New-York tribune., 1868-01-18
HEADQUARTERS FIFTH MILITARY DISTRICT
Office Of Secretary for Civil Affairs.
NVW-ORyEANs Ia Dec gS 1867.

HEADQUARTERS FIFTH MILITARY DisTRIcr)
Office Of Secretary for Civil Affairs.
NEw-ORIEANs La, Dec %, 1867.
His Excelicncy +. NJ. PEAsE, Gora7,or Of 1eras;
SIR-Brevet Mstor-Gen. j. j. Reynolds commanding
ordered for the trial of G. W. Wall and such other
support OF the request the following papers;
Frsf printed account taken from ne spapeT dated
or and in another from Dr. Ansel u g. Surgeon at Fort
Ingel of the murder Of T. W. Black on the day OF Oc
tober 1861 In this account 1t is stated. Mr. Black was
shOt through the heart by q. W. WALL while lying on
the counter at Mr. Thomas's store ~.
Second letter OF Judge q. II. N0Onan 70 Gov. Pease
dated Nov. 10. 1867 informing him that wall Ehacker
and Puan are IN IN Gvade o OUnh mt ot
try them BY military dated "r,ocu,vo o.
TeYas Austin Nov H. 1867" I'm which the Governor
states that he "receiyed telegram from Judge g: H.
Noonan, extract from which transmit herewith" IN
that Uvalde County where the prisoners are confined
only about 100 in territory of about 900 square
miles" and he then adds ut ia not probable that they
enough be tried by the civil courts of that county
and expresses the opinion that tney never can De
mission" And he therefore asks that military commits
sion be ordered for their trial.
commandeT Of the Fifth Military District il does not ap
pear that there any disposition or unwilDgness on the
part the local civil tribunals TO take jurisdiction OF and
TO try the prisoners in question; and suggestion made
by the that is not probable the prisoners can
civil land which Is apparently based on the TACT
n frontier county, anu does not
contain than 100 voters) seems to be the only
foundation which tho request Tor the creation OF
military commission s based THIS, In the opinion OF the
Commanding General is not sufficient to justify him In
the of the extraordinary power vested III MN Dy
law "tO organize military commissions or tribunals Tor
the trial of persons charged with ohehses against INC
laws of a State ~ .,,
for the more ccent government OF the Rebel States
makes the duty OF the commanders OF military districts
pnblc peace and criminals :" but the section also
declares that to that end he may allow local civil rlbu
s.lr. Nfah or nf md
further power given to HIM in the same section when
his Judgment it may be necessary for ihe trial OF
offenders organize military commissions Tor that pur
pose is an extraordinary power and from its very nature
should be exercised for the trial OF offenders against the
laws OF only in the extraordinary event that the
local civil tribunals are unwilling or unable 10 enforce the
At tls time the country is in profound peace.
The Government Of Texas, organized in suDordna
on to the authority OF the Government m en- OF tne oneS
The courts duly empowered TO administer the laws ana
to punish all Offenders agsinst tnost law" aio ny AZ en E
suggested inquire into the ofenses with which the
prisoners III question q @ -, Scug The laws aoanst them
said 10 exist Under such circumstances there IA no good
ronnd for the exercise of the extraordinary power vested
In the Commander To organize military commission for
the trial OF the persons named
II must DO matter OF profound regret to all who value
constitutional government, that there should be occa
sions in times Of civil cOmmOon, when the pubic good
imDeIatiyely requires the Intervention OF the military
power for the repression OF disorders the body polite
and for the punishment OF oicnses against the exsting
orTe u bnt that The Intervention Of this power should be
called for suggested by civil magistrates when
the longer silent, and civil magistrates are
possessed their respective spheres Of all the powers
necessary give effect 70 the laws excites the surprise
of the Commander OF the Fifth Military District
In his view IT is Of evil example, and full OF danger TO
the cause OF freedom and good government that the ex
ercise Of the military through military riDunas
created for the trial OF ofenses against the civil aw
should he permitted, when the ordinary powers OF
the existing State are ample Tor the punish
ment OF offenders II those charged with the adninstra-
tion Of the faithful III tho discharge OF their
duties. 49,
II the the disposal of tho State authorities
insufficient to secure the confinement OF the persons
state Texas to the General Commanding there until
they can DO legally tried on the fct being made known
20 him. the Commander OF the District VIII supply the
retain them In confinement ana the Coinnahd-
ing officer of the troops In Texas is so authorized TO act
IL there existence which Justify appre
henson that the prisoners cannot be fairly ted in that
county let the proper civil officers have the venue
changed for the trial provided forby tho laws Texas
In the opinion OF the Commander OF the Fifth Military
District the existing government OK the state OF Texas
Promp trial OF the prisoners In question in due course OF
II these powers are not exercised that purpose
failure to exercise the can he attributed only TO the IN
dOlenee or culpablo iDeilcency OF the officers now
charged With the execution aud enforcement OF the
under the authority OF the state Government and II
part OF those officers execute the laws II will then
become the duty the commander the officers
replace them with others who Will discharge them.
Should these means fall. and IL be found further
sons among the people exercising political power
Texas supply the public with officers who viii enforce
the Commander Of the Fifth Military District 70 exercise
the powers vested IN him by the acts OF Congress under
majesty Of the law But until such necessity shown to
exist is not the intention Of the Commanding General
htbg to make this known to the Governor
Of Texas aud through hun to the people Of the State at
| large. Very respectfully. your 0bedent servant,
| W. G. MITCHELL. Byt; Lt-CoL y = A..
| oAical: r. CHANDLER. Captain, Assistsntsecre,sry