The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1865-10-13
orr PROVISIONAL COURTS

AdN"'''' II,
Judge (Whi'c)are one and the same
person -
U.LLgrTsvILLE, Sept. l3, 1868
n, Monday last the District Cour,
.s called present the Judge
Tsomas A Hester, Clerk a K.
ro.,er sheriff and Wesley Ogden,
n,J,ict Attorney il appearing
'h., no Grand Jury bad been sum
med the Judge mad. nm evdcr for
.hs array to be summoned to appear
=, 10 O'clock Tuesday which done.
Tuesday the jury was empanne'cd
and charged as required by Law
There VAS nothing peculiar or re
m.rsable in the charge that | discoy-
a-ed a, the time but since, | zee in
,he Galveston News of the ll,h, that
us Hon. |. " Cooper, in Crockett
,.,ye different charge as to former
Ives lie charged that in law.
these persons stood IN the relation OF
kite men bills Of Indictment could'
he found against them as against
,t;,c men. and thew were subject to
the same punishment Our Judge
,b,rgcl tina, they were on the same
c,o,,ng in law as free men of color,
hat there were as to them bat two
,l,ssc. of offences felony and petty of
fences that the punishment for the
dr,, j. death. for the latter whipping.
,ba, the grand jury had to deal with
the frs, only, that the latter was
cornizsblc hy Justices Of the Peace
and that he would take occasion to
,,wark that the Office was one Of
rrc,, Importance TO society for the
reason that class of people of great
numbers unused to liberty were
thrown at once into the community.
That petty offences would be na'u
raj result, and that u promp, admin
iIra'ion Of the law is the only safe
guard to society
The Judge also charged the ipa,
that the penal laws Of the State which
related merely to the municipal gov
crnmert were of equal force whether
rasfel before or after secession that
The moral obligations of individuals
10 the community are always the
same under whatever form Of govern
ment and that no community had
ever been denied its own police reg
ulariens. whatever might be Its ale.
glance or association with other pow
ers
| have omitted to say that counsel
at the bar challenged the array Of
tho grand jury ON the ground that
the Judge and Sheriff by virtue Of
their commissions from the Proyis
toual Governor A. J Hamilton were
not authorized by the constitution
and laws Of Texas to order and sum.
mon said jury
The Jugc decided that whatever
N -ht be argued against the array
au abstract or theoretical principle
TINT in this case We have facts To deal
with. which facts control any ohiec
tons which can BE brought 10 bear
f.,. Il. 'N1' ''',' se'. ''s.'
rap..,, ~. "''i'..,' 'h'I-
thai ,bcy ,.seriaj th,;; ,'' " I, a .31
,rcwhrrship with .pcl f,-., ~ f.,
,ornres. All opra.i,i,p and 5e.i,rsg
..a Sate officer, rs,.r. and d,-,paii
Gal =, c,c~.;s,. ,l,. r,a.t.,s ~ ~
6fc tbey c,u.al n j.a-,,piz,i ION
/, tho Set. which g,u.} i,,, .v,-.
c;s., , rr,,;.i.., az H.. H.. t.,,l r.,
s.it,ti6n which .y,,r,.tcs. =, c,.b
and cycry STATE rarphli,,, c,rr, ,c
,.,ycrpmcp. and ,i., tho ,r,,;.;,,
which shall he necessary ana rror
cr for CARRYING into execution fic
FOREGOING power. Nv virtue of
these proyiops Governor Hamilton is
a legitimate Goyernor and this Cont
a legitimate Cour, authorized Ia try
the cause at bar
On Wednesday the case of the
Statevs Richard lusall wa.ealleland
counsel for defence moved to auaSh
the Indictment, because the grand
Jury that found the Indictment and
the judge who ordered the grand Jury
were citizens of Texas. which at that
time, before and after. wasa member of
the Confcderacy. and argued hv Mr.
Safe, Mr.. Martin. and Mr. Tcyis.
Esdrs But the Court said that the
State Of Texas had no political exist
cncc during the civil war. extending
from the ordinance of secession to
the SURRENDER " '"e "nl,'''"'V ~
my. Inc Judge salu that III ms
opinion the motion could not he man
tanned that through any change in
tho fnrm of Government the body
,,ol;,;o r,,,,;,n1 Tho soma tho r.l9
,;.n e 49, =, nan 49, ~ an, anal
IN In" '. ~ '',i " ,'''' -. ,. s 49,
al lhuINlunalS 10 So'l'N "''V 'n'
same that the moral duties ana OBJ
legations through all political changes
were the same that If this was SO.
as 10 changes IN the STATE l'r''''