The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1869-10-28
Unauthorized Interference OF tine
Military Commander with Civil
Tribunals.

IF1bum1AS.
The following Order of the District
Commander is brought to the notice of
the public in the Port Gibson Standard
by citizen who has attained the age OF
three score and thirteen years-who was
soldier of the war Of 1812-who as he
attests, was devotee of the Constitution
as expounded by Adams, Clay and Web
ster-who was persistent and unmo-
'lested Union man from the beginning
''to the end of the rebellion
HEADQUARTERS Arm MILITARY DIs'T.I
department Of MississiPpt,l
JACKSON, MISS, October LIST, 1867
+. c. HALL Esq, Clerk Of The
ChdRcery Court Of Claiborne Cunty
Port Gibson, MISS
SIR The Commanding General directs
that certain suit brought in the Chancery
Court of Claiborne county against X T..
Richardson wherein John Burnett and
Leonard III. Wilkinson are parties, be at once
dismissed, it appearing that the matter IN
question has once been adjudicated by the
Military authorities. The previous action
is hereby affirmed and made final
L am, sir, very respectfully,
Your o5edient servant,
WIN. ATWOOD,
a. ID. &. 81 A. A. A. Gen.
A true COPY +. G. HALL. Clerk.
By WALTER McDOUGALL, ID. G.
(Ent'd L. S. Book, Vol. A, 1s6O. In red ink ]
The writer proceeds to state that the
Commander had no knowledge whatever
of the matter in question between the par
ties to the suit which he thus summarily
disposed of-that he had never looked in
to the case-had never read the pleading
had not heard the evidence, nor even seen
the parties, except perhaps the one who
applied to him to dismiss the suit. And
saws furthermore that the Order is found
ed on the recital of an error, for the
matter in question never had been ''adju-
dicated by the military authorities" as is
alleged, as he proceeds to show.
Sweeping as the laws in virtue of which
this Military Commander has been put
in authority here, they warrant no such
high-handed proceedings as he has been
guilty of. The 3rd section of the Act of
March End, 1867. is in these words
Sec. 3. That IL shall be the duty of each
officer, assigned as aforesaid, TO protect all
persons in their rights of person and prop
erty; to suppress Instruction, disorder and
violence. and to punish, or cause to be pun
i-hed, all disturbers of the public peace and
criminals. and to this end he may allow local
civil tribunals to take Jurisdiction OF and TO
try offenders or when, in his Judgment, II
may be necessary for the trial OF on" nders'
he shall have power TO organize military
commissions or tribunals for that purpose {;
and all interference under color of state au-
thority with the exercise of military author
itv, u lder this act, shall be null and void.
This Act, it will be seen, for the pur-
pose of ''suppressing insurrection, disor-
der and violence" and Furnishing dds
turbers of the public peace and Grimm
ais" authorizes military tribunals to be
substituted for civil courts, but it furnishes
no shadow of authority for interference IN
the trial of civil cases, much less does 1t
warrant the absolute dismissal of such
cases from trial as in the instance above
recited. The Order of the Commander
is wholly unauthorized by the law creating
the functions of his office. 1t is purely
a tyranical exercise of power by force OF
the bayonet.