 

 passed between New Orleans and Washington 

 on that day : 



WASHINGTON, D. C., September 12, 1868. ) 

 Beceived 11 A. M., September 12, 1868. ) 

 Commanding General, Department of Louisiana, NtfW 



Orleans. La. : 



Brevet Major-General Hatch, Assistant Commis- 

 sioner of the Freedmen's Bureau, reports that there 

 is danger of an assault upon a torchlight procession 

 in New Orleans to-night. You will so dispose the 

 troops under your command as to prevent such as- 

 sault, and preserve the peace. Please acknowledge 

 the receipt of this dispatch. 



By command of General GEANT. 

 J. C. KELTON, Assistant Adjutant-General. 



HEADQUAETEBS DEPAETMENT OF LOUISIANA, ) 

 NEW OELEANS, LA., September 12, 1868. } 

 Sent 12.30, September 12, 1868. j 

 Brevet Brigadier- General J. C. Kelton, Assistant Ad- 

 jutant-General, U. S. Army, Washington,!). C. : 

 There is no danger, in my opinion, of any assault 

 upon the procession to-night. The danger is, that 

 the negroes will commence riot, and that the public 

 property may possibly be destroyed. 



I nave made arrangements to protect it, and shall 

 use all my disposable troops for the purpose. Am I 

 to interfere any further than this ? The Governor 

 has not asked for assistance. 



KOBEET C.'BUCHANAN, 

 Brevet Major-General U. S. A., commanding. 



An application for troops from the Governor 

 was received an hour after the above was sent. 



WASHINGTON, D. C., September 12, 1868. ) 

 Eeceived at New Orleans, September 12, 1868. f 

 Brevet Major- General R. C. Buchanan, commanding 



Department of Louisiana : 

 Your dispatch of this date received and approved. 



J. C. KELTON, 

 Assistant -Adjutant-General. 

 HEADQUAETEES DEPAETMENT OF LOUISIANA, \ 

 NEW OELEANS, LA., September 14.1868. ) 

 The Adjutant- General United States Army, Washing- 

 ton, D. C. : 



As I expected, every thing passed off quietly in the 

 Eepublican procession on Saturday last. 



EOBEET C. BUCHANAN, 

 Brevet Major-General U. S. A., commanding. 



The Democratic State Committee had issued 

 a circular on the llth, calling upon the adhe- 

 rents of the party to avoid all interference or 

 connection with the demonstration, and recom- 

 mending " a calm, cautious, dignified and quiet, 

 but resolute, firm, and determined spirit." 



