The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1856-07-31
L. 8. COMMISSIONERS OYYICE,
endofa Min Ter .Inlv 81 lahG

L. 8. COMMISSIONERS OFrIcE,
Mendoza, Min. Ter. July 81, 1856,
Col. G. F. SMITH, U. S. A.
Commanding Font Sneiiing,
Sir: beg leave TO acknowl
edge the receipt Of your favor in reference To
the case Of Maria Rabbelin, now committed
upon my warrant in default Of bail, in For,
Smelling had understood from Capt, Jones
the acting l.. 8. Marshal that you had recciv.
ed the prisoner in your custody for the reason
that you believed Il within the. legitimate' pro
vince OF your duty TO assist the Federal author.
tiles in the execution OF the laws Of Congress
and not particularly because Of the warrants
Of commitment, That. indeed, was matter
purely between yourself and Capt. JONES, and
] must take this opportunity OF expressing to
you my pleasure at your course in the affair
and for the prompt attention the authorities
received at Your hands. Your long connexion
with public life must have told you that the
warrants ofcommitment were in ordinary form
and were necessary in the premises. to exhibi,
lin case Of any attempt at habeas corpus) how,
by what authority, the prisoner was detained
and by yourself. BY the tone Of your letter,
deem il fair inference that there has been
some umbrsgc taken at the form Of the war
rants Of commitment, but no offence Of the pro
ceedings themselves. sincerely regret II this
be the case that such q misconstruction should
have occurrcd-for the ordinary form Of war
rant is, a. should judge, too familiar to Amer
lean citizens, to engender offence, or q breach
Of etiquette. As to my presumption 10 send
ing the warrant 10 yourself. that is o matter
which the laws Of the United States are re-
spousible for.--not myself | have the honor to
fill an important, constituted federal Office
integral portion OF the government itself. with
out the existence Of which Office, you will admit
the laws cannot be executed. Hence, il there
were no administration Of law. anarchy would
ineTitably ensue.
In the present case. instructions were Issued
from the Department at Washington to en-
deavor to stop. II possible, this outrageous
traffic in liquor with the Indians the dangers
OF which, I need not reiterate. Responding
promptly TO the Government. the Superinten
dent Of Indian Affairs, caused Capt. JoSEs
and myself TO leave for the Indian country. TO
hold . Court OF Inquiry 10 the matter. The
result has been that in the general principle Of
aiding in the execution d the laws 40 far ~
property would warrant" you have rcceived
The prisoner Maria Rabbelin II you deem
however, that this propriety has been outraged
by the issuance Of warrants Of commitment, and
Tor that reason. in your Judgment, you are now
debarred from the general prntPit Of aiding II
the execution Of the laws, you viii please &C
cept the explanation heretofore MENTIONED II
reference to hobeoi oorpus, I. the reason why
these warrants were directed TO yourself IL
reference TO the future disposition Of the prise
ner. have no farther connection or authority
in The matter. The L. s. Marshal il respoD
xibIs ior her body, not myself do not act Al
Judge and jalof in any case. desire to fol
81 Tie duties Of my position faithfully to tn
sovesnnrut and its policy in which desire
doubt not you chcerfuily reciproca,e. Fur
ther than this, | have no desire 10 wouD'
he essqsette OF officers Of the army, nor TO pre-
'srx spou them in any way whatever.
an Sir, very respectfully
Your ob't ervt. u. NosH,
Z. S. Commissioner, N 7.