Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1867-08-24

to allot 10 eieh iusc, Ne near pmtHeahlr thirty
two week, of judicial labor IN g,rh yrar,
Tho election of dsci took plnccai The same tmo ihe
ameath,onus tp ~, constitution woIo N0ioI uloh.-
Hence the juigcs know, that if thg constitutional
amendments we're tatihel ~ tile poIle sonr of them
he oriinancc page II, No. H. ofc constitution hsnr
with sent Soc also acts " the Icgi-lRin page, 20
Rnd 2S--rsdstrictlng the Sate) ~ reference 10 the
ordinance n viii Ne observed thn, Il wns adopted
~ Of March, l-j6 and tho election took place tho iu
I lowing jun" The acts Of the Lo5-lainrcNrfo lnssod
October llth 1865 TO take ccct 5ist December follow
Tho special ordoy ro6rrod to would lead 70 the IN,
prosslon that only two disricfs wefo abolished Tho
order declares tho law OF the lllh oi October ls,
which Abolished The fourth and eicreph disirlctsyoii
hut says nothing Of the act of the same daio viii h
also declared tho lth aud llth aud other districts
abolished. The difference between the two nets con-
slstlng In ihslhat tho FIRST act abolished tho 9th,
7th, 1lih iil, 17th aud lth dlstrlct, and the sup
plcmentn act amended this tho 18th section OF the
law) by leaving tho iourt oenth district ont, aud ro
tidng II ~ oneof theirAltnl districts Of the Smte
Thus II will be seen, that the Legislature a'ted IN
pursuance of an ordinance q tho convention, anl
abolished nee instoad II hro OF tho Judicial disttcts
1t srospectillly submitied, that there y no war
ran authority orlaw, either National or State to
sustain Tho legality special order No. %, horcn
referred 10. II tlS order Is permitted to remain IN
force 70 wiillcaj to tho most serious confusion and
| Inconvenience In the due enforcement and admlnis'
tratlon oftio laws Four judges viii exercise juris.
diction In two districts and other judges not affected
by this order will also be holding courts n ono Of tho
old districts attempted to 10 restored Ifthcdgcs
are restored as Consequence the attorneys
elected when they wcre must also DO restored II
person, arc thus to bo forced into Office, when there
Is State law provlccd for tho exercise OF their fc
tions II Ia presumed the saino power VIII enforce
payment for their salaries when there aro no laws
appropriations under which they can bo paid. Your
Exccenoys o. ry attention and action arc earnest
and respectfully solicited, with tho hope that tho
Executive of Texas, may be notified OF whatever ae-
tion Is deemed proper In the premises. i i .'-'
| The Executive OF Texas would further submit, for
the information and consideration OF the President,
tho fact, that by order of Drevet Major General Chas
Griffin, commanding District Of Texas, tho Judges
and the dist attorneys OF this State have been re-
quired to dismiss prosecutions for criminal offences
against tho laws Of the State In some instances me
papers aud records of tho courts pertaining to par
tcular cases. have been destroyed by order OF the
military aut horitics 'f''''f ''''' ~
Herewith 10 inclosed q communication from Major
General Griffin to the Executive of The State OF date
May 1ith 1867, in which the General expresses hls
desire, that the indictment reierred to 10 dismissed
from .he docket und set aside, To this was replied
OF Goth same month, that the Governor of Texas had
no such l,wer anu . would DO violation Of the law
for him to assu;ao II, but tia: " 1t was Intended as
an orar to bc transmitted to tho district udge ami
attorney, that tho komo would be done, &C.. ~ en-
swer to which iic letter ihciosed, Of tho 27ah May
was recoiyedi stating that tho necessary ORDERS ha
been issued to the commanding oiicer Of the post
Austin. iegl GNl9 yttl ~ lbN't" 'l,g.'
