The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1880-07-22
COLONEL j. M. HURT.
The Jurisdiction Of the Military "a
Try and Punish citizens.
To the Editor of the Herald -.

General Hancock tor his manly defense o
civil liberty, as made manifest in his letter tC
Governor Pease and his general order No
40, think 1t appropriate and due a distin.
gpished citizen of Dallas to make known hi.
action in position analogous to that of Gen
eral Hancock when in command of the fifth
military district.
During the war had the honor TO serve 4
portion of the time as adiutsnt general of the
district of the Indian Territory, and we were
very much annoyed by intelligence of our
movements being carried through to the fed
eral commander at Fort Smith.
On ono occasion, a courier arrived with dis
patches from General Mccullough at Bon
ham, T. xas, that party had eluded his
pickets and were making their way through
the territory on their way to the federal lines
with important intelligence to the enemy,
under directions of the district commander.
| Immediately sent Colonel Riley, command
ing the First Choctaw regiment, to intercept
and capture the spies, which he did, killing
several in the effort to arrest the party. Those
captured were brought to Fort Lowson, and
General Smith, department commander,
notified and as the prisoners we're citizens
and could not be tried by court MARTIAL"
General Smith organized military commits
sion and ordered the prisoners, Drs. Penwell
and Harris, and some Others whose names |
have forgotten, to be brought before the
commission for trial
Captain Hurt of Dallas, was detailed as
one Of the officers of the court, and at the
time appointed reported at district head
quarters. As the court did not organize for
two or three days, Captain Hurt and myself
had several conversations in regard to the
jurisdiction of the court, he affirming most
positively that neither military com.
missions nor courts martial had iursdic-
ton to try and punish citizens. | urged that
he, as a subordinate officer, could not avoid
complying wit, the orders of his superior,
General Smith, department commander; and,
further, as the writ of habeas corpus was sus-
pended and the prisoners in control of the
military authorities, there was no process by
which the civil courts could obtain possession
of the accused in order to try them. Cap
tain Hurt replied that he had as an officer of
the army sworn to support 7 constitution
of the Confederate States; tina. as o supelio r
court had adjudcated the questions involved,
he must, in duty to himself and the country,
DO governed by his own convictions and con.
science, and was confirmed in his own mind
that punishment inflicted by virtue of the
finding of military commission would, if cspi.
tai, be the fOulest ofmurders, and that though
the writ of hsbeas corpus was suspended,
that fact did not confer upon the military
the right to try and punish citizens; the mill
tsry authorities could only hold the prisoners
until the emergency passed and then turn
them over to the civil authorities. said to
Captain Hurt that the only duty required of
the court was to investigate the case in hand
and determine whether the accused were
guilty or not guilty of the offense alleged;
that upon the finding of the court General
Smith would take the responsibility of deter.
mining the punishment and its execution. But
he still declared he could not and would not
be- articeps criminis in violating the law, with
consequences so serious to the accused, and
that he would resign his commission before
he would suffer himself to be used in msking
such a serious attack upon the rights and
liberties of the people.
When the trial came on and the plea to the
Jurisdiction was entered, he SO forcibly and
intelligently conveyed his own convictions
that another member, there being three
composing the court agreed with him, and
sustained the plea to the Jurisdiction, and the
prisoners were sent under guard to Bonham,
Texas, and there turned over to the civil
authorities for action; what further proceed
ings were had in the case l never learned,
and so far as Captain Hurt is concerned, il
does not matter. To show the bold, fearless
and manly part taken by Captain Hurt in
this case, It must be remembered that at the
time, 1864, the confederate lines were being
pressed their entire length by the enemy
from the Potomac to the Rio Grande; that
within our lines were many emissaries and
epic; that there was hardly movement
of our troops contemplated that was not
known to the fedeisl commanders, and the
determination Of our officers and troops, and
the sentiment Of the people of the whole
country, were to hang as high as Hannah the
FIST individual caught carrying on treason
able correspondence.
These men, Penwell, Harris and Company
as certainly owe their lives to Captain Har'
for bis course in this matter as the people OF
Louisiana and Texas owe their relief FRONT
the terror of carpet-bag rule to General Hrn-
cock, and they, and every other man who,
like them, has stood boldly to the front in
the defense Of republican institutions and
civil liberty, deserves the lasting gratitude Of
every lover Of freedom from oppression. 1
have learned within the past day or two that
Captain Hurt has received many solicits-
tions 70 permit his name to be used before
the coming state convention as member of
the court Of appeals, and take pleasure in
Joining my mite Of Information Of his fitness