The Montgomery advertiser., 1905-12-17

her [, 1883, had the effect of avertinx the needless effusion of blood After arraigning the Federal government for its inconsistent attitude in the mat ter of the removal he urged the ex- asperated settlers to look with abid- ing and undoubting confidence to the majesty of the law, to yield a ready obedience to any process from the courts of tho United States and of the State of Alabama, and especially to abstain from all acts of unlawful vio- lence towards the Indians, who being ignorant of our laws and of their rights. should be taught to look up to their more intelligent neighbors for information and protection. The ad- dress had the desired effect. The set tiers in the new counties, feeling that the sympathy of the chief executive of the State was with them. listened to his wise words of counsel, and as the troops remained at Fort Mitchell. the danger Of further collision was for the time averted.
 The grand jury of Russell County promptly indicted for murder the off cers and soldiers who had been instru- mental in the death of Hardeman owens, and a formal demand was made up- on Major Mcintosh. the commanding officer of Fort Mitchell, for their de- livery into custody of the civil au- thorities; but that officer refused to pay any attention to the mandates of the Russell County court, and swore that he would not suffer any of the men to be arrested. The court then issued an attachment for the officer and his men; but the sheriff being warned by Mcintosh not to touch him at his peril, returned to the court the next day and made oath that he could not execute the attachment for fear of death. Thereupon the presiding
 
 Gayle asking for military power suffi- cient to arrest Major Mcintosh and his men and bring them before the court. In his message to the general assembly, November 10, 1893. Governor Gayle called attention to these facts, and while asserting his legal power to call out the militia of the State to enforce the processes of the State courts, he stated that his anxiety to avoid armed conflict between State and Federal troops had induced him to take no other step than to forward the papers in the case to the Secre- tary of War for the consideration of the President. He also expressed the belief that the offenders would be de- livered by the Federal authorities for trial by the State courts. It trans pired afterward as the governor had believed. Mir Lewis Cass, then Secre- tary Of War. some weeks later wrote To GOVernOr GdyIe that as soon as the report of the death of Hardeman owens had reached the War Depart ment, instructions had been sent to Major Mcintosh to facilitate, by all means in his power. any investigation which the civil authorities might con- slider necessary; but that there had been some mistake in the transmits sion of orders. The President now issued an order to the same effect di- rect to Major Mcintosh, and Secretary of War then enclosed a copy of it to Governor Gayle.
 Gayle CounseIs Moderation.
 The order of Governor Gayle. dated executive department. Tuscaloosa, 16rh september, 1883. addressed to Briga- dier General Thomas B. Scott. direct ing him to organize the militia of the new counties, probably justified, at that time. the declaration of the Tus- caloosa State Rights Expositor that military preparations are making for the defense of the settlers" but the terms of the order itself. in advance of the governors message to the legis- lature already referred to, showed that this was to be a last resort. In clos ing his instructions to General Scott, Governor Gayle said: In the present difficult and to me the painful and conjuncture, earnestly recommend to our people, in selecting the officers civil and military. embrace ed by this order that they guard against all undue excitement, and that theAr choice be directed to those only