The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-06-23
HANCOCK.
His Letter TO Gov. Pease-SOund
Views Of the SOldier-Statesman-
Answer TO Gov. Peasc's Request for
the Organization OF Military Tribu
mails In Tel n 1867.

NEW ORLEANS, Dec. 28, 1867.
To Gop. E. NJ. Pease, of Texas:
S1s:-Brevet Major General Reynolds,
commanding district of Texas, in com.
munication dated Austin, Texas, Nov.
l9, 1867, requests that military commits
sion may be ordered ''for the trial of one
6. w. Wall, and such other prisoners as
may be brought before it," and forwards,
in support OF the request, the following
papers:
!. A printed account takeE from u
newspaper, dated Uvslde, October -,
1867, Contained in letter Of James Ii.
Taylor, and another from DIR. Ansell,
United States surgeon at Fort Inge, OF
the murder of 4 w. Black, on the -
day of October, 1861. In this account
it is stated that Mr.. Black was shot
through the heart by G. w. Wall, "whlle
lying on the counter of Mr.. Thomas
store"
2. A letter of Judge q. III. Noonan to
Gov. Pease, dated November 10 1867,
informing him that avail, Ebacker, and
Pulliam are in confinement in Uvalde
county for murder" In this letter it is
asked, "Would it not be better to try
them by military commission"
8. A letter from Gov. Pease, dated
executive of Texas, Austin, November
IL, 1867" in which the Governor states
he "received telegram firm Judge &. H.
Noonan, AN extract from which trans
NIT herewith" In the letter of the
Governor the further statament is made
that "Uvalde county, where the prison.
ers are confined, is on the extreme western
frontier of the State, and has only about
one hundred voters in. II territory Of
about nine hundred square miles" and he
then adds: ut is not probable that they
(meaning the prlscners) can be
kept in confinement long enough
ever to be tried by the
evil courts of that county," and ex-
presses his opinion that they never "can
be brought to trial, unless it be done be
tore military commission" And he
therefore asks that military commission
be ordered Tor their trial.
From an examination IF the papers
submitted to the commander OF the
Fifth Military District it does net APP
pear that there is any indispositlon 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 that the prisoners
can be kept in confinement long enough
10 be tried by the civil courts land which
Is apparently based on the fact that
Uvade county is frontier county, and
does not contain more than hundred
voters), seems to be the only foundation
on which the request for the creation OF
d military commission is based. This, in
the opinion Of the commanding genera,
is not sufficient to Justify him in the ex.
traordinary power vested in him by the
law Ito organize military commissions or
tribunals for the trial of persons
charged with offenses against the laws of
the State.
1t is true Ii at the third section of ian
act to provide for the efficient govern
ment Of the rebel States, makes it the
duty OF commanders OF military districts
Ito punish, or cause to be punished, all
dlstur bers of the public peace and crimi-
nails" but the same section also declares
that ito that end he may allow local civil
tribunals to take jurisdiction of and 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
commissions for that purpose, ia an extra
ordinary power, and from its very nature,
should be exercised for the trial Of
offenders sgainsL the laws of State, only
ia the extraordinary event that the local
civil tribunals are unwilling or unable TO
enforce the laws against crime.
All this time the country is in state OF
profound peace. The State government
of Texas, organized in subordination to
the authority of the United States, is ih
full exercise of al Its proper powers
The courts, duly empowered te admins
ter the laws and 70 punish all offenders
against those laws are in existence. No
an willingness on the part OF ,htse courts
is suggested to inquire INTO the offenses
with which the prisoners in question are
charged; nor are any distractions what
ever in the way OF enforcing the laws
against said to them exist Under such
g umsl snces there is no good ground Tor
the exc REESE of the extraordinary power
vested in the commander to organize
military commission tor the trial oil the
persons named.
IL must be q matter Of profound regret
N all who value constitutional govern
mept. that there should be occasion IN
tunes of evil commotion, when the
public good imperatively requires the IN
teryen,ion of the military power for the
rer ression of disorders in the body poiitic,
and for the punishment OF offenses against
the existing laws of a country, framed LOT
the seryation Of social orderi but that
the intervention Of this power should De
called tor, or even suggested by civil
magistrates, when the laws are no longer
silent and civil magistrates are possessed
10 their several spheres, of all the powers
nee, ssary to give effect to the laws eh-
cites the surprise of the commander OF
the Fifth military district.
In his view il is o: evil example ana
full of danger 10 the cause oil freedom
and good government, that the exercise
of the military power through military
tribunals created for the trial OF sffenses
against the civil law, should ever be per-
mi,ted, when the ordinary powers OF the
existing State governments are ample tor
the punishment of offenders. II those
charged with the admin istrstion oil the
laws are faithful in the discharge OF their
duties
Ii tho means at the disposal OF the
State authorities are insufficient TO secure
the confinement OF the persons named IN
the communication of the Governor OIL
al, S,.,a If Texas tn tbe General COM