Tho letter of j. G. Mcfarland. report of LicuteE:
to- t FSnlS sanam1atiiShs H iffi q SSr General
iS IS Is 4 s%ssod 70 q ssmsrs "1
onod in tho Jail at Austin, rescd and confln-
cd for some oaths ordei Of the military author
Il files, VINO commanded, III this state during Gov
IIailions nd minist -ation-.ld. some Of them were
released upon application made to tho, rroYisignal
judge,A appointed by Cow Hamilton and osnnrs
were released by order Of the military, and scnt ctQ
their respective counties for trial by the civil au'
thorites, bco the formation Of tho present. State
| government. 1t L. suggested, that the statement
made by lieutenant Richardson Is based upon pdte
testimony, hunted up In different localities and not
witnesses, and pdi oftIs iihes es o parties ho are
indicted, and frh9,a ne or ptedcd 10 relieee. laN
Also enclosed are orders from Breyet Brig General
James 0alles, commanding posi- Austin ismiss
certain causes marked 49, and 81, also orders from
Lieutenant Pininnier, eofnhtardiis post at Prairie
Loa, marked "2p aud 90, with tho letters Of Hon.
John ireland, Judge Of the district court transmit
ting said orders othc department. u VIII be OBJ
served that lllis power OF tie Dismissal OF sia from
the courts Of the state isexercisei by the coniniard
ing General Of the distlirt, and by officers of lower
rank, down to a lieutauant commapdlng a sqund.
1t is not an tal gilat uuder tlt' tlte acts of Com
gress the military Commanders Of the different dis
tricls have the power to r-ihfrdic FIR tafbefo mill
ary tribunals where the State courts fail to
administer justice. But il IL submitted whctherth'
power is granted, either in those other laws I" H.
lly dispose of such causes, without having the par.
ties causes tried by military court. If no such
power is granted exists, snci action and orders
are invited as may bo proper. If the power hasbee
properly exercised, such information is respectfully
'iI With great resrettl' T2la7Ss' "a @a
''- ''p'a ''H J. ". .TilRoCKMOETON,
... u.9.f.t I5dmHi 9'GVyeriior of Foxas.
On the 3D. Of Julyd | addressed General
Griffin as folows;. see a,gsaF .usava7D
furnish me cepy IL tiic instf,,ti6ns Issued 10 the
boards OF registration icrthrir observance
y.r ,... III u have the honor to be,n &c. "a
To which the following reply was recelY7
80, nd ,r,,! .,ssa, .gsI gouJ lyam9I o.
.aeg,rI 6aisertnIdTexas, sth duly 1867: II r'i1
70 Dis FrceHTeH.J, w Tnn?ckn2aTQs,, .rai.
| SIR u In mpliance with youIequesi rdpnstan,'
enclose copies Of circular orders nom these hcah-
qarters No. ~, H. 1G 49, aud 20, bci''S instructions
published for the ob,eryonee of the boards of regis
iration have the honor to be, Ne,
s- "a Very rcsp'ly, Your oht SERVANT, 1lG. =
- CHAS. GRIFFIN,
Breset Md Genl '
The receipt of the above was acknowl-
edged ns follows; ''' "'187''l 's@
= 7gr In sc,r,vl pseARraEsr,s ,sTrxAs, #
-,i,..y Autip,Juy l3ib, lsOl.1 Jaagi
/ M,jdr General GHIsrIs,
t,nmru1ipq- -tJia Ttyds, GdY,eions
GESERAL;-- Iahaye tho nnor 20 nrkiio~ ledge yonr
favor oi Sh Just, inclosing circular orders SYIlS
10, ID, 19and 80, 10 answer 70 niino OF the 3rd III
WHICH nskcl for cpy Of fihetpsirafli9ns issued 10
the boards OF registration for Fieir obsgrvance."
