Year: 1868

fact that UVnlut county 90
county, and does not contain more
than hundred votes, seems to be
the only foundation on which the
request for the creation Of II military
commission is based. This, N the
opinion of the Commanding Gene
raj, is not sufficient to justify him in
the extraordinary power vested in
him by law "to organize military
commissions or tribunals for the
trial Of persons charged with oifenscs
against the laws of II State.


1t is true that the third section OF
San act to provide for the efficient
government of the rebel States"
makes it the duty Of commanders Of
military districts "to punish or cause
to be punished, all disturbers Of the
public peace and criminals )" but
the same section also declares that
"to that end he may allow local civil
tribunals to take jurisdiction OF and
to 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, is an eXtraordina-
ry power, and from its very nature
should be exercised for the trial Of
offenders against the laws Of State,
only in the extraordinary event that
the local civil tribunals are unwll-I
ling or unable to enforce the laws
against crimes.


All this time the country is in a
state of profound peace. The State
government Of Texas organized IN
subordination to the authority of
the government of the United
States, is in full exercise of all its |
proper pow ers. The courts duly
empowered to administer the laws
and to punish all offenders against
those laws are in existence. No un-
willingness on the part of these
courts is suggested to inquire into
the oflenses with which the pris-
oners in question are charged; nor
are any Instructions, whatever in
the way of enforcing the laws against
them said to exist. Under such
circumstances there is no good
ground for the exercise Of the extra
ordinary power vested in the com
mander to organize military com
mission for the trial Of the persons
named.


1t must be matter of profound
regret to all who value constitutional
government, that there should bel
occasions in times of civil commo-
tion, when the public good impera-
lively requires the intervention OF
the military power for the repres-
sion of disorders in the body polite,
and for the punishment OF oifenses
against the existing laws Of coun-
try framed for the preservation OF
social order; but that the interven-
ton of this power should be called
for, or even suggested by civil mag
istratcs, when the laws are no longer
silent. and civil magistrates are
possessed in their respective spheres,
of all the powers necessary TO giveI
effect to the laws, excites the sur-|
prise of the commander OF the hith
military district.


In his view, it is Of evil example,
and full of danger to the cause OF
freedom and good government, that
the exercise Of the military power,
through military tribunals created
for the trial of of'enses against the
civil law, should ever be permittedi
when the ordinary powers OF the
existing State governments are am
pie for the punishment OF offenders,
if those charged with the admins
tration of the laws are faithful in
the discharge of their duties.


If the means at the disposal ofthe
Stat. authorities are insufficient to
secure the confinement Of the per-
sons named in the communication OIL
the Governor of the State Of TeXasI
10 the General commanding there,
until they can be legally tried, on|
the fact being made known to him,
the commander OF the district will
supply the means to retain them in


confinement. and the commanding
officer of the troops in Texas is sol
authorized to act. If there areI
reasons in existence which justiiy|
an apprehension that the prisoners
cannot be fairly tried in that county,
LET the proper civil officers have the
"venueb changed for the trial, as
provided for by the laws of Texas.


In the opinion Of the commander
of the fifth military district, the ex
;stinp government of the State
Texas. possesses all the powers nect
cssarv for the proper and prompl
trial of the prisoners in question II
due course Of law.
Ifthese powers are not exereise'|
for that purpose, the failure to eH
! ercise them can be attributed only


tothe Incidence or culpable inefhcil


encv of tile officers now charged
with the execution and enforcement
Of the laws under the authority
D the State government and u sher
ts sueb a failure, in the instahe
: mentioned. on the part Of those on
I Gers to execute the laws 1t VIII the