309 On the 17th day of January the names of the other offend- ers having been made known to the public thro an article pub- lished over their own signatures & addressed to the people of Texas, Joshua R. Carmack Eqr. appeared before me and filed his complainant against the offenders not embraced in the one made by Maj Neighbors, and prayed that a warrant might issue for their arrest. Each of said compainants made oath that the alledged offenders were organized, and had produced others to organize with them, and were acting in violation of law, and that no peace officer could possibly arrest them in the event of armed resistance which was to be feared. And further I was assured that Captain Ford had stationed himself near the locality of the supposed of- fenders and was awaiting the arrival of legal process for their speedy arrest. I was further assured that Captain Ford had been advised with and consulted, and that he had expressed his perfect willingness, to execute any legal process, which might be directed to him by competent authority. In compliance with palpable duty, and with these assurances be- fore me, and by authority vested in me by law, I issued my war- rant of arrest against said offenders and directed the same to Captain John S. Ford. I accompanied said warrant of arrest with your Excellency's Proclamation. Thus it will appear plain that it was the duty of Captain Ford to execute the warrant addressed to him. Rumor informed me first of the arrival or deposit in Capt Fords hands of the above warrant, and Your Excellency's Proclamation, and of his refusal to make the required arrests. I have today for the first time seen Captain Fords letter ad- dressed "Camp Leon Jany 22d, 1859" to E. G. Gurley Esqr. in which he positively refuses to execute the warrant addressed to him. He has not only refused to execute but has refused or failed to make any return of the warrant. He states in his letter that he will not execute the warrant until other legal means have been tested and "even then (Captain Fords language) I should not feel myself justifiable to resorting to force, except to repel an attack from the other party." I therefore, Sir, write this letter to your Excellency for the purpose of protesting against any such conclusion on the part of Captain Ford. And in behalf of justice and law I protest against his refusal to execute my war- rant of arrest, and complain that Captain Ford has acted on
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