Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1868-04-02
LETTER OF GENERAL HANCOCK.
RECONSTRUCTION IN TEXAS.
HrADa'Hs FuTH MILITARY DISTRICT,

To His EKcenency f. NJ Pease, Governor O
Texas;
Sir: Your communication Of ths 18th
January last was received in due course
OF mail tthe 9th Janusry,) but not IN
til It had been widely circulated by the
newspaper press. To such a letter
written and published for manifest pur-
D. p0ses-it has been my Intention TO reply
as soon as leisure from more important
business would permit.
Your statement that the act of Con-
gTess " to provide for the more efficient
government Of the Tebsl States,n de-
clsres thst Whatever government existed
ia Texas was provisional; that peace
and order should be enforced; that Texas
should be part OF the Fifth Military
District, and subject 20 military power
that the President should appoint an otfi-
Ger 10 command in said district, aud de-
tail force to protect the rights OF person
and property, suppress insurrection and
violeDce, and punish offenders, either by
D military commission or through the ae-
ton OF local civil tribunals, as in his own
Judgment might seem best, will not be
: disputed. One need only road the act to
perceive it contains such provisions.
But bow all this Is supposed 70 have
made 1t my duty 10 order the military
I commission requested, you have entirely
: failed to show. The power to do thing
if shown, and the propriety Of doing II,
are often very different mstters. You
observe you are at loss TO understand
how 3 government without representa-
tion in Congress, or a military force, and
subject 10 military power, can be said 70
be in the full exercise OF all its proper
powers. You do not reflect that this gov
eminent, created or permitted by Con-
gress, has al the powers which the act
Intends and may fully exercise them ac-
cordipgly. If you think it oUghtto nave
more powers, should be allowed TO send
members to Congress, WELD militia
Z force, and possess yet other powers, your
COMPLAINT IL not TO be preferred agsipst
me, but against Congress, Who made 1t
what it is.
As respects the issue between US, any
question as to what Congress ought to
have done has no pertinence. You sd-
nit the act of Congress authorizes me to
try sn offender by military commission
or allow the local civil tribunals to try,
IS I shall deem best and you cannot de-
ny tie act expressly recognizes such lo-
cal 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 Congress
or the power of Congress TO pass the act.
You next remark that you dissent from
my declaration "Lhst the country iIexasl
is in a state Of profound peace" and pro-
icesd to state the grounds OF your dissent.
/ Tney appear to me not little extrsordi-
! nary. l quote your words: 1t IS true
! there no longer exists here (Texas) any
orgeuizsd resistauce to the authority OF
/ the United States. But large mRjori-
I tv Of the white population, who psrtici-
uated N the late rebellion, are embittered
against the Government, and yield to il
al unwilling obeGienCan Nevertheless,
YOU coEcede they do yield It Obsdisnce. |
/ You proceed: "NOne Of bis class have |
any affection for the Government, and |
very few any respect for 1t. They regard |
I the legislation of Congress Or the subject |
/ Ufr5coustTuCtiOna as unconstitutional and |
hostile 10 their interests, and consider the /
| government now existing here under the |
authority of the United States as usur- |
patton on their rights. They look on |
the emancipation Of their late slaves and |
the Acknowledgement of g portion of their
own class as sn act Of insult and E2pres-
sion"
And this is all you have 10 present for
proof that war and not peace prevails in
Texas, and hence it becomes my duty
$50 yoU supposed 10 SCI aside the local
civil tribunals, and enforce the penal code
against citizens, by meaus of military
commissions.
My desr sir, I am not q lawyer, nor
has II been uoy business, as il may have
been yours, to study the philosophy OF
statecrEit and politics. But may claim,
after al experience Of more than half
lifetime, 10 some poor knowledge Of men,
and some appreciation OF what is neess-
l. A.
for the future Of our common country, l
could dsvoutly wish that 10 great num-
Der Of our people have yet fallen in with
the views you appear 10 entertain. Woe
be to US whenever Il shall coras 90 pass
that tbs power Of the magistrate, civil or
military, is permitted tO deal with the
mere opinions or feelings Of the people.
have been accustomed TO believe that
sentiments OF respect or disrespect, and
feelings Of affection, love, or hatred, so
long as not developed into acts in viola
ton of law, we're matters wholly beyond
the puuitory power Of human tribunals.
