The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-01-27
THE FORT RlNGGOLD INCIDENT
LETTERS FROM THE WAR DEPART
MENT TO GOVERNOR SAVERS.
Service OF state Process, 1t
Is Now Claimed.

Austin. Texas. January 26--The follow
ing correspondence anent the recent trou-
bles between negro troops and citizens
near Rio Grande City was made public
today;
To the Honorable. the Attorney General.
War Department, Washington, December
27.-Sir The department has been ad-
vised that the State courts of Texas in
\ lend to issue warrants for the arrest Of an
officer and certain nom commissioned Of
licers of the garrison at Fort Ringgold,
! Texas, for occurrence which took place
on the reservation of that post. Copies
OF all correspondence in the matter are
being prepared for the information of your
department,
In the meantime. | have the honor to
request that the United States district at
torney for the district in which starr
county. Texas, is located, be instructed
to take charge of the case In the event
that legal proceedings are initiated by the
state of Texas, to protect the interests
of the United States. Very respectfully,
Ellhu Root, Secretary of War.
War Department, Judge Advocate Gen
erals Office, Washington, December U.s.
/ Respectfully returned to the secretary OF
! war.
Governor Sayers wrote to General Nc
Kibbin, commanding department of Texas
as to his mot permitting the arre:< OF
certain officers in your command when
duly and regularly charged In a court OF
competent jurisdiction with the violation
OF the criminal law Of this state, so Wiz:
( the commission OF a felony
This letter is accompanied by letter of
the assistant attorney general of the State,
in which he states that he is informed
that soldiers or persons have fired upon
and wounded citizens OF Texas who were
then not upon the military reservation. or
fort, the shots being fired from the fort, -
and in which he considers the legal as
poets as to establishing the place of CON-
mission of the alleged offenses,
Major Roberts states that 1T does no.
appear that any one was hit and there
appears TO be no evidence of any wound
Ing in the aftidavits taken by him and
the adjutant general of the State OF Texas.
tSee report in office OF adjutant generally
Assuming that persons We're wounded or
of the United States reservation OF Fort
Ringgold Texas, by shots fred from thu
reservation, 1t may, | believe, be stated
that the place where the wounding oc-
CURED was the place Of commission OF any
cffense which the wounding may consl-
tute. and that il the person who caused
the wound IFS held IN the State court 20
answer for an act which he was author
ized TO do by the law OF the United States
which Il was his duty" and 1T in doing
that act he did no more than what was
necessary and proper for him to do he
can not be guilty OF a crime under tho
law Of the State" OF Texas and he Is
not liable to answer In the courts" OF
Texas ON account of his part in that
transaction"
Not that the military officer would
have the right to refuse obedience to tina
State process for an act committed within
its territorial jurisdiction, but that he
would have this defense and II uecessary
the case might be removed to Federal
court. tin re Neagle, 1S5 L. S.,1o
G. N. Lieber, Judge Advocate General,
War Department, Washington, January
2o,--Dcar SIR ] nclose a letter written
by me to the attorney general of the
United states, and memorandum by the
Judge advocate general OF the Unltei
States army In relation TO the correspond
once between yourself and General McKib
BIN relative to certain iursdictional cues
tions arising at Fort Ringgold. Texas.
beg to assure you that I appreciate
the temperate and kindly tone of your
letter Of December 90. and ] am glad to
nnd' upon careful examination Of the
papers, that the facts. 30 far as now an
certalned' oovlate any occasion for CON
hict between the authorities of the STATE
Of Texas and the military authorities unon
the reservation at Fort Ringgold. for ii
appears by General McKibbin's dispatch
that the occurrences To which he refers
as a cause for the arrests. which he doc.
not propose 10 permit, are Occurrence
which took place on the reservation :, Such
occurrences the learned attorney general
OF your state in the opinion which you
were good enough TO transmit TO me. dated
December H. 1899 declares To no vitbin
the exclusive jurisdiction of the tinitsd
states, and not within the jurisdiction az
the state of Texas. He says: II am n
lhe opinion that the United States gov.
eminent has exclusive Jurisdiction over
all crimes and offenses committed an snv
military reservation eeded by the STATE n,
sscoordanee with law; that the state court
mas no jurisdiction to try any person foi
territory" 'Ns NepF"
he says further: ~ am Of the onin,,,
mat the process OF the State can he ov.
echted upon the ceded territory upon anv
one found thereon, but its criminal nrn.
cess can not be executed thereon for a.,
onense actually committed on the eedrd
territory" es'o'
neis Is thus an entire agreement he.
s me attorney general OF the State ~
Texas and the commanding general :, ~ oa
department In regard 10 the matters -
whieh she commanding generals dispstch
appears so far as any papers WHOM
nave come TO my notice are eoncarni,a
that no one on the military resery y,tsu,
was wounded or struck by any shot sres
during the occurrences in ouestlo, ga
that no act done on the reservation ,,op
erect on the reservation. and ,her.
therefore, no occasion for npnIvlnr .
rule laid down in the numerous ana me ,ne
questioned cases which hold thai a, ~
Tense Is deemed TO he committed uhsr.
the act takes effect Nusfe
:, beg to assure YOU that there 4.
disposition on the part ~ the rti,. no
authorities OF the United States "a ,.,ay
iere In any degree with the nroc...
me state o. Texas, or 70 be in any 49,, ot
wanting In diligence TO aid in tbs sS ss.e