Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1868-04-01
IS TENNESSEE WEDNESDAY, EVENING. APRIL l. 1865

that error is harmless when reason Is LETT
free TO combat il, are not only sound, but
salutary. 1t is poor compliment to the
merits OF such cause, that its advocates
would silence opposition by force; and
generally those only who are in the
wrong will resort to this ungenerous
means. Il am confident you will not
commit your serious judgment to the
proposition that any amount Of discus
sion, or any sort Of opinions, however
unwise in your judgment; or any asser-
ton or feeling, however resentful or bit
ter, not resulting in breach Of law, can
furnish justification for your denial that
profound peace exists in Texas. You
might as we'll deny that profound peace
exists in New York, Pennsylvania, Mary
land, California, Ohio and Kentucky,
where majority of the people differ
with 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 re-
peatedly discussed, aRd parties respect
fully and patiently heard. You next COM
plain that in parts of the State it is difficult
to enforce the criminal laws; that sheriffs
fail to arrest; that grand jurors will not
always indict; that in some cases the
military acting in aid Of the civil author.
tiles have not been able to execute the
process Of the courts; that petit jurors
have acquitted persons adjudged guilty
by you; and that other persons charged
with offenses have broke Jail and fled
from prosecution. / know not how these
things are; but admitting your repre-
literally true, if for such rea-
sons | should set aside the local civil tri-
bunals and order military commission,
there is no place in the United States
where it might not be done with equal
propriety. There is 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 hu.
man transactions, and if military power
is to be set in motion, on the principles
for which you would seem to contend, |
fear that civil government, regulated
by laws, could have no abiding place be-
meath the circuit of the sun. 1t is rather
more than limited in your letter that there
is no local State Government in Texas,
and no local laws outside of the acts of
Congress, which / ought to respect; and
that | should undertake to protect the
rights of persons and property in my o,on
aody and in an arbitrary manner. If
such be your meaning, | am compelled
to differ with you. After the abolition
of slavery IAN event which l hope no one
now regrets), the laws of Louisiana and
Texas existing prior to the rebellion, and
not in conflict with the acts of Congress,
comprised vast system Jurisprudence,
both civil and criminal. 1t required not
volumes only, but libraries to contain
them. They laid down principles and
precedents for ascertaining the rights
and adjusting the controversies of men
in every conceivable case. They we're
the creations of great and good and
learned men, who had labored, in their
day, for their kind, and gone down
to the grave long before our re-
cent troubles, leaving their works an
il inestimable legacy to the human race.
These laws, as / am informed, connected
the civilization of past and present ages,
and testified of the justice, wisdom, hu-
manity and patriotism of more than one
nation, through whose records they de-
scended to the present people OF these
States. / am satisfied, from representa-
tions 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 laws2
Why should any one wish to abolish
them? They have committed no trea-
son, nor are hostile to the United States,
nor countenance crime, nor favor iDjus-
tice. On them, as on a foundation OF
rock, reposes almost the entire super
struction 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.
Abolish the local civil tribunals made to
execute them, and you would virtually
lnnul the laws, except in reference to
he very few cases cognizable in the fed
sral courts Let US for moment suppose
he whole local civil code snnulled, and
hat / am left, as commander of the
Fifth Military District, the sole fountain
IF law and justice. This is the position
n which you would place me.
| am now to protect all rights and re-
iress all wrongs. How is it possible for
ne to do it2 Innumersble questions
rise, Of which / am not only ignorant,
)ut to the solution OF which a military
court is entirely untitled. One would
establish will, another deed or the
question is one of succession, or partner
hip, or descent or trust; suit of eject
nent or claim to chattels; or the ap-
olication may relate to robbery, theft,
lrson or murder. How am | to take the
irst step in any such matter2 If turn
% the acts of Congress / find nothing on
he subject. / dare not open the authors
IN the local code, for it has ceased to
.xist.
And you tell me that in this perplex-
ng condition | am to furnish, by dint OF
ny own hasty and crude Judgment, the
egislation demanded by the vast and
Interests of the people ire
peat, sir, that you, and not Congress, are
for the monstrous suggestion
hat there are no local laws or institu.
ions here to be respected by me, outside
If the acts of Congress. / say, un-
if it were possible that Con-
,ress should pass an act abolishing the
ocal codes for Louisiana and Texas
which do not believe-aud it should
all to my lot to supply their places with
Iomething of my own, do not see how |
,ould do better than follow the laws in
orce here prior to the rebellion, except
ng whatever therein shall relate to
lavery. Power may destroy the forms
,ut not the principles Of justice; these
will live in spite even Of the sword. His
orv tells us that the Roman pandects