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

authors on the local code, for it has ceas-
ed to exist. ls. .a-Ig rt.-
And you tell me that in this perplex.
ing condition 1 am to furnish, by dint of
my own hasty and crude Judgment, the
legislation demanded by the vast and
manifold interests of the people,! I re-
peat, sir. that you and not Congress, are
responsible for the monstrous suggestion
that there are no local laws or institu-
tions here to be respected by me, out
side the acts of Congress. 1 say un-
hesitatingly, if it were possible that
Congress should pass an act abolishing
the local codes for Louisiana and Texas
which I do not believe-and it should
fall to my lot to supply their places with
something of my own, l do not see
how l could do better than follow the
laws in force here prior to the rebellion,
excepting 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 pam
dects were lost for long period among
the rubbish that war and revolution had
heaped upon them, but at length were
dug out of the ruins, again to be regard
ed as priceless treasure.
You arszpleased to state that "since
the publication of (my) General Orders
No. 40, there has been a perceptible in
crease of crime, and manifestation of
hostile feeling towards the Government
and its supporters and add that it is
'an unpleasant duty to give such a re-
cital of the condition of the country"
You will permit me to say that deem
it impossible the first of these statements
can be true, and that do very greatly
doubt the correctness of the second.
Generl Orders No. 40 was issued at New
Orleans, November 20, 1867, and your
letter was dated January II, 1868. AL
lowing time for Order No. 40 to reach
Texas and become geneally known,
some additional time must have elapsed
before its effect would be manifested,
and yet further time must transpire
before you would be able to collect the
evidence of what you term "the condi-
tion of the country and yet, after all
this, you would have to make the neces-
sary investigations to ascertain if Order
No. 40, or something else was the cause.
The time, therefore, remaining to enable
you, before the 18th of January,
, 1868, to reach satisfactory con-
clusion on so delicate and nice a
question, must have been very short.
How you proceeded-whether you in
| vestigated yourself or through third per-
sons,. and, if so, who they were, what
their competency and fairness, on what
, evidence you rested your conclusion-or
whether you ascertained any facts at all,
| are points upon which your letter so dis
creetly omits all mention that 1 may
3 well be excused for not relying implicit
g ly upon it; nor is my difficulty diminish
: ed by the fact that in another part Of
S your letter you state that ever since the
+, close of the war very large norton OF
!, the people have had no affection for the
= Government, but bitterness of feeling
e only. Had the duty of publishing and
= circulating through the country, long be-
i fore it reached me, your statement that
4 the action of the district commander was
e increasing crime and hostile feeling
: against the Government been less pain
I fut To your sensibilities, it might possi
$ bly, have occurred to you tofurnish some
S thing on the subject in addition to your
t bare assertion.
:. But what was Order No. 40, and how
h could it have the effect you attribute tc
t it 1t sets forth that "the great prin
S ciples of American liberty are still the
). Inheritance of this people, and evel
n should be-" "That the right of trial by
: jury, theAa6eas corpus, the liberty of the
It press, the freedom Of speech and the nat
r ural rights of person and property must
r be preserved" Will you question the
y truth of these declarations +? Which
: one of these great principles of liberty
r are you ready to deny and repudiate
t Whoever does so avows himself tn,
n enemy of human liberty and the advo
e cate of despotism. Was there any in
J. timation in General Orders No. 40 tina
o any crimes or breaches of law would b.
J. countenanced You know that ther
Y was not. On the contrary, you know
/ perfectly we'll that, while "the consid
II Grafton of crime and offenses COMMITTEES
h in the Fifth Military District was refer
If red to the Judgment of the regular civi
o tribunals" a pledge was given in Orde
e No. 40, which all understood, that tri
5, bunals would be supported in their law
d full jurisdiction, and that =" forcible re
,, sistance to law would be instantly sup
v pressed by arms" You will not affirm tina
,r this pledge has ever been forfeited
le There has not been a moment since
? have been in command of the Fifth Dis
IS trict when the whole military force in m
d hands has not been ready to support tn
ir civil authorities of Texas in the execu
n ton of the laws. And 1 am unwilling t
b. believe that they would refuse to call fo
lie aid if they needed it.
s, There are some considerations which
a. it seems to me, should cause you to hes
ID tate before indulging in wholesale cer
~ sures against the civil authorities
,e Texas. You are yourself the chief {
e. those authorities; not elected by, til
Sc people; but created by the military. NJ
a. long after you had thus come into offic
~ all the Judges of the Supreme Court
Nv Texas-hve in number-were remove
ed from Office and new appointments mad
lis twelve of the seventeen district Judge
en- were removed, and others appointe
ed County officers, more or less, in sevent,
) F.? five out of one hundred and twent,
sh eight counties, were removed and othe
"a appointed in their places. 1t is fair
IS, conclude that the executive and judici
is civil functionaries in Texas al
of the persons whom you desire to fill IL
ar offices. 1t is proper to mention, ais
vo that none but registered citizens, al
vs., only those who could take the test oat
ITS have been allowed to serve as jurors du