Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-01-14
AniOn and 9ispattIt.
TUESDAY, JANUARY Isss-
Largest Circulation in City and State.
GEN. HANCOCK ON THE sUPRE.
MACY OF TIE LAW.
From the New Orleans Pieayune. Jan. Il.

regard 1t as the most sententious, and, con.
sidering that it comes from a military man
the most remarkable tribute to the just sTl-
premacy Of the law over force that We re-
collect to have read for long time Its
history and intent is briefly this: The pre-
sent Governor of Texas, appointed by Gen
Sheridan, and intensely Radical in his
opinions aud affiliations, asks that certain
persons charged with murder in frontier
county, be tried, not by the courts of that
or some other county, and by jury, as the
constitution both of the State and Of the
United States require but by military
commission. We append hereto the digni.
fed and statesmanlike reply of Gen. Han
cock TO this proposition to set aside the
civil tribunals of State, wherein, if jus,
tice be hindered or delayed, it is the fault
of the Governor who asks that his courts
be deprived of jurisdiction, and that of
those under him.
HEADQUARTERS FIFTH MILITARY Dis
TRICT, OFFICE or SECRETARY FOR CIVIL
AFFAIRs, New Orleans, Dec. %, 1857
HIS EIceilency, Z. M. Pease, Governor of
1erGS-SIR Brevet Major Gen. J. j. Rey-
nolds, commanding district of Texas, in a
communication dated Austin, Texas, No
vember 10, 1867, requests that military
commission may be ordered FOR the trial
of one G. w. Wall, and such other prison
ers as may be brought before it," and for
wards in support of the request the follow
ing papers
/. A printed account taken from news
paper dated Uvalde, October -, 1867,
contained in letter of James II. Taylor,
and in another from DIR. Ansell, United
States Surgeon, at Fort Inge,) of the murder
of r. w. Black, on the - day of October,
1867. In this account il is stated Mr..
Black was shot through the heart by G.
w. Wall while lying on the counter Of
Mr.. Thomas store"
2. A letter of Judge G.. III. Noonan TO
Gov. Pease, dated November 10, 1867, in
forming him that "Wall, EhacIer and
Pulliam are in confinement in Uvalde
county for murder" In this letter it is
asked Would it not be best to try them
by military commission? 2"
3. A letter from Gov. Pease dated "ExS
ecutive of Texas, Austin, Nov. II, 1867"
in which the Governor states that he re-
ceived a telegram from Judge G.. II.
Noonan, an extract from which L 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 n territory of about nine hundred
square miles, and he then adds: at is not
probable that they lmeaning the prisoners)
can be kept in confinement long enough
ever b be tried bsz the civiic0uTts IN that
county," and expresses the opinion that
they never ''ean be brought to trial unless
il is done before a military commission"
and he therefore asks thai military CONS
mission be ordered for their trial
From an examination of the papers sub
mitted to the commander of the fifth mill
tary district, il does not appear that there
is any indisposition or unwillingness 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 pris-
oners can be kept in confinement long
enough 10 be tried by the civil courts, land
which Is apparently based on the fact that
Uvalde county is a frontier county, and does
not contain more than hundred voters,
seems 10 be the only foundation on which
the request for the creation Of a military
commission is based. This. in the opinion
of the Commanding General, is not suffi
cient to justify him in the exercise of the
extraordinary power vested in him by law
Ito organize military commissions or tri
bunals" for the trial of persons charged
with oiienses against the laws Of a State.
1t is true, that the third section of can
act TO provide for the more efficient govern
ment Of the Rebel States" makes it the
duty Of the commanders of military dis
tricts "to punish or cause to be punished
all disturbers of the public peace and
criminals !" but the same section also de-
clares that "to that end he may allow
local civil tribunals to take jurisdiction Of
and 10 try offenders" The further power
given to him in the same section, "when in
his Judgment it may be necessary for the trial
of offenders" TO organize military commits
sions for that purpose, is an extraordinary
event that the local civil tribunals are un.
willing or unable to enforce the laws against
crimes.
At this time the country is in state of
profound peace. The State government Of
Texas organized in subordination of the
authority Of the government of the United
States, is in the full exercise of all its
proper powers. The courts duly empow-
cred to administer the laws and punish all
offenders against those laws, are in exist
NJ Al II
these courts ia suggested, TO inquire into
ohenses with which the prisoners in ques>
tion are charged; nor are any distractions
whatever in the way of enforcing the laws
against them said to exist. Under such
circumstances there is no good ground for
the exercise Of the extraordinary power
vested in the commander TO organize a
military commission for the trial Of the
persons named.
Ii must be a matter Of profound regret
TO all who value constitutional govern
ment, that there should he occasions in
times Of civil commotion, when the public
good imperatiYely requires the intervention
Of the military power for the repression of
disorders in the body polite and for the
punishment cf offenses against the existing
laws of a country, framed for the preserva-
ton Of social order; but that the interven-
ton of this power should be called for, or
even suggested by civil magistrates, when
the avs are no longer silent, and civil
magistrates are possessed, in their respec-
tive spheres, Of all the powers necessary to
give effect 10 the laws, excites the surprise
Of the commander Of the fifth military dis
| trict.
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
military power, through military tribunals
created for the trial of oilenses against the
civil law, shonld ever be permitted, when
the ordinary powers Of the existing State
governments are ample for the punishment
Of offenders, II those charged with the adj
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
confnemento Of the persons named in the
communication of the Governor of The
| State Of Texas TO the General Command
ing there until they can he legally tried, on
the fact being known 10 him, the COM
mander of the district will supply the
means 10 retain them in confinement; and
| the commanding officer of the troops in