War of the Rebellion: Serial 041 Page 0766 W. FLA., S. ALA., S. MISS., LA., TEX., N. MEX. Chapter XXXVIII.

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under the provost-marshal of the State of Louisiana, at any military post, or in any military district in the Department of the Gulf, are not in any sense independent authorities, but are aides to the respective military commanders of such districts and posts, and are subject to their orders, supervision, and control, in a manner analogous to that of officers in any one of the staff departments proper of the army. Especially is this the case in the matter of granting permits for vessels to proceed to and touch at any except military posts, and to ship the products of the country to market from points heretofore designated in general orders; but, above all, no provost-marshal will presume to give a pass for any person or thing to pass beyond our military lines.

Commanders of troops are responsible for whatever or whoever passes their lines, and none but superior military authority (no matter by what brach of the Government it may be claimed) can relieve them from this responsibility; and they and the provost-marshal general alone will be permitted to exercise this authority, under the orders now in existence, and any instructions that may be hereafter given by the commanding general.

All permits granted prior to July 23, 1863, to keep arms in the parishes of Orleans and Jefferson, are hereby revoked, and such permits will hereafter be granted only by the provost-marshal-general .

By command of Major-General Banks:


Acting Assistant Adjutant-General.


New Orleans, October 16, 1863.

Major General H. W. HALLECK,

General-in-Chief, U. S. Army, Washington, D. C.:

GENERAL: I have the honor to inclose to you copies of General Orders, Numbers 70,* providing for the conscription of citizens of New Orleans, and the organization of two regiments of volunteers.

There are a large number of citizens here from the loyal States, engaged in speculation in various pursuits, who ought to be made to share the burden of the war, which they escape by leaving the States to which they belong. A considerable portion of the citizens of New Orleans will accept service without reluctance if they are required to do it. The occupation and means of support for themselves and families is a powerful incentive thereto, and the diminished confidence in the success of the rebel army tends in the same direction. But public opinion is so strong, and especially the influence of the female portion of the community so positive, that many persons will consent to that without reluctance which they will do only upon compulsion. We have in this department five regiments, three of cavalry and two of infantry, for general service. From the conscription I hope to get men enough to fill these regiments; they are among the best regiments in the department, and are now composed of the same class of men for which the regiments will be formed.

In reference to the organization of volunteer regiments of limited service in one respect only, I have to observe that the Government will find it necessary in all of these States, in order to pave the way for a participation of their citizens in the army, to organize them with


*See p. 740.