The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-01-11
Civil Against Military AuthorIty- Lette %
Gov. Pease, OF Texas. fsom Gen. Hancock,
Secretary for Civil Affair.".

secretary sIaM k a G1 P R1S.
! New Orleans La. Dee. %, 1861 }
| his Ezoellency, E. Pease Governor of Texas:
! ST-Brevet Major General Reynolds. command.
! ing district OF Texas, in a communication dated
/ Austin, Texas, November ID, 1867, requests that
military commission may be ordered "for the
uial of ole q. w. Wal, and such other Drisoners
as msy be brought before It," and forwards in
! support Of the request the following papers
Il. A printed account taken from a newspaper
dated Uyalde, October =, 1867. CONTAINED in
| !etier of James II. Taylor, aud in another from
| Dr. Ansel, United States surgeon at Fort Inre !
Of the murder Of r. w. Black, on the - day of
October, 1867. In this account is is stated Mr.
Black was shot through the heart By G. W. Wall
while lying On the counter of Mr.. Thomass
store.n
l. letter Of Judge G. Fl. Noonan to Gov.
Pesse, dated Nov. 10, 1867, informing him that
Wall. Ebacker aud Pulliam are in confinement
III Uvsde county for murder" 10 this letter il il
asked: Would it not be best to try them by
military commission ,"
3. A letter from Gov. Pease, dated Execu
tive OF Texas, Austin, Nov. IL, 1867 b" in which
the governor states that he received a telegram
from Judge G. II. Noonan, an extract from
which trsDsmit herewith" la the letter of the
governor the further statement is made that
Uvalde county, where the prisoners are con.
fired, is on the extreme western frontier of tba
: tate, aid has only about one hundred voters ia
Territory Of about nine hundred square mielu
AID be then Odds " Il IL not probable that thew
meaning The pr,s0ners) can be kept iu confne.
Went lOrg enough ever TO be tried bv the civil
courts Of that county" and expresses his opinion
that they ntver =" can be brought TO trial, unless
il is done before a military Commission" And
he, therefore, asks that military CON mission be
ordered for their trial.
From an examination of the papers submitted
TO the commander Of the fifth military district il
JOes not appear that there is any indisposiln or
unvilngness on the part of the local civil tri-
burals 10 take j1rjsd ction of, and to try the
plieoT and a ID h.
the eOyttpor that II is not probable the prisoners
can be Kept in confinement long enough 70 be
iried by the civil courts. (aHd which is apparently
based On tie fact thst Uvalde county is a frontier
county. and does not contain more than hun
dred voters seems to be the only foundation o.
which the request for the creation of a miiitlrv
commission is based. THIS, in the opinion of the
cCmmanding general, is not sufficient to Justify
lin IN The extraordinary power vested ia him by
law to organize military commissions or triba-
na's' for the trial Of persons charged with
Chtuses against the laws of q ) ate.
1t is trle hat the third sectiOn II "au act 10
provide for the efficient government OF the rebel
States" mskes it the duty of commanders of
military districts 4" to punish or cause TO be nun
hhed oil dsJuibeTs OF the public peace and cri nj.
hais hut tie sSae section also declares thai
"'0 that end be may allow local civil triounalsto
take jursdic ion Of and 10 try Offanlers." Tle
further power piyen 10 hun in the ssme sec ion
g when IN bis judgment IL may be necessary for
tie trial OF ofeudeTs,' to Oreauizs military con
ull-fli us lGI lttt tuftOstt Is al tAlfh0Fd nay
power, srd from its very nature Should be exer.
Cfstd for The tiial Of offenders against the laws Of
q state, only 10 the extraordinary event that the
local civil tribunals are unwilling OF unable to en-
force the laws against crimes.
all tits time the country ia in a state of yprO-
found peace. The State government Of feKls
OrkaBIZ in subOr1inaliOn to the authority of The
government Of the United States, is in full exer.
else Of all its proper powers. TIE ceurts duty
empowered 10 administer the laws aud to punish
All ohenders against those laws are ia existence
No unwllDCutss on the part of these Courts Is
suggested 10 inquire into the off5nsss with which
the prisoners in question are charged nor are
soy Cb-tIuCtiOns whatever in the way Of eDf)rciny
lie laws against them said to exist. Under such
cHcuu star ees there is no good ground for the ex
eTclse of the extraordinary power vested in the
tCUmsnder 10 u1Ranze military commission for
he triel Of the persons named.
IL must be a matter of profound regret 70 all
w'o value constitutional government, that there
tLtuld be OcCaslOIs IN times of civil cgmtnation
when The public good imperatiyely rsqgjres the
intervention Of the military power tor the reDtes.
sion Of disorders IN the body polite aud for the
ltLishmtnt OF ofenses against the existing laws
Il country framed for the preservation of soei.l
n1oer; but that the Intervention OF tins poEer
should be called for, or even suggested By civil
magistrates, when the laws are no longer silent.
and civil magistrates are possessed in their 70.
spectye spheres, Of all the poWe-a necessary to
give effect 10 the laws excites the surprise of the
conn ander Of he fifth military district
In his view 1t is Of evil example and full OF
CeLseT 10 tle cause OF freedom and good govern.
nent, that the exercise Of the military pou,er
through military tribunals created for the trial OF
ohcntes sgsinsI the civil law, should ever be per.
nItted. when the ordinary powers Of the existing
eiate governments are ample for the punishment
Ot cHeLCers, u those charged with the admnistra.
ton OF the laws are faithful 10 the discharge OF
tfeir duties.
II The means Of the disposal Of The STATE au.hori.
ues are insufficient 20 secure the confinement of
The persons named in the communication of the
governor Of the state Of Texas 70 the general
comma Dding there, until they can be legally
tiled, on the fact being made known TO him. the
commander OF the district will supply the means
TO retain them in confinement and The comm nd
ing cficer Of the troops in Texas ia so authorized
70 act II there are reasons 10 existence which
justify an apprehension that the prisoners cannot
be isiry trled IN that county. let the proper civil
officers have the venue" changed for the trial
as provided for by the laws Of Texas.
ln me opinion OF the commander of the ffth
military district, the existing government OF the