New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-01-21
BORT i0arocn's AToiire.
TEXAS

THE CONFLICT or CIVIL AND MILITARY AUTHORITY.
Cen Heintzelman Dee. % 1895, previous to his TO.
mOval from the command OF the Department. "
Texas, summoned 10 appear before civil court,
charged with some offense against the laws Of the
State. lie refused to obey, and sent the following
letter to United States Daa ~ ar
JudQe j. j. BALDwIN. U. S. DiSi1e'AHo'"ey HoH'soN.
Ny DEAR STR; A few days since I was served with a
caDids from Seguin Guadaloupe County Texas Issued ~
Judge Ireland VIGOROUSLY dslOya Ircped by furnish,
ing the orders under which acted, and the letter OF my
Adutant General. inclOsng II 10 the Agent Oh iS ftee-
mems Bureau at segun. COPIES inclosed) He has Deea
indicted for Met for acts committed by another unnor
that order. Neither he or went 20 seguln ., ,,o,
The present disturbed condition 0f the country WI" nov
admit of my leaving my post. . , 80. ~.
wOuldnot deem my life safe IN the hands OF me Iea3
authorities know two individuals who were recently
taken from the jail in Bolton, Bell County deXss, ny
mob, and put to death There strong feeling aganse
all officers who have been IN any way nsLunenIn IN
sustaining the United states laws, particularly those con-
neced with the freedmens bureau Ihe eyneE 1yGcs
OF this process Is 10 annoy and Cypress me fo peioim9
my duty and through me to throw dl5cTedt upon ths
YOURS S. p. TETNTZELMAE, Breyet MalorGen.
Judge Baldwlns opinion, winch Is important - Is
the following effect. After quoting nom a decisoa
of Chief Justice fancy, he Says:
The language used in this decision and the conclusion
arrived at need no comment ne pin ana moment os
the summed mp i simply ths an officer ol , ,hs
United States obeyng the orders OF ms superior as IN t
instance cannot he htcrfered with by State authority .
The question as to the propriey OF your @ IS
inquirabe into only by the power mat paGd you Huc
OF the United states be dragged from Cabinet COUNCIL
on civil process signing the death warrants OF the oop'
on r eS rs or oBeying your duty II you have dons
wrong, the law points out clear ana potent reniey.
The Presdent and the whole War Department have Deycr
yet shirked their duty when complaints have eoen justly
made. The Judge at segnn should nave lald ms o9'i
plant before the President and not have attempted 70
thwart and bring discredit upon the Government ~ an
unlawful and inatured attempt TO annoy ana oppose
faithful officer who has proved his high character ts
terrible fields of war. think your conduct ~ cns MAJ
ter has been proper and becoming heroic officer VINO
loves his country and his countiy's laws.
BISHOP SIMPSONS vIsIr-GEY. HEINIzELMAN's LET
r. TOP
BAIDwN-rHE LABOR LAWS NULLuTD By GEN.
KIDDoO.
O'''''' GALyESroy, Jan. :, 1857.
Bishop Simpson leaves here on his return north.
ward today His visit has been brief, lasting only
week embracing two sabbaths. on both Of when as
has preached to fun houses making most excellent n'
pesons on all who have heard him His large and cato.
Ole spirit lis dcyOut aud fcryd manner the ueptn tna
which have marked his discOuscs, have won All
hearts and there are many who viii sincerely re2ios
that his stay could not have been prolonged lie was loe
invited 10 preach in the only Methodist Chlreh IN t9s
nioce FOR reasons which probably satisfactory 70
those having control Of the house and OF The rst sun
benz without fire on one OF the coolest mornings OF tbs
year, rendered the place very unGoinlorlae Dus tT9
elQauence of the great divine held the audience spe
bound throughout Yesterday ny the courtesy ~
House was opened, ana the Bishop preached again.
The Bishop attended the opening OF The Texas C1net'
ceiyed The particular object Of the visit OF Bishop Snip
Understand had reference TO the gathering ana e
so far as measures for tie union and protection OF tina
GLASS are concerned. 80. -, 49,.
The conflict between the civil and military authorities
I'm Texas has resulted in the letter OF Cen Helm lcnan
late commanding this department In which lac dectatos
he would not consider his life safe IN the hands OF the
civil authorities OF Texas" believe the General now
ever would qualify his statement somewhat, II gsEed 20
fully explain himself, and would make his declaration
apply only to those parts OF the state where such ao OF
lawless violence have occurred as he mentioiS.
do not think for instance. that In the towns where tere
Is an organized police and where any wei conducted
newspaper is published, that any prisoner Legally cs
victed would be in danger OF being lynched ABROAD,
however the scandal ~ the outrage referred 10 ny te
General naturally. and very justly. attaches to ne entire
State while the affair Is permitted 70 rest without mVef
tigatfon, and the actors To escape with IMMUNITY. .
This letter. and the opinion II United states Dstcs
Attorney d. j. Baldwin declaring exempt from arrest
Officers Of the army and others acting under authority
the President will produce much iheehng necessarily,
and some people predict evil results from generally IN
the state ,,, -.
Gen Kiddoo has felt himself obliged 10 disregard IN?
labor law enacted by the late Legislature Of Texas ana
To instruct his subasSistants not To approve any contracts
made under and by virtue OF IT, His reasons are that por
tons OF the law virtually reduce the negro 10 ms Ola con-
don Of Servitude. IL IL presumed he would not nave
taken 80 important n step without FIRST having obtained
the approval OF superior authority and probably for thu
and other the press at present are silent on Una
uftftf