Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-11-12
cess on said persons, situated as they are with
arms and protected by the Fort.
Fin. CRowELL, Shif r. c.
Sworn IN in omen court. Oct. II, 1888.

arms aud protected BY the Fort.
Fin. CRowELL, ShG r. c.
Sworn to in open court, Oct. IL, 1888.
We cannot shut our eyes to the attempts which
are making BY some of the Alabama Papers to
hasten on this contest to fatal rupture Inc
Tuscaloosa IntelIgencer, IN laying fhese very
Documents before its readers, employs the fol-
lowing exciting language:
"It is difficult to speak Of such military inso.
Ience and maintain ones equanimlty OF temper.
IF the State tameiv allows the commanding OH
Ger Of little band Of soldiers thus to abet mur.
der and DEFY the law within our borders she Is
iudelibiy disgraced. If cur civil tribunals are
thus to be sneered at by men who assume conse-
quence because they have epauletfes on their
shoulders and guns 10 their hands, ii is to De hop
ed that no foorth of July Orator will insult Us
hereafter, by telling US that we 1--we in land OF
liberty and law; that life, liberty aud property
are protected BY our admirable institutions; and
that the military is rendered wholly subordinate
TO the civil power. If We are at the mercy OF a
deputy Marshal Of the United States; and u his
deeds of death and those of his soldiers cannot De
inquired into, let US understand our condition,
aud acknowledge it at once. What VIII those
papers that have shown disposition to justify
every act of the most remote agent OF the Fede.
raj Government, nov say to this open defiance OF
our laws and of our courts! Will they tell Us
that we ought to pocket this insult to the State,
and humble ourselves before Major Mclntoshs"
1t gives US pleasure, however, to quiet the
alarms which may be excited by the language OF
the ct Intelgencer"-by laying before the
Public the following facts:
Cd. The coneitutory spirit at Washington.
We received Yesterday Copies OF the lnstruc.
lions which have been issued BY the Secretary OF
War, upon this subject, the moment he was
aware that any difficulties were to be expected
We lay them before our readers. They are the
instructions to the Commanding Officer, direct.
ing the course which he is to pursue. And also
an extract of the Instructions to Mr.. Key, OF the
District Of Columbia, who was dispatched BY the
Administration to Alabama-in the course OF the
last week We understand, Mr.. Key landed
from tue steamboat at City Point on Saturday
evening, on his way to his destination:
Ertrast Of Letter 10 Major j. s. Mcintosh,
October, 29th 1883.
"SIR-Your letter of the 2lst instant to Ma.
ior General Macomb has been laid before me
and. in answer, have to inform you, that you
will interp0se no obstacle to the service OF legal
process upon any officer or soldier under your
command, whe Their issuing from the Courts oil the
State Of Alabama, or OF the United States: On
the contrary, you will give all necessary facilities
to the execution Of such process.
"It is not the intention of the President. that
any part of the military force Of the United
States should be brought into collision with the
civil authority. In all questions Of jurisdiction,
it is the duty of the former to submit to the lat
ter, and no considerations must interfere with
that duty.
.sIf. therefore, an officer Of the State or OF the
United States come with legal process against
YOURSELF or an officer or soldier Of your garrison,
you will freely admit him within your, post. and
allow him to execute his writ undisturbed."
Extract of Letter from, the Secretary Of Var.
to Francis s. Key. Esq, October 81, 1888
"You have seen by the letter addressed to
Major Mcintosh. it is the determination Of the
Governme ut to preserve the proper ascend-ncy Of
the civil authority. The military force is EN-.
PLAYED by virtue Of an act of Congress, in spe.
cifc object. In the execution nf this. they will
follow the directions of the Marshal, aud both
will be governed BY your advice, in every thing
relating to the execution OF their duty. Let all
legal process. whether from the Courts Of the
United States or from ihc State of Alabama. be
submitted TO without resistance and without hesl-
tation The supremacy of the civil over the M
ltary authority is one of the great features OF our
nstltu tioDs. and one Of the Buwarks Of the Con
stitutiun. The President is particularly solicit.
Gus that no act should be done, to violate this
great principle. But on the other hand, the
Marshal aud the Military force must be defended
against vexatious proceeding; and YOU will,
therefore, without delay, IN every instance where
these are instituted against them, have The mat.
ter brought before Judge Of the United States
for his determination. -
The reader will see ia these Instructions the
decided prsofs Of that jealous determination to
assert the supremacy o! the Civil Authority,
which ought always to actuate the friends OF Re-
publican Government.
The happy consequences of this conciliatory
spirit in both parties can readily be foreseen. 1t
will produce kinder state Of feeling between
them--sbate the violence Of the passions-and
prepare both Of them for more liberal adjust
ment Of the remaining topic ofrontention. But, in
order to contribute to this event, we understand
that the War Department is making other concii.
atory arrangements. The great and real difficulty
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