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0847
of the case to add that Millsted was arrested by order of Gen Reynolds on my application and is now in prison. A writ of Habeas Corpus was served on Gen Reynolds and compliance declined for the following reasons.

"The prisoner is held by authority of the President of the US. in accordance with Act of Congress of July 16th 1866. Sec 14, entitled an Act to continue in force and to amend "An Act to establish a Bureau for the relief of Freedmen and Refugees and for other purposes"; Act of Congress of April 9th 1866 Sec 9. entitled "An Act to protect all persons in the United States in their Civil Rights" and to furnish the means of their vindication; instructions from the Asst Commissioner of Bureau of Refugees Freedmen and Abandoned Lands for the State of Texas, to Sub Asst Comm'r at Brownsville dated Galveston, Texas, January 5th 1867, and Circular 1 Hd Qrs District of Texas, January 12' 1867. It is held that this case is wholly beyond the jurisdiction of the State Court of Texas (see Ableman vs Booth 21 Howard 523, also Judge Advocate General Holts Digest p 118 Sec 11.).

I would respectfully suggest that this case be brought before the first term of the U.S. District Court for the State which I am informed will be in session next month