New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-01-25
q THE DISTURBANCE AT MAR
SHALL.

1t appears that the late disturbance at
Marshall, Texas, has not yet been satisfac-
torily settled. The reply to an inquiry of
General Reynolds would indicate modia-
cation of the views of the commanding
general as to the applicability Of civil law
to all cases. He broadly hints, however,
that unless civil officers perform their du-
ties they will be discharged. This will
cause the discharge of all juries who bring
in Verdicts contrary to law and fact. 1t is
hardly likely that the regulation will affect
this class of civil officers favOrably. With
out unanimous jury no civil tribunal can
convict or punish any offender, and it is
quite impossible to find twelve men in the
panel of a Texas jury who will bring in
verdict of guilty against persons who
have done nothing more than break up a
Republican meeting, and shot an abolition
ist or two. A trial there by such tribunal
will surely result in acquittal The follow
ing is copy of the letter to General Rey.
nolds:
HEADQUARTERS FIFIH MILITARY DISTRICT,
Office "A Secretary for Owl Aifai s.
New Orleans, La January Il, 1868
Brevet Major General j. j. Reynolds, Commanding
District of Texas:
GENERAL--I am directed by the major
general commanding to acknowledge re-
ceipt of your letter of the 9th instant TO-
gether with copies of kilograms and other
documents, showing that disturbance was
created at public meeting in Marshall
Texas, and the arrest of certain parties by
the military authority aHd the release Ol
said parties by writ Of habeas corpus. You
also ask for instructionsu the following
points +" When a military officer makes an
arrest of civilian, shall the latter be de-
livered up at once on the application oi
himself or friends to the civil authority, as
was done at Marshall, or shall the military
officer hold the civilian in custody until the
case shall have been reported and acted
upon at this or superior headquarters ~
In reply Major General Hancock directs
ne to say, by virtue Of the third section OF
the act of congress Of the I'd of March,
1867, il is made the duty of the district
commanders "to punish or eaIfke to be
punished all disturbeTs of the public peace,
and criminals, and TO this end, he may
allow local civil tribunals to take jurisdic
tiOn of, aud try offenders, or, when in his
judgment it may be necessary for the trial
o, offenders, he shall have power to organ-
ize military commissions or tribunals for
that purpose," etc.
1t is obvious that it is lett optional with
the district commander to determine before
what courts offenders shall be tried. When
the accused is turned over for trial TO the
civil tribunals, he is subject to their Gus
tody and jurisdiction, and he must neces-
sarily be turned over forthwith to the
proper civil officers for that purpose; for in
that class Of cases the military can exercise
no control over the civil authority. II, on
the contrary, the offender is to be tried by
e military commission or tribunal, he Is
held 10 she custody Of the military, and the
civil courts are forbidden to interfere under
color Of state authority.
These two classes OF cases are entirely
distinct, and different rules apply to them.
General orders No. 40, frOm these head
quarters, expressly refers to this distinction.
In proper cases the offender may be held
for a sufficient length Of time to enable the
comnanding general TO determine whether
the party ought 10 be tried by military
commission. When writ Of habeas cor
pus issues In cases submitted to military
Jurisdiction, a return Of that fact is sufi-
cient, and the civil court is bound at once
to dismiss the application. When the re-
port Of Colonel Wood, special alinspeetor, in
reference to this aRair is received, further
specific orders will be given in this case.
It is the intention Of the major general
commanding TO support the civil authorities
where they reqaire assistance, and to that
end he win discharge all civil officers who
fail 10 perform their duties.
Fer further advice as TO yonr proposed
aetion on this subject SEQ letter to Gov
ernor Pease, copies OF which have been
furnished you.
am sir, very respectfully your obedient
servant, ROBERT CHANDLER,