The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1868-01-22

| WIS III ~ lIaiipuAS vi eppup DilE apuuuliu
square miles," and he then adds /" 1t is
not probable that they (meaning the priso-
ners) can be kept in confinement long
enough ever to be tried by the civil courts
Of that county" and expresses his, opin-
/ ion that they never ",can be brought to
trial, unless it is done before military
commission" And he, therefore, asks that
a military commission be ordered for their
trial. .a.,r,... s.,...r
From an examination of the papers sub
mittea to the commander of the fifth mill
taTy district, it does not appear that there
is any indisposition or unwiIlingness on
the part of the local civil tribunals to take
jurisdiction Of, and to try the prisoners in
question /; and suggestion made by the.
governor that it is not probable the priso-
ners can be kept in confinement long
enough to be tried by the civil courts.
land which is apparently based on the fact
that Uvalde county is a frontief county.
and does not contain more than a hundred
voters,l seems to be the only foundation
on which the request for the creation of
military commission is based. This, in the
opinion Of the commanding general, is not
sufficient to justify him in the extraordina-
ry power vested in him by law to organize
military, commissions, or tribunals . for the
trial Of persons charged with offenses
against the laws of State. 49,, ttaf a..a..
|. 1t is true that the third section of" an
act to provide for the efficient government
of the rebel States makes it the duty of
commanders ofmilitary districts ito pun
ish or cause to be punished all disturbers of
the public peece and criminals Shut tie
same section also declares that q to tina,
end he may allow local civil tribunals to-
ltake jurisdiction of and to try offenders"
The further power given to him in the
sane section. "when in bis Judgment if
fjmay be necessary for the trial of offenders. 7
to organize military commissions for THAT
purpose, is an extraordinary power, and
from its very natme should be exercised
for the trial of offenders against he laws
Eofa State, only in the extraordinary event
| that the local civil tribunals are unwilling
or unable to enforce the laws against
crimes.sr4ai s6i 81 aea5 aa 4i ba
/ Allthis timeithe country is in a state OF
profound peace The State government OF
Texas organized in subordisation to the
/ Authority of the government ofthe United
Sites, is in full exercise OF all its proper
powers. The courts duly empowered to
administer tfelaw-and to punish llof'n
ders against those laws are in existence.
No unwillingness on the part of these
courts is suggested to inquire into the Of
fenses with which the prisoners in question
are charged; abr are any distractions
1. whatever in the way Of enforcing the laws
!, against them said to exist. Under such
T. circumstances there is no good ground for
the exercise of the extraordinary power
!. vested in the commander to- orgapize a
!, military commission for the trial of the
! persons named. .tGg,t aIisnsiie {. 10 tori as
3 1t must BE- matter of profound regret
to oil who value onstitutionapse government
7 that there should be occasions In times Of
civil conmotioh, wlienfhe public good i'm.
1 peratiyeIY requires the Intervention of,the
= military power for the repression Of dis6rl
\ ders in theo body polite, and for'thei pun
d ishment of off+nses against the existing
4 laws ofa country framed for the preserve
! ton of social order hut that The intervcfl
tion of this power should he called for on
4 even suggested, by civil magistrates, when
the laws are no logger silent! andcivii mag
/ istrates are possessed ia their respective
!, spheres, Of little powers necessary to- give
effect to the laws, pxcites tiie surprise OF
the commander Of the fifth nilitary district.
Infhis view Il s Of evil example, and 2fdl'
4 of lahger to the cause offreetl3m and good
4 government, that the exercise of the m IL
4 tary power, through military tribunals ere.
AID Tor the trial of offanses AGAINST the
4 civil law, should ever be permitted, when
d the ordinary pawerasof sthe.esistins State
4 governmeEts are ample for the punishment
aIof Offenders, II those charged with the ad-
administration of the laws are faithful in the
! discharge of their duties.Io sGsjtiF oaf
4 If the means at the disposal of the State
!, authorities are insufficient to secure the
confinement Oft persons named in, the
communication ofthe governor eftbe State
of Texas to the general commanding there,
: until they can be legally tried; on the fact
/ being made, known to him the commander
ofthe district will supply the means to re-
/ tainthemin confinement, and the command
ing officer of the troops IN Texas is SO an
| thorized to act. Iftheref are reasons, in
existence which justify an apprehension
that the prisoners cannot be fairly tried in
that country, let the proper civil officers
have the venue = changed for the trial. as
provided for by the laws of Texas q. &
In the opinion Of the commander Of the
fifth military district, the existing govern,
ment of the State of Texas. possesses all
the powers necessary for the proper and
prompt trial ofthe prisonersin question Ia
due course OF law.
If these powers are not exercised fofithat
purposes the fui ure to exercise them can
| be attributed only to the incidence Or, cul
1pable ineffieiency of the officers now charg;
ed with the execution and enforcement o.
| the laws under the authority of the State
government and if there is such failure,
| III the ftfStdHCt Weuu0bCuy VII tHut paw VI
those officers TO execute the laws, 1T vii
then become the duty Of the commandei
TO remove the officers who fail to discharge
the duties imposed on them, and to- replace
them with Others who will discharge them
Should these means, fail. and it be found
on further experience, that there is not q
sufficient number of persons among thepeo
pie now exercising political power in Tex
us, to supply the public with officers who
| wifi enforce the laws of the State, lit viii
J then become necessary for the sommandel
of the 6fthmilitary district to exercise the
powersvestedi in him, by the acts of Con
gress under which he is appointed. for the
purpose Of sindieatinn the majesty of thu
law. But until such necessity is shown te
lexist, it is net the intention ofthe com
handing general to have recourse to those
powers aid he deems the present fitting
occasion to make this known to the gov
ernor of Texas, ands through him to the
people of the state at large.
): Very respectfully, your obd't ser'vt.
/ Official: VIC MITCHELL, ].