] viii maintain that the entire freedom
Of thought and speech, however acrino-
nlously INDUCED, is consistent With the
modest aspirations Of man, and the hap
piest condition Of bis race.
When q boy, I remember to have read
& suesch Of Lord Chatham, delivered 10
Pail.slneut. II was during cur reYoiu-
uouary war, and related to the
policy Of employing the saysgss on
,he side OF Britain, You may be
more familiar with the speech than
I am. If / am not greatly mists-
ken. bis L1Tdahip denounced the British
Government his GOvernment-in terms
Of uunleasuTsd bitterness. He character
lied its policy GS TeYOting to every sen
umeBt OF humanity and religion pro |
claimed it covered with disgrace, and |
vented his eternal adherence Of it and {
its measures. 1t may, think, he safely
asserted that q majority Of the British
nation c0usGgrRd ia the views of Lord
Chatham. But ghos0aver supposed that
profound peace was not eXieting ip that
Kingdom, or that Government had any |
authority to question the absolute right
OF tie opposition to express their o6Jec-
lions TO the pTOpriety OF the Kings
measures ia auy words, or to any extent I
they pleased Ii would be difficult TO
show tnSt the opponents OF Govern {
meut in the days or the elder Adams, or | I
Jefferson, or Jackson, exhibited for IL 5
either " "ahectiUn or respect" Hsul
are converssnt with the history of our 6
past parties and political struggles
touching Legislation on sllensgei sedI- {
liOn, the embargo, nstionaI banks, our
wsTs with England and Mexico, and
cannot be ignorant Of the fact, that for |
one party TO assert the law OF system of |
legislation is unconstitutional, oppressive {
and usurpative, is not 8 new thing in Z
the United States. That the people Of q
Texas consider the acts OF Congress IN 0
oppressive or insulting to
them, is of no consequence TO the matter | o
in hand. The PresIdeHt OF the United a
States mas announced his opinion, '
that these acts OF Congress are un- e
The Supreme Court, c
ss you are aware, not long ago 4
decided unanimously that certain mill c
tsry commission was unconstitutional, &
Our people everywhere, il every State, .
without reference to the side they took Il
during the rebellion, differ as TO the con- &
Of these acts OF Congress. {
How the matter really is, neither you .
nor / may dogmstioaliy affirm. :
If you deem them constitutional laws,
and beneficial 10 the country, you not :
only have the right 70 publish your Opin- J
ions, but it must be your bounden DUTY '
as a citizen to do so. Not less is it the
privilege and duty Of any and every cin- /
zen, wherever residing, 10 publish his
opinion freely and ie2rIessly on this aEd
every question which be thinks concerns !
his interest This is merely in accord. I
ance with the principles of our free Gov
eminent; and neither you nor / would /.
wish 10 live under any other. 1t is time
now, at the end OF almost two years from
the close Of the war, " c should begin to
recollect what manner Of people we are /
to tolerate again free, popular discussion, {
and extend some fOTbearance and con- s
sideration TO opposing views. The
maxiuas that in ali intellectual contests, [
truth is mighty, snd must prevail and |
that error is harmless when reason is left i
free to com bat il, are not only sound, bat a
salutsry. 1t is q poor compliment TO the ]
merits of such a cause, that its advocates +
would silence opposition by force; and {
generally those only who arein the wrong '
will resort to this ungenerous means. i {
aua confident you viii not commit your {
serious Judgment 10 the proposition that g
anv amount OF discussion, or any sort Of !
ions. however unWise in your judg- Z
ment: or any assertion or feeling, how c
ever resentful or bitter, not resulting in 5
- breach of law, can furnish justifica- |