Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1868-04-07

that for one party to assert that law or system
of legislation is unconstitutional, oppressive,
and usurpative, is not a new thing IN the
United States. That the people of Texas
consider acts of Congress unconstitutional,
oppressive or insulting to them, is of no conse-
quence to the matter in hand. The Presl-
dent of the United States has announced his
opinion, that these acts of Congress are un-
constitutional. The Supreme Court, as you
are aware, not long ago decided unanimously
that certain military commission was uncon-
stitutional. Our people everywhere, in every
State, without reference to the side they took
during the rebellion, differ as to the con-
stitutionality of these acts of Congress. How
the matter really is, neither you nor may
Dramatically affirm.
If YOU deem them constitution al laws, and
benefcent to the country, you not only have
the right to publish your opinions, but it
might be your bounden duty as citizen to do
So Not less is it the privilege and duty OF
any and every citizen, wherever residing. to
publish his opinion freely and fearlessly on
this and every question which he thinks con-
Germs his interest. This is merely in accord
ance with the principles of our free Govern
ment; and NEITHER you nor [ would wish to
live under any other. 1t is time now, at the
end of almost two years from the close of the
war, we should begin to reco llect' what man
ner of people we are; to tolerate again tree,
popular discussion, and extend some torbear-
ance and consideration to opposing views
The maxims that in all intellectual contests,
truth is mighty and must prevail; and that
error is harmless when reason is left free to
combat it, are not only sound but salutary.
1t is poor compliment to the merits of such
a cause, that its advocates would silence op
position by force; and generally those only
who are in the wrong will resort to this un>
generous means. 1 am confident you will not
commit your serious judgment to the propo
sition that any amount of discussion, or any
sort of opinions, however unwse in yourjudg-
ment; or any assertion or feeling, however
resentful or bitter, not resulting in the breach
of law, can furnish justification for your de-
nial that profound peace exists in Texas.
You might as we'll deny that profound peace
exists in New York, Pennsylvania Maryland,
California, Ohio, and Kentucky, where ma
jority of the people differ with minority on
these questions; or that profound peace ex
lists in the House of Representatives, or the
Senate at Washington, or in the Supreme
repeatedly discussed, and parties respectfully
that in parts of the State (Texas) it is diff
cult to enforce the criminal laws; that Sher-
ifs fail to arrest; that grand jurors Will not
always indict; that in some cases the military,
acting in aid of the civil authorities, have
not been able to execute the process of the
courts; that petit jurors have acquitted per-
sons adjudged guilty by you; and that other
persons charged with offences have broke Jail
and fed from prosecution. know not how
these things are; but admitting your rcpre>
sentations literally true, if for such reasons
[ should set aside the local civil tribunals and
order military commission, there is no place
in the United States where it might not be
done with equal propriety. There is not
State in the Union, North or South where
the like facts are not continually happening.
Perfection is not to be predicated of man or
his works. No one can reasonably expect
certain and absolute justice in human trans
actions; and if military power be set in mo-
ton, on the principles for which you would
seem to contend, [ fear that q civil govern
meut regulated by laws could have no biding
place beneath the circuit of the sun. It is
rather more than limited in your letter, that
there is no local State government in Texas,
and no local laws outside of the acts of Con-
gress, which [ ought to respect; and that L
should undertake to protect the rights of
persons and property in my o'cn 'coy, and in
an arbitrary manner. If such be your mean
ing I am compelled to differ with you. After
the abolition of slavery, Gan event which
hope no one now regrets the laws ofLouis-
lana and Texas: existing prior to the rebel
lion, and not in conflict with the acts of Con-
gress, comprised vast system of jurispru
dence, both civil and criminal. It required
not volumes only, but libraries to contain
them. They laid down principles and prece-
dents for ascertaining the rights and adjust
ing the controversies of men in every con-
cevable case. They were the creations of
great aud good and learned men, who had
labored, in their day, for their kind, and
gone down to the grave, long before our re,
cent troubles, leaving their works an inesti-
mablc legacy to the human race. These laws
as I am informed, connected the civilizations
Of past and present ages and testified of the
Justice. wisdom, humanity, and patriotism of
more than one nation, through whose records
they descended to the present people Of these
States l am satisfied from representations
of persons competent to judge, they are as
perfect system of laws may be found
elsewhere, and better suited than any other
to the condition of this people-for by them
they have long been governed. Why should
it be supposed Congress has abolished these
laws? Why should any one wish to abolish
them? They have committed no treason, nor
are hostile to the United States, nor counte-
nance crime, nor favor injustice. On them,
as on a foundation of rock, reposes almost
the entire superstructure of social order in
these two States. Annul this code of local
laws, and there would be no longer any rights,
either of persons or property, here. Abolish
the local civil tribunals made to execute them
and you will virtually aunul the laws, exc ept
in reference to the very few cases cogniza-
BILE in the Federal courts. Let US, for mo-
ment, suppose the whole local civil code an
nulled, and that am left as commander of
the Fifth Military District, the sole fountain
of law and justice. This is the position in
which Won would Mace me-