Letter from Charles A. Smith to Mississippi Governor Benjamin G. Humphreys; October 9, 1866

Office of the District Attorney 8_th Judicial District Jackson C. H. Miss October 9_th 1866

To His Excellency B. G. Humphreys Governor of the State of Mississippi Jackson Miss.

Sir.

I have the [page torn] knowledge the receipt of two [page torn] cations from your office, of [page torn] 18_th and Sept 25 ultimo respectively - [page torn] from home precluded an [page torn] as the enclosures, were only [page torn] to me today.

Before proceeding to discuss, the subject matter of the Communication, of the 10_th September 1866, from Gen Wood, I must be permitted to express my amazement upon the facility with which, officers wearing the Federal uniform, seem to seize upon the mere ex parte declaration of parties accused of crime, to inveigh against and call in solemn question under threats of Military force, the acts of gentlemen who are engaged in the discharge of Official duty, under [age torn] tion of an oath, with a full [page torn] the Situation of affairs.

The assertion made in the affidavits of the men Jones, that they are subjected to prosecution for an act of war, is simply false. They are indicted, if my memory serves me right for larceny of the private property of a citizen of Perry County. The Grand Jury under my advice, were particular to guard against any action, in any case when by any possibility, it might have been done militarily-- I know nothing of the antecedents or character of the parties, other than what is or can be gathered from the general [page torn] in the community in which [page torn] hitherto lived, and within the [page torn] which they have so long dep[page torn] and [aired?] the integrity of [page torn] simply hung upon the verge [page torn] armies, ready to steal from both.

So much for the Messrs Jones. I will now, turn to the enclosure from John McInnis- The Statement that the party Daniel H. C. McInnis, burned the Jail of Perry County, as act of war, or that said prison was ever used as a "rebel Stronghold", or for any other than purposes than those of local county police, or that at the time said McInnis was in the Military service of the U.S. Government is wilfully, deliberately and corruptly false- False in statement, [page torn] inuendo, false in the detail, [page torn] in the aggregate.

Further in relation to this man McInnis, he is likewise under indictment, for a wanton and villianous robbery, of a citizen of Perry County, upon the occasion of the arson of the Jail - a citizen who was at the mercy of this vandal mob, and whose property was sacrificed by them to gratify an unchastened thirst and appetite for spoil and plunder.

I distincly announce to Your Excellency, that since I have worn this State's Commission, as her Law officer [page torn[ District, no person has been [page torn] for malice, hatred or ill will, [page torn] ny one been left unprosecuted [page torn] ear favor or affection, or for [age torn] rd or hope or promise thereof. [page torn] we endeavored to discharge my office calumly, temperately and at the same time impartially, looking only to the Laws of the State of Mississippi; as the indices, which point to me the path and line of official rectitude.

I shall so long as mind and memory remain, and I am in commission, go foward in the execution of my office without fear, or reproach, though the sources from _which such fear emanates be surrounded by the paraphenalia of military pomp, or such reproach should spring [page torn] lewd, the vicious and the idle [page torn] infest our stricken & helpless community

I have been assiduous in my efforts, to restore quiet, to the land, and repose to society - have systematically endeavored to promote the restoration of order, and allay the inflamation generated by the stirring and tremendous struggle which has just closed; and I beg leave respectfully to say, that in my opinion, if, gentlemen occupying military position are actuated by an earnest desire to promote the harmony, they speak of, such end can best [page torn] by aiding the Conservators [page torn] in the honest discharge of [page torn] of extending the aegis of mi[page torn] over lawless and violent men [page torn] ex parte statements of person, [page torn] in evading the laws and [page torn] justice-

How can the General know, that those persons are within the purview of the Act of Congress alluded to? Upon their own unsupported statements? or by an open and candid examination into the facts? I am told that the General is a lawyer; if so he must know, that the statements of the accused, are ever to be received with caution, weighed with circumspection, and acted upon with deliberation - and it is for him to say whether these tests have been a[page torn] the cases referred, when instea [page torn]

the fountains of evidence, and eliciting the truth, through legal channels, he springs at once to illogical and unjust conclusions, arrays the integrity of sworn ministers of the law, fulminates his edict of protection to parties accused of crime upon their own unsupported declaration, and by inuendo at least, conveys to that sworn officer, threats of military violence, unless certain official action indicated in the order is adopted, and [page torn] by the legally constituted _civil tribunals [page torn].

I have submited the facts [page torn] se, were such as are described [page torn] 's note, doubtless such a course [page torn] ates, might & would be pursued [page torn] long as the cases are as I have set forth, I must & will pursue my duty, even though its lines be environed by danger, and the path to its execution be obstructed & be impeded by military au-thority, which in all constitutional juris-dictions should be subornate to the civil-

I may in the execution of my office be overpowered, by "superior members and resources", but I assure Your Excellency I will never be over aived--

Respectfully

Chs A Smith Dist. Atty.

[page torn] A. Smith [page torn]t Attorney 8th Dist

[page torn] ver to Governor's [page torn] of Sept 18_th & Sept 20 1866.