In conee ton vii h III is srilgeetI hstwith enclose
"nS n!, SS s' S"i s SeS s fa
ing; at rast have 20 rouidctstood rfpm ieinble au-
thor'y beg to know if e same m'si' Yip' yo'
81 frp lam, fi,pcrals sgV gyiiai 9ai indi
/ sF % uri Your Ihelicuf sefvant ~ 80
Eaa isDt hHa w.TlIRocKmoEToN,' :" 7,
ral D . sHfb sghd naiHGp,Tnotuoii feNHs 20
The following arc the rules referred TO
above, aud which have governed other
boards it, the state, and IL is presumed all
of tlIem' ir1l 20 HsiiT.4 ''sl' ti "a
ia,Ieniorsn,ia Of iqaaliacatIns for guidance. q
the boards OF rcgi.lratipn undor the military b,h
la ssed Match md lss7, aud tlr AL -of congress sup
llrmeniary thereto, passel March Sid, lsdyI "a
II Rvcfy person whO has Acted as senate or orrcp-
resrntaii,e IN eongTess'.J u y d1LiGul,l.t =
rre.l.Iany - - y '.'i II fSffdTl
rs Every person who held any pusitiSsp ihe ar
my or navy Of the United states. 40 lYIiK, i
81 All persons Ailn held any position under tho
I,Ited Stsles. in hch they were required 10 takean
oath l-lsreth ey entered HPonihe dqits cfthe ohice.
such as a1eers in the custom honic shrk and pos.
ofice indgeslind al ogie.rs ,of fhe Upted states
eSarts eierl- a,shAs ana their DEPUTIES, eoinmis-
tioncrs and gil-ri ! Z TainrFnE tsg9f't'fa lad
as, All~ho havc he'd any qiiee in any STAT. IN
der ne ousiltiden and laws of siic siaie in frce
tror to Fslraary let. isi .such goseruor, state
senator sr representative .rrfary ef state. froasa
rer, cgmVroller auditor com ssoner Of land oihee
e,ots ard depny Surveyors of district. county
survr-orS, tufgr~uf fhe cuerts.cnuiiy commission.
ers f,asaIer-, iasoes OF r~ac clerks u ecurfEand
deputies -rlns aid depues- constablte ahd dtpu
tea tar ofs sOrs ners, police, iufors,
ancfiehecrs pilots. LarBsr sasicrs icsprdervo ol CEN
tevarees and rorieaks cdaniy recorders, Doiares
tahfir q s,i al o mmissirbri ohloers 10 the s'st
nliIifia ans puIsOa NbA lrs aefed ~ mayor, 81
town " ft. frrasrrr. crfrTffnilcr, recorder, aver
M n p-sfiant nlerInan- r.nr fax collecior az
mir rufor the rhpriy ho itnl, ard menlFF ol
ties board % heaiih eohfmi-sicuer 81 eleciisQ- aud
hisefks cl.ief II police, iieuienaut Of FolNe and
tesu ~ effr rnorthaI aud III Who have scrved on the
tsrce waraens and usalef wardens ~ county pris-
ous or -.rk houses; board " srhoo directors, cit
sufvrysrs and d4rhfies, ttftct cDvmissi0ners and
derutirs cly aftnrnfy and assistant attorneys, an
rriHtendenf 81 puiiir schools Inspectors cffohacco,
fanr heef rsrk and Nsi girrs an niea urers. man
ag-rs and surrriuis n-ufs ~ ire-orF n the a-tun
90 deaf and tunb, Hind aHd irnafic, and sNtons of
c-nfferies-
90 An uhn. IN iss2 aai is'i, regisisrei lien
- a. hfaIa 80 iHai frli's tiih Iur~rs frcin
. al r.4lressr fafffes ct fsrrirn fifsrfL
siAny f,lrscr rhn, NJ uuy timr, heii any ~ The
ui.r- afssa. anf rtd afrruaris en-a=e4 in there
trsililu asaia-i fh- Jsiiei siHis-'
Il viii p s-en. By refercuce 10 the orders
mentioned, % vii Is, :, l6, - aud 20
that nona q ihcm have n the remotesi de-
gree. any relation 10 the memoranda ns
Instructors upcn which the boards a rC