The weekly clarion., 1880-07-07
VOLUME XLIII.

b civil tribunals and order q military commits
: sion there = no place IA the United States
where Ia mi ght not be done vi b equal prgprl-
ETY. There j. not a rate in the L dom Grt l.
or soufh-Vhere the Ike facfs are not coutin-
ualIy happening. Perfection e nos 20 be pred
lca ri 'o- zau or MS works No man cAu r-A-
sJuaJ. expect certain and absolute justice in
human trausactlJu- ana II military power o.
tJ D. ia TnotI lr. the UrIucI piles Of which y0u
would seem 70 contend, fear that civil gov
ernment, regulated by laws, could have no
abiding ? ace beneath the cIrcU Of the sun.
j. is rather more than limited - your letter.
tnut there j. no local State government in
Texas aud no law outside Of the acts Il Con-
gTe--. which / ought 20 respect nj that /
-lJalI undertake 70 protect the rights Of ger
sons and property in ing osCH seay and in aa
f 4T5ttr1Ty HsGHHsr- J. such De- your meaning,
. ana compelled to differ wi.A You. After the
abolition Of slavery. an event which hope mo-
+ one now regrets tie laws of Louisiana aud
Texas existing PRIOR 10 the rebellion and not
mo conflict with the acts OF Con gress- comprised
vast system OF Jurisprudence, both civil
and criminal. J. required not volum.- only
J but libraries 10 contain them. They laiddown
. principles and precedeujs for ascer.aining
/ the rights and adjusting the controversies OF
I men, iu every conceivable case. They were
/ the creations of great aud good and learned
I mem who had laborej, in their day, for their
+ kind and gone down to the grave long before
. aur recent troubles, leaving their works an
e-tIm.tblc legacy 10 the human race. These
laws. rs am Informed, connected the clvllIz-
alton Of past and present ages and te-Iihe1 OF
F the Justice. wislou. humanity and patriotism
Of more than one nation, through whose records
they descended 10 the present people Of these
states + am satisfied, from represeu tations
of persons com Deteut 10 judge. they are per-
feet system OF laws us may be found else .
where and better suited than any other TO the /.
condition gt tins people tor by them they nave /
long been governed. " hT should il be sup /
posed Con gress has abolished these laws
Why should any one wish to abolish them 4
They have committed no treason. nor are hos
tile u tie United states, nor couutehauct /
crime nor favor injustice. On them, as on ,
foundation Of rock, reposes almost the entire /
suUers tructure Of social order IN these TWO /
States. Auuul this code Of local laws, and /
there would be no longer any rights, either OF
person or property, here. Abolish the Iocal
civil trl buuaIs made to execute them ana you
would virtually auuuI the laws, exc Tt In ref
ereuce to the verv few cases cOuuiZ4bie in the
federal courts Let us for moment suppose
the whole local civil code anuuled, and that J
1m left as commander of the FltJh Military
District the sole fouutaia of law and Justice
This is the position IN which You would place
me.
am now TO protect all rights aud redress
all wrongs. How is it possible for me t0 do
irf Innumerable questions aIise Of which
ann not only iguoraut, but to the solution OF
which military court Il entirely UNITED
one would establish viii. another a deed
or the question is one OF the succession. ol
pa rtuersnip. or desc ut, or trust, a suit OF
ejectueur OF claim 70 chattles; or the applIca-
ZION may relate TO robbery thelL arson pr
murder. How am / 20 take the first step IN
any such matter If ii turn to the acts OF
Congress I find nothing on the subject. dare
not open the authors on the local code, for it
has ceased 20 exist.
And YOU tell me that in this preplexjng con
ditiou am TO furnish by dIut Of my nasty
and crude Judgment, the legislation demanded
bv the vast and manifold interests Of the peo-
pie ! repeat. sir, that you and not Congress,
are cspousible for the monstrous suggestion
hat there are no local laws or Institutions
here TO be respected by me- outside the acts OF
Congress. / say uuhesitatingly, If IT were
possible that Congress should pass au act
ahoiisblug the local codes for Louisiana and
fexas-which do not heleve-and il should
fall tony lot to supply their places with some
thjng of my own, 10 not see how could do
better than follow the laws in force here prior
10 the rebellion, excepting whatever therein
shall relate 10 slavery. Power may destroy ,
thcse Will live in spite even of the sword.
