The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1871-10-19
Gov. Davis and Martial Law.
[sic Semper TRANS.

sc SenlpeT 1TdRtS.I
On the morning of the 1lth inst E.
j. Davis, Governor of the State of
Texas, sent a message to the Legis-
lature informing it, that he bad issued
his proclamation, declaring Limestone
and FreestUne counties under state
of martial law, and assessing a fine of
$4,000 upon the former as a punish
ment for certain offences he declared
have been committed within its limits.
The facts in regard 10 the killing of
Applcthwaite in GrOesbeck by negro
policemen, and the subsequent pursuit
and arrest of the murderers by the citi
zens, after protection given to them by
an armed mob of negroes, who had re-
sisted the sheriff, and utterly disre-
garded and even defed his warrant have
been heretofore given to the public. 1t
has also been made known, that the
citizens of Limestone county arrested
these policemen in the end, and deliv-
cred them unburt to the proper author
tiles. And though the offenders have
been arrested, and turned over to the
mercy Of the law, still men are found
who represent to the Governor, that
lawlessness is rampant in the above
counties; and lie, who is ever so ready
to wrong and cypress the people, has
declared, that civil law is at an end in
the two couDties. He goes even furth-
er and commands his officers to collect
from tho already oppressed people Il
fine of $4,000, as an additional pun
ishment.
This order of the Governor was is
sued and carried into effect during the
sitting Of the Legislature, and yet this
body was not consulted; no, not even
caucus of his own party was called
to discuss the measures beforehand.
When the message was received,
the enormity of his action was so
shocking, that an outburst of indgna-
ton at once arose from both houses,
and members, not only Democrats, but
Republicans, expressed in most unqnal-
flied terms their indignation at this un-
heard of act of usurpation.
The Constitution tf the State says:
"The privileges of the writ of habeas
corpus shall not be suspended, except
by act of the Legislature, in case of
rebellion or invasion, when the public
safety may require it.'' Is there a re
belliOn or an invasion? Had the Leg
islature as a deliberative body had one
word to say upon the subject of de-
claratiou of martial law? To both Of
these questions we answer, no. There
was no invasion, no rebellion, and
more and above all, there was TO con-
sultation with the Legislature, though
this body was at the time holding its
regular session within sound Of the
Governors voice. He has abjured
his solemn oath of Office. He TO more
regards the Constitution than if it was
written in the sands, where the first
wind would eface it. He pays no respect
to the Legislature, asks no advice even
from his party; and when he is remon-
strated with, and such a measure de-
clared unnecessary he indignantly de-
clares 81 am the Governor"
Such too truly is the fact. On the
llth a telegram was received by Mr..
Bowers to be delivered to the Governor.
This dispatch was from certain citizens
of Limestone county. They called
upon the Legislature to not Judge
them unheard, as they were prepared
TO show that the citizens of tue coun-
ty had pursued legal and orderly
course in the arrest of the murderers
of Applethwaite, and not otherwise, as
had been represented here by parties,
who, I'VE assume, have worked alone for
political effect. These citizens ask, that
action may be suspended until the l4th,
when they will be prepared, and will
submit proof of what they assert their
position has been. In this they rightly
appeal to the Legislature, which they,
and every one else, understand to have
jurisdiction in their case; but before
this appeal was presented, the fat Of
E. j. Davis had gone forth, and the
counties were declared under martial
law.
The message from many citizens
was presented to tie Governor on
Wednesday during the sitting of the
Legislature, and the reply he gave was
one which could have been heard in
ages long gone by, from a Tiberins,
or Nero. 81 am Governor of Texas"
said he, "and need no suggestions from
these parties. I think there is ne
cessity for martial law and the suspcn-
sion of the writ Of habCas corpus in
that county, and l will be able TO
prove it, which l propose to do to-
morrow" and yet the Constitution
says, "the privileges of the writ OF
habeas corpus shall not be suspended,
except by act of the Legislature" and
yet more, that "the military shall at all
times be subordinate to the civil au-
thority."
And this is not all. The fat has
gone forth, and in spite of remon-
STRANGE, in spite of the representation
and appeal of these people, that they
may be heard, he follows up his edict
with his appointment of Court Mar