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232 Head Quarters Sub-Dist of Alabama Montgomery Oct. 22d 1866 Dedman James M. Esq. Sheriff of Dallas County Ala. Sir Your note (without date) to Lieut George Shorkley, 15th U.S. Infy. Commanding Post of Selma, enclosing writs for the arrest of Lt. S.L. Hoge, 6" U.S. Infty. now on leave of absence at that place, has been referred to these Head Quarters for instructions. Lieut Shorkley is directed to refuse your application. The enclosed order of Gen. Grant, making provision against the neglect, failure and inability of civil courts of the States lately in rebellion, to arrest and bring to trial parties charged with crimes and offenses against officers and Agents of the United States, and certain other persons, is yet deemed necessary and in force, as shown by endorsements received from superior Head Quarters. While this is the case it is not believed to be the policy of the United States to surrender persons in its military service to trial by those courts. The fact is observed and will serve to illustrate the above that in the warrant of arrest "for assault with intent to kill," which accompanies your communications, as much as relates to giving bail is erased from the printed formula directing you to "commit to jail unless he give bail." indicating a procedure directly at variance with the practice hitherto in your county, in cases of notorious and unprovoked murder of certain other citizens of the United States. It is observed by way of further illustration, that the same officer is indicted by the same court, for "carrying concealed weapons", while in this military service. At the same time, that justice may be fully established in the premises, a notice which has been heretofore less formally given is renewed, that Lieut. Hoge will be subjected to strict and impartial military trial, whenever the facts charged against him are authentically presented. You are therefore notified to desist from attempting the arrest of any person in the military service of the United States until the will of the President shall be otherwise made known Very Respectfully Your Obdt. Servant Wager Swayne Major General 233 Head Quarters Sub Dist. of Alabama Montgomery Oct. 22d 1866 Whipple Bvt Brig. Gen. Wm D. 229/292 Ass't Adjt Gen'l. Nashville Tenn General Your telegram of 20th inst. was received yesterday, Sunday. Meanwhile I had learned from Bvt. Maj. W.A. Elderkin, C.S. stationed at Mobile, that he could be absent three weeks in a month without interfering with the duties of his position, and I have ordered him to report at this place for instructions. I am obliged by your endeavours in the premises. I shall not now go to New York via Nashville as proposed. I am General Very Respectfully Your Obdt. Servant Wager Swayne Major General Head Quarters Sub-Dist of Alabama Montgomery Oct. 23d 1866 Hudson Major E.M.K. 230/235 Commanding Post of Mobile Mobile Alabama Major In acrimonious and disrespectful communication addressed by you to these Head Quarters, is received, in reply to a note from O.D. Kinsman, lately known to you as Ass't. Adjt. General. That gentleman, now in the service of the War Department, Bureau of Refugees, Freedmen and Abandoned Lands, transmitted to you from the funds of the Bureau, and at my request, a sum of money for which you had become accountable, and expressed my desire for certain information. As, while I do not propose that you shall be insulted unnecessarily annoyed by any one responsible to me. I am yet of decided purpose to maintain both "celerity of action" and entire respect, you will do well to reply stating more plainly your grievance in the premises. Very Respectfully Your Obdt. Servant Wager Swayne Maj. Gen. Comdg Sub Dist of Ala.
