Horatio G. Wright to Jeremiah T. Boyle, November 26, 1862
Brig. Gen. J. T. BOYLE, Commanding, &c., Louisville, Ky.:
GENERAL: The letter of Col. John W. Foster, commanding at Henderson, Ky., reporting the arrest in Webster County of J. M. Pritchett, on the charge of murder, and recommending the appointment of a military commission for his trial, has been received. If, as represented in the statement of the two citizens of Webster County, the civil authorities of that county are in such a deranged condition as to render it impossible for Pritchett to be tried at this time by such authorities, it would, it is believed, be proper to institute a military commission for the trial, if the crime be in violation of the laws of war, or the punishment therefor necessary to restore the authority of the Government. Whether the present case would come under either of these heads, as the actual circumstances attending the murder are not stated. Even if a commission could be instituted as above, it should be done after ascertaining definitely that the authorities are powerless, and to this end a copy of Colonel Foster’s letter and inclosure have been referred to the Governor of Kentucky, with request that he will state whether or not the civil authorities can act if sustained by a military force.
Very respectfully, your obedient servant,
Major-General, Commanding.
Washington, November 27, 1862.