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


all who value constitutional government,
that there should be occasions in times Of
civil commotion. when the public good i'm
peratively requires the Intervention of the
military power for the repression Of disor-
ders in the body polite, and for the punish
ment of otfenses against the existing laws Of
country framed for the preservation Of
social order; but that the intervention of
this power should be called for, or even
suggested, by civil magistrates, when the
laws are no longer silent, and civil magis-
trates are possessed, in their respective
spheres, of all the powers necessary to give
effect to 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 exercise of the mill
tary power, through military tribunals
created for the trial of offenseS against the
civil law, should ever be permitted, when
the ordinary powers of the existing state
governments are ample for the punishment
of offenders, if those charged with the ad-
ministration of the laws are faithful in the
discharge of their duties.
If the means at the disposal of the state
authorities are insufficient to secure the
confinement of the persons named in the
communication of the governor of the state
of Texas to the general commanding there,
until they can be legally tried, on the fact
being made known to him, the commander
of the district will supply the means to re-
tain them in confinement; and the COM
manding officer of the troops in Texas is so
authorized to act. II there are reasons in
existence which justify an apprehension
that the prisoners can not be fairly tried in
that county let the proper civil officers have
the 'venue" changed for the trial, as pro-
vided for by the laws of Texas.
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 of the prisoners in question in due
course of law.
If those powers arc not exercised for that
purpose, the failure to exercise them can
be attributed only to the Incidence or Gull
pahle ineficiency of the officers now
charged with the execution and enforce
ment of the laws under the authority of the
state government; and if there is such a
failure, in the instance mentioned, on the
part Of those officers to execute the laws, it
will then become the duty of the COM
mander to remove the officers who fail to
discharge the duties imposed on them, and
to replace them with others who will dis
charge them.
Should these means fail, and it be found
on further experience that there are not a
sufficient number of persons among the
people now exercising political power in
Texas to supply the public with officers who
will enforce the laws of the state, it will
then become necessary for the commander
of the fifth military district to exercise the
powers vested in him by the acts of congress
under which he is appointed, for the pur.
pose of indicating the majesty of the Laws
But until such necessity is shown to exist,
it is net the intention Of the commanding
general to have recourse to those powers;
and he deems the present fitting occasion
20 make this known to the governor of Tex.
as, AID through him to the people of the
state at large.
Very respectfully,
Your obedicnt servant.
W. G. MITCHELL,
Bvt. Lieut.. Col, U. S. A., secy. for Civil
Affairs.
Official:
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~ for Civil Affairs. iali