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Executive Office,
Jackson, Miss., Oct 23d 1865.

Sir

In response to "telegram" from Col Thomas of 22" inst, I can only say that no Order has been issued from this Department for the arrest of Capt Peck, and that I am informed by the Sheriff of Copiah County, that he had arrested Capt Peck upon a warrant issued by a Magistrate in that County upon the affidavit of Drury J Brown a citizen of Mississippi for assault and battery upon said Brown — That the matter had been tried, and the Magistrate has required Capt Peck to enter into a recognisence to appear before the next Circuit Court to answer for the offence — Under the Constitution and laws of Mississippi, this is a case in which the executive, has no right to interfere, it being a matter adjudicated by a competent judicial officer

I sincerely hope Capt Peck will at once give the bond, and thus relieve the state authorities, from any collision with the military, an end so much desired by every good Citizen of the State -

Very Respectfully, Yr obt. Ser.
Benj. G Humphreys
Governor of Miss

To Lt Col R. S. Donaldson
A. D. C.