Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-04-02

10 Governor Pease-A LOil" "
Sneak IIebuked. 'Ht.n I. " +
HEADQ'Rs FIFTH MILITARY DIsT. a |
NEW ORLEANS, La, March 9, 1868. : |
To his Ezcellency, E. M. Pea5e, Gooer-
nor Of Teaas
SIR: Your communication of the 18th |
January last was received in due course
of mail (the 27th january, but not un-
til it bad been widely circulated by the
newspaper press. To such a letter,
written and published for manifest pur-
poses, it has been my intention to reply
as soon as leisure from more important
business would permit. ~.
Your statement that the act of Con-
gress "to provide for the more efficient
government of the rebel States" de-
clares chat whatever government existed
in Texas was provisional; that peace
and order should be enforced that
Texas should be part of the Fifth Mill
tary District and subject to military
power; that the President should ap-
point an officer to command in said dis
trict, and detail force to protect the
rights of person and property, suppress
insurrection and violence, and punish
offenders, either by military commission
or through the action of local civil tri-
bunals, asin his wnjudgment mightseem
best, ,swill not be disputed. One need
only read the act to perceive it contains
such provisions. But how all this is
supposed to have made it my duty to
order the military commission requested,
you have entirely failed to show. The
power to do thing, if shown, and the
propriety of doing it, are often very
different II alters. You observe you are
at a loss to understand how govern
ment without representation in Congress,
or militia force, and subject to military
power, can be said to be in the full ex-
ercise of all its proper powers. You do
not reflect that this government, created
or permitted by Congress, has all the
powers which the act intends, and may
fully exercise them accordingly. If you
think it ought to have more powers,
should be allowed to send members to
Congress, WELD a militia force, and pos
sess yet other powers, your complaint is
not to be preferred against me, but
against Congress, who made it what it is.
AS respects the issue between us, any
question as to what Congress ought to
have done has no pertinence. You ad,
init the act of Congress authorizes me to
try an offender by military commission,
or allow the local civil tribunals to try,
as l shall deem best; and you can not
deny the act expressly recognizes such
local civil tribunals as legal authorities
for the purpose specified. When you
contend there are no legal local tribunals
: for any purpose in Texas, you must either
deny the plain reading of the act of Con-
gress or the power of Congress to pass
, the act.
You next remark that you dissent from
my declaration "that the country (Texas
is in state of profound peace," and pro-
ceed to state the grounds of your dissent.
They appeared to me not little extra
). ordinary. L quote your words: " 1t is
true there no longer exists here (Texas)
!. any organized resistance to the authority
of the United States.' "But a large
majority of the white population, who
participated in the late rebellion, are en-
bittered against the Government, and
yield to it an unwilling obedience" T."
: Nevertheless, you concede they do yield
it obedience. You proceed: (" None OF
this class have any affection for the Gov
ernment, and very few any respect for it.
They regard the legislation of Congress
on the subject of reconstruction as un-
constitutional and hostile to their inter
lests, and consider the Government now
existing here under the authority of the
United States as usurpation upon their
rights. They look upon the emancipa.
tion of their late slaves and the disfran
chisement of portion of their own class
as an act of insult and oppression"
And this is all you have to present 70,
proof that war and not peace prevails il
Texas; and hence it becomes my duty
$50 you suppose) to set aside the local
: civil tribunals and enforce the pena
: code against citizens by means o
! military commissions.
!. My dear sir, l am not a lawyer, nor ha!
it been my business, as it may have beer
yours, to study the philosophy of state
craft and politics. But | may lay claim
i after an experience of more than half :
y lifetime, to some poor knowledge of mel
;. and some appreciation of what is neces
sary to social order and happiness. Anc
for the future of our common country
could devoutly wish that no great mum
ber of our people have yet fallen in witt
: the views you appear to entertain
Woe be to as aoheneUer 1t shall come t
pass that tAepoaoer o the magistrate, fiui
or military, IS permitted to deal aoith til
t. mere opinions or. feelings of tile people.
: have been accustomed to believ
;. that sentiments of respect or disrespect
and feelings of affection, love or hatred
: so long as not developed into acts of vic
lation of law, were matters wholly be
r yonds the punitory power of human tr
bunals.
will maintain that the entire free
: dom of thought and speech. howeve
tacrimoniously indulged, is consister
: with the noblest aspirations of man an
s. the happiest condition of his race.
. When boy remember to have rea
speech of Lord Chatham, delivered
Parliament. 1t was during our Revolt
tionary War, and related to the polio
u of employing the savages on the side
Britain. You may be more familis
with the speech than 1 am. If l al
not greatly mistaken, his lordship d.
!. nounced the British Government-h
Government in terms of unmeasured bi
terness. He characterized its policy i;
revolving to every sentiment of human
IN. ty and religion; proclaimed it covere
with disgrace and vented his eternal al
horrence Of it and its measures. 1t ma.
think, be safely asserted that major
ty OF the British nation concurred in I'll
views of Lord Chatham. But whoev,