New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-01-11
OFFICIAL.
Application for a Military COmmIssIOn
DenIed.
HEADQUARTERS FIFTH MILITARY DISTRICT,
Office the Secretary of Civil Affair."
New ORLEANS. Ia. December %. 1851.

/ OthCe q I the Secretary Of civil Ahaira
New Orleans La December ~, 1851
His Exeelenry e. NJ PeAse, Governor of Texas:
SIE-Brevet 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 tho 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 Blr. Black
was shot through the heart by G. W. Wall
while lying on the counter at Mr.. Thomas's
store.n
Second--A letter of Judge G. II. Noonan
to Governor Pease, dated November 10, 1867,
informing him that Wall, Ehacker, and
Pulliam are in confinement in Uyalde county
for murder" In this letter it is asked:
" Would it not be best to try them by mill
tary commission ~
Third-A letter from Governor Pcase,
dated Executive of Texas, Austin, Noyem-
Der IL, 1867 in which the governor states
that he received telegram from Judge
G. II. Noonan, an extract from which /
transmit herewith In the letter of the
governor the further statement is made that
Uvaldo 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: at 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 a military commission. y
Aud he therefore asks that a military com
mission be ordered for their trial.
From an examination of the papers sub
mitted to tie commander Of the fifth mill
tary district it does not appear that there
is any indisposition or unwr lingness on the
part Of the local civil tribunals to take ju-
risdiction Of, and to try tho prisoners in
question; and a suggestion made by the
governor that is not probable the prisoners
can be kept in confinement long enough to
be tried by the civil courts, (and which is
based on the fact that Uvalde
county is a frontier county, and does not con
tain more than a 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 ITO or
ganize military commissions or tribunals
for the trial Of persons charged with often
ses against the laws Of state.
It is true that the third section of " an act
to provide for the mere efficient government
ofthe rebel states" makes it the duty Of the
commanders Of military districts ''to pun.
ish, or cause to be punished, ell disturbers
Of the public peace and criminals y but the
same section also declares that to that end
he may allow local civil tribunals 10 take
jurisdiction Of, and to try ofenders.n The
further power given to him In the same sec.
tlcn, when in hts Judgment it may be he.
cessary for the trial Of ofFenSers,r to organ
lie military commissions for that purpose. is
an extraordinary power, and from its very
nature, should be exercised for the trial Of
against the laws Of state, only in
the extraordinary event that the local civil
are unwilling or unable to enforce
the laws against crimes.
At this time the country is Ia q state Of
profound peace. The state government Of
Texas, organized in subordination to the
authority Of the government of the United
States, d IN the full exercise Of all its proper
powers. Tho courts duly empowered to
administer the laws and TO punish all
offenders against those laws arc in exist
ence. No unwillingnesa on the part Of these
courts Is suggested to inquire into the
odenses with which tho prisoners IN cues.
ton are charged; nor are any obatructionu
whatsoever IN the way Of enforcing the lnws
against them said 70 exist. Under such
there % ~ go0a efeuna for
the exercise 81 the extfaordlnaFy power
vested in the commander 10 organize