The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1868-04-08

sort ofSopiliions, however sunwise III your
Judgment or any assertion or feeling, how.
ever. resentfnl or bitter, not. resulting ina
breach 5oflaw. can, furnish justification for
your denial that profound peace exists in
Texas. You might as we'll deny that pro
found peace exists in New York, Pensylva-
MID. Maryland, California, Ohio and Ken
lucky, where majority of the people diff.
fer with a. minority on these questions; or
that profound peace exists IN the House
of Representatives, or the Senate, at
Washington, or in the Supreme Court,
where all these questions have been repeat
eddy discussed, and parties respectfully
and patiently heard. Yon next complain
that in parts ofthe State Texas it is diff
cult to enforce the criminal laws that
| sheriff's fail to arrest; that grand jurors
win not always indict; that in some cases
the military acting in aid Of the civil au-
thorities have not been able to execute the
process Of the courts; that petit;iurors have
acquitted persons adjndgsd guilty by you;
and that other persons charged with Of
lenses have broke Jail and fed from pros
ecutiOn. know not how these things are;
not admitting your representations literal
ly true, it for such reasons ! should set
aside the local civil tribunals and order
q military commission, there is no place
in the United States where it might not
he done with equal prQpriety. There is
nOt'a Stats iii the uni0n-NOrth or South
where the like facts are not continually
happening. Perfection nd mot tolbe spredi-
Gated Of man, or his works. No one can
reasonably expect certain and absolute
justice in human transactions; and if mill
tary power is to be set in motion, on the
principles for which you would seem to
contend, fear that a civil government,
regulated by laws, could have no abiding
place beneath the circuit of the sun. 1t is
rather more than limited Ia your letter, that
there is no local State government in Texas
and no, local laws outside Of the acts Of
Congress, which I ought to respect; and
that I should undertake to protect the,
rights Of persons and property il my o,cn
ttay andfh an arbitrary n,aniier. If such be
your meaning, am compelled to differ
with y0n After the abolition Of slavery,
an event which hope no0peaew regrets)
the laws of Lonisiana afidl Texas Existing
prior to the rebellion, and notTip conflict
with the acts of Congress comprised a vast
system of jurisprudence both civil and
criminal 1T required not volumes only,
bnt libraries to contain them. They laid
down principles and precedents for ascer-
tanning the rights and adjusting the con-
troversies., of man in every conceivable
case. They were the creations ofgreat and
good and learned men, who had 'labored.
in their day, for their kind, and gone down
! to the grave long before our recent troubles
leaving their works an ihestimableAe legacy
to the human race These laws, as / am in
| formed, connected the civilization Of past
and present ages, and testified of the just
ice, wisdom, humanity and patriotism of
more than one nation, through whose re-
cords they descended to the present people
of these States ! am satisfied from repre-
sensations Of persons competent to judge
they are as perfect system of laws as 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 LAVISH Why should any
one wish to abolish theim9 They have
committed no treason, nor are hostile to
the United States, nor cotinteuance crime
nor favor injustice On them, as On q
foundation Of rock, reposes almost the en-
tire superstruction 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. Abo1-
ish the local civil tribunals made to exc
cute them, and you would virtually an.
null the laws, except in reference to the
very few cases coguizable in the federal
courts. Let us for moment suppose the
whole local civil code annpled, and that
I am left. as commander Of the Fifth Mill
tary District, the sole fountain of law and
justice. .Thisis the position in which you
would place me.
II am to protect all rights and re-
dress all wrongs. How is 1T possible for
me to doit! Innumerable questions arise,
of which am not only ignorant. but to
the solution Of which military court is
entirely untitled. One would establish a
will, another q deed; or, the question is one
of succession, or partnership, or descent or
trust; suit of ejectment or, claim to
chattels; OF the application may relate to
robbery, theft, arson or murder. How am
to take the first step in any such matter
If / turn to, the acts, Of Congress l find
nothing on the uhieet.l II dare not open
the authors on the local code, it has ceas-
~ And M you tell me that in|this perplexing
condition am to furnish, by dint of my
own hasty and crude Judgment, the legis-
lation demanded by the vast and manifold
interests of the people! I repeat, sir that
you; and net Congress, are responsible for
the monstrous suggestion that there are
no local laws or institutions here to be res
pected by me, outside the acts of Congress
say unhesitatingly if it were possible
that Congress should pass an act abolish.
ing the local codes for Louisiana and
| 'rexas--which / do not belieye7-and it
should fall to my lot to- supply their places 'es
with something Of my own, l do not see
how I could do better than follow the law
in force here prior to the rebel On, except.
ing whatever therein shall relate to slavery.
Power may destroy the forms but not the
principles of justice; these will live in spite
even Of the sword. History tells us that
the Roman pandects were lost for a long
time among the rubbish that war and revI
olution had heaped upon them, but at
length were dug out of the ruins-again to
be regarded as . priceless treasure
You will permit me to say that deem
it impossible the first Of these statements
can be true, and that I do very greatly
doubt the correctness of the second.---
General Orders No. 40 was issued at New
Orleans November 20, 1861, and your let
ter was dated January II, 1868. Allow
ing time for order No. 40 to reach Texas,
and become generally known, some addi-
tional time must have elapsed before its
effect would be manifested and yet fur
ther time must transpire before you would
be able to collect the evidence of what
you term "the condition Of the country
and yet after all this you would have to
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