New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-01-12


By command of Major General W. S.
Hancock. GEO. L. HARTSUFF,
jal2 Assistant Adjutant General.
Application for n Military COmmIssIOn
| Denied.
HRAP9UARTEas FFTI MILITARY A,, D,9TElcr,
| Uthes I the Secretary Of Civil Affair t5 Tos-
| His Excel!eney e. NJ. PeSse, Governor of Texas:
SIR-Breyet Major General J. J. Reynolds,
commanding district of Texas, in com
munication dated Austin, Texas, November
10, 1867, requests that military commission
may be ordered " for the trial of one G. W.
| Wall, and such other prisoners as may be
brought before it," and forwards in support
of the request the following papers;
First-A printed account taken from a
newspaper dated Uvalde, October =, 1867,
Contained in letter of james II, Taylor,
and in another from DR.. Ansell, United
States surgeon at Fort Inge), Of the murder
of r. W. Black, on the - day of October,
1867. In this account it is stated Mr. Black
was shot through the heart by G. w. Wall
"while lying on the counter at Mr.. Thomas's
storen
second-A letter of Judge G. H. Noonan
to Governor Pease, dated November 10, 1867
informing him that Wall, Ehacker, and
Pullism are in confinement in Uvalde county
for murder" In this letter it is asked;
/" Would it not be best to try them by mill
tary commissiong"
Third-A letter from Governor Pease,
dated Executive of Texas, Austin, Novem-
Der IL, 1861" in which the governor states
that he received a telegram from Judge
G. H. Hconan, an extract from which
transmit herewith" In the letter of the
governor the further statement is made that
"Uvalde county, where the prisoners are
confined, is on the extreme western frontier
of the state, and has only about one hundred
voters in a territory of about nine hundred
square miles, and he then adds: ut is not
probable that they (meaning the prisOners)
can be kept in confinement long enough
ever TO be tried by the civil courts Of that
county," and expresses the opinion that
they never can be brought to trial, unless
it is done before military commission"
And he therefore asks that a military COM
mission be ordered for their trial.
Prom an examination Of the papers sub
mitted to the commander of tho fifth mill
tary district, it does not appear that there
ia any indisposition or unwi linguess on the
part of the local civil tribunals to take ju-
risdiction Of, and to try the prisoners in
question; aud a suggestion made by the
governor thatit not probable the prisoners
can be kept in confinement long enough to
be tried by the civil courts, (and which is
apparently based on the fact that Uvalde
county is frontier county, and does not con
tain more than hundred voters), seems to
be the only foundation on which the re.
quest for the creation Of military com
mission is based. This. in the opinion of
the commanding general, is not sufficient
to Justify him in the exercise Of the extraor-
binary power vested in him by law ''to or.
ganize military commissions or tribunalsR
for the trial of persons charged with often.
ses against the laws Of state.
It il true that the third section Of can act
to provide for the more efficient government
Of the rebel states,n makes 1t the duty Of the
commanders Of military districts to pun.
ish. or cause to be punished, all dist1rbers
Of the public peace end criminals ~ but the
same section also declares that " to that end
he may allow local civil tribunals to take
Jurisdiction Of, and to try ohenders,u The
further power given to him 10 the same sec.
ton, "a when in his Judgment It may be ne
eessary for the trial Of OFFENDERS" 70 organ
lie military commissions for that purpose, il
an extraordinary power, and from It's very
nature, should be exercised for the trial Of
offenders against the laws Of state, only in
the extraordinary event that the local civil
tribunals are unwilling or unable TO enforce
the laws against crimes.
As this tins the country Is IN state Of
profound peace. Tho state government Of
Texas, organised in subordlnation to che
authority Of The government q the United
States, i Ia tue flll exercise Of all 10 pfoper
powers. The courts daily empowered to
administer the laws and 70 punish an
offenders against those laws are in exist
ence. No uHWillingnea1 on the part Of these
courts is suggested 70 inquire into the
ofenses with which the prisoners IN cues
tion are charged nor are any distractions
Whatever Ia the way Of enforcing tie lava
against them safd TO exist Under such
circumstances there Is no good ground Tor
The exercise Oh Che extraordinary power
vested 10 tie commander 70 organiEe )
military cammlssion faF the iIial ef ths
uaaaoaa eanfad
ItwlAi b aSSetisE 81 profound regret 70