Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-02-20

upon the subject If the obstruction of the of the
Courts OF Alabama 0ssued or the purpose trying those
by whom COL Owens was kilej) by the officers OF the
United States, immediately with the first.
and was equally necessary Tor preserving the authority
., ,e laws The iAr'-' as they had been understood
be these: That, upon application being made TO the
commanding officer Of Fort MITCHELL (where the soldiers
were stationed who charged With the murder Of
Col owens ior the means oil serving wr,s o, subpoena
upon the soldiers who suppo. he cognzan ot
the circumstances attendant upon Owens DEATH the aid
asked Tor was rot given, aud hst bill Tor
der had been returned 10y grand jury against OF the
soldiers, he suffered TO leave the garrison and that
part OF the country, so us to avoid trial. Mr. q. said,
that he could not ,ouch or the correctness Of this state
ment OF the acis nor necessary he had doubt
but that the Secretary OF War had il m his pow er
swer this point OF the inquiry fully.
II the officers OF the regular amy stationed at Fort
MITCHELL had refused TO aid, or even neglected TO aid
the officers OF Justice ia srvesing soldier under their
comna'u' charged viii tho crime OF murder. they had
themselves committed gross violation OF the rules and
articles OF war, esablsle by law. ny the 33l Article
II Is provided, that, when any commissioned officer
solder shall be accused oil capital crime, OF having
used Violence or committed any offence against the per-
son or property OF citizen OF any Of the United States
such as punishable by the known laws Of the land the
troops, or company. to which the persoa persons
accused shall beloog hereby required upon apca
ton duly made by, or in behalf Of, the party parties
injured to u-c their utmost endesvCrs deliver such
cu'ed person or persons tie civil magistrates, and
likewise to be aiding aud assisting the officers Of justice
!" experimenting aud recurring the person persons
commanding officer officers shall wIlly neglect,
sai fei"se upon the application Aforesaid TO deliver
such accused person persons 10 the civil
10 DC aiding aud assisting 10 the officers OF in APP
preheuing such person persons, the officer officers
80 Offending, shall DO cahered. The House would
once perceive the importance the asked for
by this part oil the resolution.
he third clause Of the resolution asked Of the Secreta
ry OF ar Tor the correspondence aud the orders which
those Ivy whom Col Owens killed iron, the Courts Of
Alabama to the District Courts the United States Mr.
u said he held in his hand what puported TO be copies
OF Communications from The Secretary OF War TO the
Governor Of Alabama, to Francis s. Key Esq., to MAJOR
Mcintosh, commander at Fort MITCHELL and to jeremiah
Austin, Deputy Marshal OF the United State, District
Court in Alabama.
these communications show that the Executive De-
par'inent OF this Government had appontsd a special
agent, with directions TO interfere far with the execu.
ton OF the laws OF Alabama, and the appropriate duties Of
the Judiciary Department Of this Government, to Ell.
deavor to remove the prosecution Of those charged with
the murder OF Owens from the Courts OF Alabama, where
the prescott then pending to the Courts oil the
United States To control the jurisdiction Of State over
persons charged with the commission Of crimes within
linits was the assumption OF higher power than had
yet been exercised by this over the States
This was indeed, the first attempt which had been made
TO enforce The law, passed the last session Congress-
commonly called the Force bill. Mr. e. said that he
hoped that the time had arrived when the members OF this
House. and the people OF every part Of country
ready to unite with him in the ferven wish, that this may
be the last attempt 10 enforce that act And that this cx
erescence upon the body polite, which had been thrown
out from the exuberapt feelings excited by the late COLI
sionS between the General aud State woud
soon be cut eff
Its striking fac, that in this effort of the Execu
tive Department TO avail itself OF the power conferred upon
by the law alluded (extraordnary as those powers
were,) its authority had been greatly exceeded and in
Decd entirely misunderstood. The Secretary Of War in
his letter TO Major Mcintosh, Says 81 ncose copy Of
the 9Th section OF the act OF Congress- passed ID
1888, entitled Can act further provide for the collection
of duties on imports, which makes ample provision for
taking from the State tribunals, and carrying before those
OF the United States all persons uted for these pro.
ceadings Upon examination the House would 6n, that
the 7h section of the law referred TO- of giving the
power claimed under by the Secretary Of War; only
horiZes the Courts Of the United States discharge by
writs OF abeas Corpus those who might be lleg i'm
prsohed Tor acts done in pursuance the laws the s.
The Executive Department, had no legal power whatev-
not even by the Force bill, prose buttons for
crimes pending in the Courts OF the States the Courts of
the United States.
He would attempt to show that no department of
this Government-tlat the Government itseIG-bad no
such power; because it would be foreign to his present
purpose He said that, without going into any
whatever, oil the principles connected with this part OF the
resolution he would refer the House decision OF the
Supreme Court OF New York, which determines The ex-
tent OF The jurisdiction OF the State Courts crimes
mltted within the limits OF State, and not within any
place coded by the State 10 the United states. The title
of the case is the People Godfrey. The principle de-
cied by that law is this: "Tho right of exclusive Ie
gislaton u isdicon within the limits OF any OF the
States be acquitted by the United States only by pur
chase OF territory from the Saes Tor the and
States.
Mr. G. said, that he felt himself obliged 10 saw this
much IN explanation OF the resolution ch he had OIL
feed He believed was only necessary to call the at
teniion Of The House the subject embraced within H.
TO satisfy every member Of the Of some
CATION in relation 10 il.
For the Secretary Of War, Mr. G. expressed great re-
spect: He said that he thought The Government owed
TO ITSELF well to the country, 10 make tits maui
ry. He hoped whatever may have been the conduct of
its subordinate officers, that those high authority yyoud
be found not to have wilfuy participated the violation
OF the tights Of the people.
Mr. G. ssid in conclusion, that lie considered the sub.
ut the
voved in IL; but that he did ee himself at liberty In
discuss those principles in the present stage the nyes
iiga ion
Mr.. Clay, of Alabama, rose to reply-but before he
proceed d, called for the reading OF an extract from the
sage Of Governor Gayle Legislature of Alabama
with view TO show how this entire subject was
at this time by the Government OF the State.
Ibe extract having been read
Mr. Jones requested the reading Of the correspondence
between the Governor and the Secretary of War and Of
the letters 10 The Commander OF Fort Mitchell SC
These papers having been read at the Clerks table
Mr. Clay resumed, and saJ that he had had these docu
mens read in order that the House might Judge of the
necessity or propriety OF such call contained i'm
tie resolution. The authorities Of the State of Alabama
maesily considered the whole matter as settled and he
could not perceive any practical object be attained by
adopting the resolution The which had been
read, had most OF them gone the rounds of the ne wspa
peTs, and The subject pretty generally understood
Governor Gayle appeared 10 be satisfied and the Leps-
iaIure oil Alabama had since passed law regulating this
whole matter OF intrusion on Indian lands, with which
The Executive OF the United States was satisfied The
Tact had been well known Tor months past that
tons had been instituted against the Deputy Marba and
all others who had heen concerned in The ath OF Ovens
IL was true that Maj Mcintosh the commander of Fort
Mi chel had at first refused admit the service of the
wr but the receipt Of instructions from fIe " ar
Department. he had not only permitted the process to he
served, but had given every facility that object The
case had assumed character wholly judicial and this