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292 has been as follows: When complaint is made by a freedman (no cases where refugees are a party are reported) to the Sub Asst Commissioner of outrages committed upon him the Agent enters it in his complaint book and sends an order to the accused notifying him that a complaint has been lodged against him and the nature thereof. At the same time he orders the accused (as well as the accuser) to appear at his office on a certain day and hour to answer to the charges. On the day appointed for the trial or investigation of the complaint, the Sub Asst Coms'r hears the evidence presented and decides, whether or not the charge is sustained. if sustained he assesses a fine varying in amount according to the nature of the offense. Occasional instances are reported where the sentence has been imprisonment in the County Jail or Guard house but these have been very very rare. The rule has been to punish by fine. This is 'briefly' a statement of the course pursued by the Agents of the Bureau in this State where they have adjudicated cases of the nature mentioned in your letter where their [[left margin]] *(canceled) [[/left margin]] *(Many wrongs have gone unpunished for the reason that the people have openly defied the authority of the Agents to act, and without troops or any other means at their command they have been powerless and unable to enforce judgments, either civil or criminal - especially has this been the case since the issuance of General Orders No. 40 Series of 1867, Hdqrs 5th Military Dist. (a copy of which is herewith enclosed) and the withdrawal of the detachments which had been furnished Agents for their protection and the better performance of their duties. The form given however is the method pursued by the agent when their authority is respected, or they have had troops to enforce) [end of canceled portion] authority has been respected or they have had troops to enforce it. Crimes of high degree such as murder, arson &c for which there is no adequate punishment save the gallows and penitentiary go unpunished. Myself and Subordinates could not if we would punish for such crimes and the civil law though unable in its provisions is not executed. I enclose herewith two special cases (real) reported by W.H. Horton Sub Asst. Coms'r at Dallas, Dallas Co. Texas. I have the honor to be, Genl, Very Respectfully, Your Obt. Servt JJ Reynolds Bt Major Gen'l U.S.A. Asst Commissioner 293 537. Head qrs Dist. of Texas Bureau R.F. & A.L. Austin, Texas, April 14, 1868 Howard Maj. Gen. O.O. Commissioner &c Washington, D.C. 536/538 General, Referring to your letter of 26th ult. (excepting first paragraph answered in another letter of this date) The detachments of soldiers with Bureau Agents have been withdrawn. The soldiers on this duty were not kept under discipline and in my judgment did more harm than good. The question of sustaining Bureau Agents in the exercise of their legitimate authority is one of no little difficulty; it has received much reflection at my hands, the result of which will be found in the enclosed General Orders No 4 from which I hope to obtain uniform and satisfactory action - Time and experience will show whether my hopes are well founded. The records of the Bureau, files of circulars, orders and letters of instruction from this Headquarters, up to October 1867, personal interviews with Agents and Civilians, all go to show that the affairs of the Bureau in Texas. have heretofore been conducted with little regard to system. Agents have done many unauthorized things. The great extent of Territory and difficulty of travel and correspondence in Texas have embarrassed the operations of the Bureau. After sufficient time shall have elapsed for the trial of General Orders No. 4, I propose to send several officers, such as referred to in your letter, to different parts of the State to inspect and report upon its working - I attach no blame to any plan for what has gone on before - I simply say the results have been unsatisfactory. The condition of affairs generally in Texas is not comprehended by people out of the State, and to be fully appreciated must be experienced. The universal failure to execute criminal law is appalling. There are many law abiding good people in Texas, but it is a remarkable fact that the aggregate sentiment of the people generally, regardless of party or politics, is averse to punishing men for murder and other great crimes. I can conceive of no remedy for this state of affairs, but a change in public sentiments. This change will come with an increase of population, and must be gradual. I am, General, Very Respectfully Your Obt. Servt. J.J. Reynolds Bt. Maj Gen U.S.A. Asst. Commissioner
