Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1869-02-13

the recommendations Of respOnsi-
BILE citizens Of suitable aud oOmpe-
tent persons TO dill them,
IL, The duty Of enforcing the
laws and the responsibility for any
failure, rest ia great measure upon
the subordinate Magistrates aud
peace officers. The timely exercise
OF the powers with which they are
Invested will generally preserve tho
peace aud prevent the commission
of crime. When crimes are COM
milted, these powers must be
promptly and energetieally direct
cd TO the arrest and punishment OF
the criminals. The complaint, the
issue and service of warrants are
hot matters of form, but duties TO
be performed. To ihil in these Is
to surrender society TO tho domin'
ion of lawlcss men, aud TO invite
disorder and violence.
II. Post Commanders, whilo look.
ing TO the full execution Of the
duties committed TO them under tho
authority of the Sd section of the
law of March 2, 1867, arc required
TO see that those duties arc not
harshly or oppressively executed
that arrests are not made without
sufficient cause; that the manner of
arrest shall, rs far rs practicable, be
tho same rs is prescribed by tho
laws of the State; that when ar
rests are made the charges shall be
examined into, and the accused par.
ties discharged, or held for trial,
with as little delay as may be con.
sistcnt with the ends of justice |;
and that prisoners awaiting trial
shall be subjected to no greater re-
straints than arr necessary for their
safe keeping.
1t is hoped that the support Of
the military will render any active
aid to the civil authorities unncces.
sary; but if the necessity should
arise, and there should be any or
ganized or armed resistance to the
autority of the United States, or to
the authority of the Provisiona!
Government of Texas, it will be
met by the prompt and energetic
application of all the means under
the control of tho military authority.
13. In the execution of tho diff.
cult and delicate duties dcvolved
upon the army, the Observance Of
the highest degree of discipline is
absolutely essential, and the Com
manding General expects from the
troops such orderly conduct and
observance of law as will command
the respect of all good citizens.
By Command of Brevet Major
General CANDY:
HID QR's 9TH MILITARY DIsTnICr, I
STATE OF TEXAS,
AUSTIN, Jan. 81, 1863. }
General Orders No. I.
Post Commanders may admit to
bail persons not subject to tho Ar
ticles of War, held in arrest by mil
itary authority, charged with often
ces not capital, upon security as
provided in the following para
graph: Il ~
Security shall consist 1st. of II
cash deposit of the amount for
which bond is required as bail by
the State law in like cases; or, I'd,
of bond in a like sum, running to
the Post Commander, conditioned
for compliance with all orders, with
sureties who must be free holders,
and must justify in twice the amount
of the penalty, exclusive of proper
ty legally exempt from forced sales,
and must under seal authorize any
officer SO ordered by the Post Com
mandcr, in case of default, and nom
payment by the suretics on dc.
mand, to summarily seize and sell
sufficient Of the property Of the
principal and suretics to satisfy the
forfeiture and costs and immedi-
ately upon default made, the bond
shall constitute lien upon the per-
sonal property of both principal and
sureties. la1 G tsar
All bail and other bonds, taken
under military authority, will con-
form to the foregoing directions
when not otherwise specially pro-
vided. .ef.s.t.r
Upon application to be admitted
to bail, the proceedings will con-
form as nearly as possible to the
proceedings in the State Courts,
and the examination will be made
by the Post Commander or by some
officer dcputed by him.
ii. The Commanding General is ad-
vised that in some of the counties of
this State it has been the practice of
the Sheriffs, in calling for assistance
in the execution of legal process, to
summon only persons who are of
the same political party. The ad-
ministration of justice should rot
only be impartial, but its agents
should be free from the suspicion of
political or partisan bias, and it is
made the duty of all Sheriffs and
peace officers, in all cases where
they may lawfully require assis-
tance, to summon substantial citi-
zens of the county, whose social and
material interests are involved in
the peace and prosperity of the
community, without reference to
their political opinions.
For like reasons, no person who
is personally or pecuniarily inter.
ested in any issue to be tried, will
hereafter be deputed to serve or be
summoned to aid in the service Of
any legal process connected with
the peculiar cause of action
BY order of Brevet Major Gener-
al L. r. s. CANBY:
LOUIS v. CAZIARC,
A. D. C., Acting Asst. Adjt General.
~o-o