117
WRITINGS OF SAM HOUSTON, 1842
send me the history of the several parts of the companies which I hear of. Unless the troops are required by you, it is not proper for them to be there, and consume the stores of those who are to be supplied as emigrants. These things must be regarded as of primary importance to our service. If you hear of any disorders within the limits of your command, you take the necessary means to reduce them; and if needful, call on Colonel Owen to put down all impropriety. I will soon write to you on matters ancl things in general. You have seen some things about "generals" sent to volunteers-to Mr. Lumsden, for instance. Sam Houston [Rubric] 1 "Houston's Private Executive Record Book," pp. 153-154, courtesy of Mr. Franklin Williams. See Houston to Davis, May 31, 1842, this volume.
TO JEREMIAH CLEMEN'S 1
Galveston, June 13, 1842.
To Lieutenant Colonel Jeremiah Clemens. Sir, In reply to your question of date of the 12th inst., I have to say that you have power to order courts martial for the Post of Galveston, embracing all cases which may arise on the Island, subject to martial law-and where they are subject to civil rule, you have power to hand over the offenders to the civil author- ities to be punished as their offences may demand. The jurisdic- tion of such court will extend to all offences not capital. You have the competency, where the safety of the service or the wel- fare and safety of the'country may, in your judgment, require it to be done, to place any one in your command in irons. It would be an extreme case that would justify a commanding officer to place subalterns in irons, but where an arrest is broken, or the guard is insufficient for the safe keeping of the arrested officer; or in case of mutiny, the commanding officer would be justifiable in so doing. If a non-commissioned officer, or soldier, should be refractory, the officer can, at his discretion, place him in irons. From the moment the troops were mustered, they all became sub- ject to martial rule and the regulations of the army of Texas; and in cases which are subversive of discipline, the law contem- plates the power of punishing officers and soldiers by court mar- tial, whether commissioned or not-if the members of the court are sworn.
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