History tells us that the Roman pantects were ,
lost for long period among the rubbish that
war and revolution had leaped upon them. Z
but AT length were dug out Of the ruius-aguin /
ru be regarded as "a precious treasure.
You are pleased To state that since the (
of lmy} general orders NO 40, ,
there has been "a Perceptible increase of crime ,
and manifestations Of hostile feeling toward
rhe Government aud its supporters. and aid
that it Is AN unpleasant duty to give sucu I
recital Of the condition Of the country. :
Ton viii permit rae 70 say that deem 1t not /
'%sloIe the hisl OF the9S tethti''7 can 'e :
rue, anu tu4' / uo ~ to1'.S 80, ~ I
so'".ss "a 'ne w -, Nt % 4
I0p', "aI your ItL'ei N's 'a'Gi '1I"'Iy T.
iS"9- Nho"'hE 'ine i9t 9IueI 40 - ~ l'''sh {
eNNS 2nu ptcoWe SgueIialg 64oW u' GoLn' = a
tl lOAai 'IIt III i'9' g F7ou 10 t- I
would he ntnliesLed, ana YET a I4riher inc t
au7t tIaIsPlIt pgl",' oI Nou,u -, - III h. {
''Igel 'He Ii''u~' oi 90 ~, w. o' -. aiI :
80, ,,,Ij y, l.a to nas he ae,as.rg
ms you WouIi nave 10 Hahe lle rg1esI'll
AFSs lgauon 10 ascertain II oIde' ~ ~ VI
'ohe' h1Hg eise W'S '"s (ausS- JiS- -
4tfeIofr' remaining 10 eh''lT you, 3t 80 'S
".
conclusion on so deicaig anu NJ i question:
must nave been very snort, am ho' IN
ormed how you proceeded' Whtiher yo" y
nNeSlga 90 }ouIstH or through 'n'H IL! q
IONS, and, II so, VINO they "eFe' "hal Ihe!' n
competency ana harness. on WhaL eNl- q
lence you ed your conciuslon' OF Nhelh- f
n You dlscretty omit all mention so that +
may Wen be excused toE hot re- 10 lll a
J upon M nor IS my ulihculty dliut IeI pS G
ne iact 'nat IN 0u0'utr P9It Par 81 ~ 49, 49, q
ef you stare '"at ever slAcc Ilt ClosI % lLl G
var very large portion oil the Pe"Ple hIne Il
'ad no affection Tor the government bUt olt- G
erness OF Ieei!hg 9hLF. Iau tle u't! o. IuD ?
lshln ISM ,.ld 4 statanenI rba
oo- "5loIe i' t''S ~" nv : " = - ~ - T. u
ne "ctioH @. tue u,Sti ~. - ~ -; ~ ,
tesslnS CRIME ana hoS'lle ies1hS "stlHsy "a: d
toVerhheht' Peeh 80 p"lllui ~ yI ~ . oe9 e
is'y' ll'En' P2s@IoLS h',e 80, - - ~ l3;;
iufhlsh soue'h : On the suuaSA' III "'4l''' {!
D your bare assertion e.
But what was Order No. 40 and how could o.
have had the effect you attribute to ir2 Il tl
cts forth that "the great principles of Amer e
AN liberty are still the Inheritance of this ta
eople and ever should be, that the trial by -
irv the he heas corpus, the liberty of the ~
ress jhs freedom of speech and the natural
ghts of persons and property must be pre-
arved.' VIII you question the truth of these
eclarations Which one of these great pr n
pies eff liberty are you ready to deny and
apuiiater Whoever does 50 avows himself
ne enemy OF human liberty and the advocate Dc
l,s,,.,-3sr, W. tbara qpv- intim9ri1n in | 10
aueral orders No 40 that any crimes or IL
rea ches of law would be countenanced2 You RI
now that there was not On the contrary, / pl
IN Ena,y nerfectlv weIl that while "the CON ii
Iteration Of crime and offences committed in h'
le Fifth Military District was referred TO the CO
ldgment OF the regular civil tribunals, . ~
.eire was given in Order No 40 which all tn