Washington telegraph., 1864-05-18
The Texan LeRisla-

bly, by Gov. Flannagi.n We suggest this with
all due Difference to our Governor, Who may be
| supposed and doubtless has more fully consid-
cred the matter in all its bear ngs II is certainly
| bad economy to sacrifice the government Of our
State to save expense. II we allow our civil
government to go by default, it will not only
have bad effect upon the spirits and patriotism
OF our people, manyiof whom may, and already
begin to consider our State government defunct.
but it will give color abroad to the Federal as
sumption that we are already conquered. This
idea is industriously circulated there. late
number of Harper's Weekly has chart repre-
senting the States subjugated by Federal armies
All of Arkansas is included in the subjugated
| territory. We ourselves know that their power
does not extend one inch beyond the pickets Of
their military encampments. But if we exhibit
nothing of the vitality of State government in
any part of the State, we cannot be surprised to
find the Federal representation of our condition
| taken correct
This is important When forced to negotia-
tions for peace, the Q. S. governmcn, will con-
tend for the principle of uti possidslis-that is,
to retain all they have. If we have no organ
lzed State government actually working, to
sustain and enforce our laws we can make
but poor showing against the assumption
that our State government is subverted. and
one under Federal authority substituted in its
place. II is far better that they should not have
| plausible showing for such an existing fast.
whether the principle be ceded or not. Be4des
that, great many people, unaccustomed to de-
eide for themselves. are strongly inclined to seek
rest from their troubles by submission to the
| government de facto or what they conceive to
be such Our State government, under our
Constitution, should he constantly asserting itself
as the true government de fdcto. Whilst lying
dormant, it may not be recognized as such.
| We would like much to see our county and
municipal organizations all restored, and our
courts in session over all portions of the State
not actually occupied by Federal armies. The
sheriff should again be the supreme executor of
civil and criminal law throughout the land
Crime which now stalks shamefully abroad,
would hide its hideous head in secrecy as before.
The grand jurors should again become the con-
servators of the lives and property of the citi-
zens The civil arm would be sustained by the
military. Soldiers, either the reserved forces or
those of the regular organization, would always
1 be permitted and ordered to lend the sheriff their
aid in the execution Of the laws. Under such a
state of things men would be no longer shot
down in open day by iendish assassins, nor ciii-
zens be robbed before their eyes Of horses and
other property by banditti, either falsely as
suming to be soldiers of the Confederacy, or, if
such, disgracing the cause by their crimes.
| Lynch law is no remedy. Itis alarming to all
who reat ct that, when once inaugurated under
public sanction, the most innocent ore no longer
safe from the hatred and malice of others who
may choose to suspect and punish them of crime.
However excusable in particular cases, the prac-
tics is horrible. There should be left no pretext
| for it in the fact that our courts are all dead.
Nor is there any reason to apprehend that the
conflict of civil and military authority might
endanger our unity. There is no conflict. Each
has its own sphere. The courts yield to all le-
gitimate authority vested in the War Depart
raent, The commander of the Trans Mississippi
department has clearly shown in many cases, and
in different ways, that he is willing to bow TO the
majesty of the laws, and assist in their enforce
ment by lending when practicable, the force o.
the military arm. And it may be noticed more
over. that in no case has conflict yet arisen IL
any Southern State between the courts and mill
tsry authorities wh;c ;ch has not been coon adjust
ed without any breach of harmony.
From these considerations we seem to perceive
many advantages to our citizens at home, the
political interests Of our State, and the cause o
the Confederacy. to arise from . small amoun
of judcious legislation. Some of it is indispen
sibie for instance, some provision fer the pun
ishment of feonies less than capital. We hav'
no longer the control of our penitensiary. "ha
then. Shall we fold our arms. and say ther
shall be no punishment for crime!
Provision is already made by law against tn
collection of debts, and for continuing cases Oh
account Of absence of parties or witnesses in tn
army. No soldier interest could be affected
by our courts-
A vigorous State government operating TO en-
force the laws, and protect life and property IN
those parts of the State unoccupied by the enemy
vonld do much to sustain such condition o
society a. would be most effective in supporting
the army, Encouraging desertions, and preserv
ing calm and steady the patriotism OF the people
The principles of many cannot be trusted in tn
decentralization which always attends civil an
archy Besides that. such government woui'
! extend itself Immediately, with all 1t. vita
power, over such counties as We might recove
from the enemy. 1t wopld follow our army ant
take possession of the soil as rapidly as the enc
nv mi yht be forced back As the last hostile
foot withdrew, we would find ourselves al:ead.
a fully restored State, without any inter-regnum
| and free of the embarrassments which attend al
| goyernm ents renasceat from a condition of abe,
| ance.
A meeting of the Legislature is necessary TO
the perpetuity of our government. The term
of members Of the lower House and one half tn
Senators expire next October. If our civil or
ganizations are not kept up. there will be M
regular elections, ana the Legislature will bt
dead. 1t will require two years or a change O
Constitution to revive it. Meanwhile, the who'll
shadow of State sovereignty would reside in th'
| person of the Governor alone. 1t will look like
subjugation certainly, and will be so considered