The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-03-28


govemment-in terms Of unmeasured bitterness.
He characterized its policy as revolving to every
senumentof humanity and religion; proclaimed
" covered with disgrace, and vented his eternal
abhorrence Of it and its measures. 1t may think.
ce safely asserted that majority of the British
nation concurred in the views Of Lord Chatham.
But whoever supposed that profound peace was
not existing in that kingdom, or that government
had any authority to question the absolute right
"a the opposition TO express their objections TO
the propriefy Of the kings measures in any word
OF to any extent they pleased, 1t would be diff
cult 70 show that the opponents of government
IN tie days Of the elder Adams, or Jefferson or
Jackson, exhibited for it either Affection or
respect" 4ou are conversant with the history
Of our past parties and political struggles touching
lefi-lation on alieDsge, sediton. the embargo.
ma ioDal banks, our wars with England and Mex
leo. and cannot be ignorant of the fact, that for
one party to assert that law or system Of egisla-
ton is unconstitutional, oppressive aud usurps-
tive, is not new thing in the United States. That
tbe people Of Texas consider acts of Congress
UNCONSTITUTIONAL oppressive or insulting to them
Is OF no consequence TO the matter III hand. The
pl esldeDt Of the United States has announced his
Opinion, that these acts of Congress are uncoa-
siituiional. The Supreme Court, as you are aware
lot long ago decided unanimously that a certain
military commission was unconstitutional. Our
people everywhere, in every State, without refer.
ence to the side they took during the rebellion.
differ as to the constiutionalty of these acts of
nor may dogmaticslly affirm.
III you deem them constitutional laws, and bene-
hcisi TO the country, you not only have the right
70 publish your opinions. but 1t might be your
bonnden duty as citizen to do so. Not less is
il Il privilege and duty of any and every citizen,
wherever residing, to publish his opinion freely
and fearlessy on this and every question which
he thinks concerns his interest This is merely in
accordance with the principles of free govern
ment; and neither you nor I would wish to live
urdqr Ofher II Is a Inf
almost two years from the close of the war, we
should begin to recoect what manner Of people
we sre TO tolerate again free, popular discussion,
and extend some forbearance and consideration to
opposing views. The maxims that in all inteilec-
tual contests truth is mighty, and must prevail:
and that error Is harmless when reason is left free
TO oombstit, are not only sound, but salutary.
Ii is poor compliment to the merits Of such
cause, that its advocates would silence opposition
by forces and generally those only who are in the
wrong will resort to this ungenerous means. l
am confident you will not commit your serious
judgment to The proposition that any amount of
discussion, or any sort of opinions, however un-
wise in your judgment; or any assertion or feel
ing, however resentful or bitter. not resulting in
breach Of law, furnish justification for your
denial that profound peace exists in Texas. You
might as well deny that profound peace exists in
New York, Pennsylvania, Maryland, California,
Ohio and Kentucky, where majority Of the peo-
pie dlffer with minority on these questions; or
that profound peace exists in the House of Re-
presentatiyes. or the Senate, at Washington, or
in the Supreme Court. where all these questions
have been repeatedly discussed, aud parties re-
spectfully and patiently heard. You next CON-
PLAIN that in parts of the State cexas it is Diff
cult TO enforce the criminal laws; that sherihs
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 ju-
rors have acquitted persons adjudged guilty by
you; and that other persons charged with offenses
have broke jail and fed from prosecution. /
know not how these things are but admitting
your representations literally true, if for such
reat ons 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
wi In equal propriety. There ia 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 transactions; and if military power is to
be set in motion, on the principles for which You
would seem TO contend, / fear that civil govern
ment, regulated by laws. could have no abiding
place beneath the circuit Of the sun. 1t Is
Taiher more than limited in your letter. that
there is no local State government in
Texas, and no local laws outside of the
ac's OF Congress, which | ought to respect:
and that should undertake to protect the rights
Of persons and property IN my oson 'oay and in
an arbitrary manner. If such be your meaning,
am compelled to differ with you. After the
abolition of slsvery,'(an event which hope no
one now regrets the laws of Louisiana and Texas
sxisting prior to the rebellion, and not in conflict
with the acts Of Congress, cOmDrised yast sys-
lem of Jurisprudence, both civil and criminal. II
required not volumes only but libraries to contain
hem. They laid down principles and precedents
or ascertaining the rights and adjusting the con
Ioversies OF men in every conceivable case.
They were the creations of great and good aad
earned men, who had labored, in their day, for
heir kind, and gone down to the grave long be-
one our recent troubles, leaving their works an
nestimapie legacy 70 the human race. These
avs. asd am informed. connected the civilization
II past and present ages, and testified of the lust.
ce, wisdom, humanity and patriotism of lmore
han one patton, through whose records they de.
cended to the present people of these States. | |
m satisfied, from representations of persons CON-
'etent TO Judge, they are as perfect system Of |
avs as may be found elsewhere, and better suited
han any other to the condition Of this people, for
y them they have long been governed. Why |
houd it be supposed Congress has abolished |
hose laws? Why should any one wish to abolish |
hem? They have committed no treason, nor are |
ostile to the United States, nor countenance |
rime, nor favor injustice. On them, "a on a |
Of rock, reposes almost the entire su- |
obstruction of social order in these two States.
nnul this code Of local laws, and there would be
Q longer any rights, either Of persons or pro |
erty, here. Abolish the local civil tribunals
lade 70 execute them, and you would virtually |
nnul the laws, except in reference to the very |
Nv cases cognizable in the federal courts. Let /
: for a moment suppose the whole local civil |
ode annuled, and thatI am left as commander of
ne Fifth Military District, the sole fountain of
~ and justice. This is the position in which you
'ou place me.
am now to protect all rights and redress all
roDgs. How Is it possible for me to do it? |
questions arise, of which am not
My ignorant, but TO the solution of which mill
ny court is entirely unified. One would estab.
81 will, another a deed; or the question is one
succession, or partnership, or descent or trust
suit OF ejectment or claim to chattels or the
pplication may relate to robbery theft, arson or
prder. How am | to take the first step in any
ich matter? If | turn to the acts of Congress 1
nd nothing on the subject. dare not open the
nihors on the local code, for it has ceased to
zist.
And you tell me that in this perplexing eoudi.
on am to furnish, by dnt of my own hasty aud
-ude judgment, the legislation demanded by the |
asst and manifold interests of the people! / re-
eat, sir, that you, and not Congress, are respon-
bic for the mons,rous suggestion that there are
Q local laws or Institutions here TO be respected
J me, outside the acts of Congress. say IN
If 1t were possible that Congress
lould pass an act abolshing the local codes for
ousiana and Texas-which do not believe-and
should fall TO my lot to supply their places with
lmething of my own, | do not see how | eould
0 better thar follow the laws 10 force here pri1r |
the rebellion, excepting whatever therein shall
'late to slavery. Power may destroy the forms
~ not the nrinRinlee of insfica fhasa will liz