Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-11-12
ALABAMA.

the stirring topic IN every pupneypdPer auu III
every private circle. We need not say, how
much discussion and how much anxiety tbs pro-
ducing. In fact, who could see With indiner'
snce the agitation Of subject, which might ul'
timateiy extend from the Greek Lands OF Ala
bama, to the whole interest OF the public lands
scattered through, so many Of the Western
Statesa Who could witness, without emotion,
4 subject so unex pectedly bursting upon US
like clap of thunder, and rapidly assuming SO
appalling an -threatning 10 produce
direct collision between the State and Federal
authorities-and especially under the auspices
of two such officers, as General Jackson and
Governor Gayle-whose views and principles
had appeared to be 80 congenal. No man IN
the Union is more decidedly favorable to the
Rights of the States, in respect to their Indian
relations, than the President himself-and no man
so little inclined to the doctrines OF Nullihca-
ton, or to measures Of violence, as the Govern.
or Of Alabama. -
II is not surprising therefore, that these trans.
actions should have filled so many bosoms with
uneasiness--aad covered 50 many cOuntenances
with gloom. We have seen the military author.
ties Of the u. States and Alabama threatening
TO be arrayed against each other. We have
also seen some indication Of the military authori.
" Of the U. s being directly arrayed against the
civil authority of Alabama. 10 our last paper,
we touched these questions-but the subject was
full OF anxiefe aud almost Of alarm. We could
then only sl0mit our best advice and our faintest
hopes. We are happy to say, however, that
the scene 10 now partially shifted-and we
come forward this morning to lay before our
readers some information, which is calculated
TO ,nspire the strongest hopes Of an amicabe ad
justment Of the whole dispute between Alabama
and the q. States. We shall still watch the pro-
gress Of events with no little solcitude-but,
we confess, with more sansuine hopes OF the te'
licity of the catastrophe.
lst The coneihatory spirit Of Governor
Gayle.
We received BY Wednesdays mail the follow.
ing series Of documents in the =. Tuscaloosa In.
telligencer" Of the Goth uit., which have been
published with the permission Of the Governor
1t seems that he has laid these matters before the
Presdent-and this shows determination on
his part TO wait for further advices from Wash.
inston, before he hurrles the call OF the military
authority to enforce the process OF the Russell
Court:
EXECUTIVE DEPARTMENT.
Tuscaloosa, Esd October. 1888
| have received TO day b, express from Hon.
P T HARRIS, one Of the Circuit Court Judges
of this State, sundrv documents establishing
the fact, that all attempts by the civil officers to
investigate the circumstances in relation TO the
killing OF Owen have proved snavaIling, and that
the process of the Court has been set at de-
fiance by the commanding officer at Fort Mitch.
ell. | transmit copies Of the whole of these
dispatches, for the conderation of the President,
and respectfully request that you will advise
me of his determination on the subject, at an
early period. have the honor TO be, with res
pect, sir, your obedient servant, JOHN GAYLE.
Hon. LEWIS CAss,
Secretary Of Har, Washington City.
RUSSELL CouRT HOUSE,, 18th October, 1883.
SIR-To your Exceliency as Chief Masis-
trate of the State Of Alabama, enclose copies
Of cores pondeuce between The Solicitor General
Of this Circuit and the commanding officer at Fort
Mitchell, the affidavit Of the Sheriff Of this coun-
~, the affidavits Of two gentlemen, BY the
names Of Burton and Couch, (both of whom re.
which issued for the arrest Of Maj. Mcintosh,
for contempt Of the Court, with the Sherlff's
return threon. and the bill of indictment against
David Manning and others, for the murder Of
Hardeman Owen. BY an examination OF the
letter Of Mai. Mclotosb, it is obvious that the
soldiers who were present at the killing Of
Owen, were at Fort Mitchell when that letter
was written; and that the persons for whom
subpeuas issued, were secreted at the time the
Sheriff was permitted to search within the Fort
for Them, is established by Burton's and COUGHS
afidavits. From all the papers herewith sent,
you will peceive that the process of the Court IL
set at defiance, and that without some asss-
lance, we shall have to submit to the military
authority which has been established at Fort
Mitchell. You can readily Imagine, If the Of.
fcer commanding refuse to give up the soldiers
: as witnesses, that we cannot expect them to be
surrendered to the mandatory process Of the
Court, when that process is intended to bring
them before the civil tribunals to answer to the
violated laws. He has already determined
= g that the soldier who shot Heardeman Owens
was in the lawful execution Of his Duty" and
from this decision there can be no appeal, unless
the arm Of the State 10 put forth to protect the
Courts. II need not be stated to Your Excel.
lency, that the common soldier is bot the mere
machine in the hands of the officer. and you
can, without difficulty. see that there is too much
g. h,tsavo hat ha amir eh eiooa If the