The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1867-01-07

Rebel PFOsecu ion OF ten. HeIntzeI.
,man-lntfresting COrFesp ndtace
Of ten. meiniZelman and Judge
BaldW,n-GOV. ThrOckmOrt0n.

New ORLEANS, Jan. 6-Some days
since, a cdpiis was served on Major
General lie ntz eman by Justice
of1Guadalupe County. charging him
with th,' commission of some offcnsey
against the laws Of Texas. comm tied
tlya suhord nate officer acting under
his orders, aud who lad received his
orders from superior authority. Gen.
He nfz EN- N refused 10 c0mp'y W tn
the suinmlns to appear before Ju lge9
Baldwin. United StaIes District At
torn4y, in the fDllow.ng letter, to-
wh ch a synopsis of his rep y is ate
8 g "GALvEsroN. Dec. 26, 1866. d
!" Judg} u. ID BHttioih, !iU.9.I.S. DIS
I t}Stcf 2dtf6rneg. lIf9as on, T,:cas:, q q d
My DEAR SiR-A lew days since
I was seive1 with capias from sSegu :,
tiuadalupe County, Texas by Judge
ireland. m6tori0u,y disloyai L re- (
piled by furnishing him with thei
orders under which [ acted, and, the
le,teri OF my ,Adjutant Generaiii iin=F
closing It to the Agent Of the Ere ID :
men's Bureau at Seguin He as
been indict, d Tor THEFT, for acts com
mitted by another under that order.
Neither he nor l went to Seguin
The present disturbed condition of
the country vii. not adult Of my
leaving my post. I would not deem
my life safe in the hands of,
the Texas authorities, as [
know two ind ylduas. re emily
taken from the jail in Benton, Bed
County, Texas, by IL mob and put to
death There is a strong feeling
against ali,s,ffi- ers who have been in
any way INSTRUMENTAL in su ia n;ng
the Uu ted States, aud e pecia ly those
connected iu any WY with the reed
mems bureau. Tne evident object of
this process is to anaay7 and Cypress
me for performing my duty, and
through me to throw d scredit upon
United States authorit e' in this
State. / remain yours, tru Y,
8 = ,S p. HEINTZELMAN,
BreIet NJ Genrra ;"
Judge Baldw n sustained the pos
ton of Gen He ,ntzeluan III an elabU-
rate opinion.
Chief Justice fancy, in the case Of
Alabama vs.. Booth. (reported in Il
Howard. at page 523). said the State
authorizes could never have at
tempfed so grave an offence against
the majesty Of the laws OF the
Un tea States as TO have lm-
prisoned one officer and attempted
the Imprisonment OF others, while
in the d scharse of sworii and i'm
perative national and official duties
No State. Judge or court, after
they are off .ially mo med th, t
the party Is impr Soned under the au
thor.ty oi the United States, has any
right to inter ere with him or to re-
dlrire him ta be brought before them,
and if the authority of State in the
form OF jud lai1precess or 0therw Sc.
should attempt to control the Mr.
shal or her author ties. officer or
other agent of the United States, in
any respect, in the custody of the pris-
oner. it would he his duty to resist it,
and to call to his aid any force that
m ght be necessary to maintain the
authority OF the law against illegal in
terlerence. The pith aud moment
III The ease summed IL : mp Y that Of
fees OF the United States obey ne
the Or.ers Of his superior a. in this
instance, cannot be u'erfered with by
STATE authnrlty The question as to
the proprlety Of your proceedings can
be raised only by thn power that
placed you here, and bade you do that
/ thing. As well might the Presi-
dent of the United States he
dragged from q. Cabinet on civ
process. for signing the death war;
rants of the conspirators as for you, to
he carried away from your post on