Daily Los Angeles herald., 1880-07-10
The SoIdier-Statesman.

luminous, statesmanlike ana patrl-
otto letter in reply to Gov. Pease,
of Texas, that letter which, taken
in connection with Order No. 40,'
shows Hancock to be the man the
American people need for Presi-
dent. We make no apology for it's
length. 1t ought to he printed in
letters of gold and treasured by
every lover of American institu-
tions.-[ EDITOR HERALD
HEADQUARTERS FIFTH MILF
TARY DISTRICT,
NEW ORLEANS, La. March 8, '6S.
To His Ercellency, e. N. Peose,
Governor Of TeTas:
SIR: Your communication of the
18th January last, was received in
due course of mail (the 9th jan
uary), but not until 1t had been
widely circulated by the newspa-
per press. To such letter-writ.
ten and published for manifest pur-
poses-it has been my intention to
reply as soon as leisure from more
important business would permit.
Your statement that the Act of
Congress "to provide for the more
| efficient government of the Rebel
| States" declares that whatever
government existed in Texas was
provisional; that peace and order
should be enforced; that Texas
should be part of the Fifth Militia
nv District, and subject to military
power; that the President should
appoint an officer to command in
said District, and detail force to
protect the rights Of person and
property, suppress insurrection anu
violence, aud punish offenders,
either by Military Commission, or
Through the action of local civil
tribunals, as in his judgment
might seem best, will not be dis
puted. One need only read the
| Act to perceive it contains such
provisions. But how all this is
supposed TO have made it my duty
to order the Military Commission
| requested, you have entirely failed
to show. The power to do a thing,
if shown, and the propriety OF do.
ing it, are often very different
matters. You observe you are at a
loss to understand how a govern.
ment, without representation in
Congress-, or militia force, and
, subject to military power, can be
said to be in the full exercise of all
its powers. You do not reflect that
this government, created or per-
mitted by Congress, has all the
powers which the Act intends, and
may fully exercise them accord
ingly. IT you think it ought to
have more powers, should be al.
lowed to send members to Con.
gress, WELD q militia force, and
, possess yet other powers, your
complaint is not to be preferred
against me, but against Congress,
who made it what it is.
AS respects the issue between us.
any question as to what Congress
ought to have done has no peril
hence. You admit the Act of Con.
gress authorizes me to try an of.
fender by Military Commission, OF
allow the local civil tribunals tC
try, as L shall deem best, aud can
not deny the Act expressly recog.
nizes such local civil tribunals as
legal authorities for the purposes
specified. When you contend ther
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 Con-
gress to pass the Act.
You next remark that you dis.
sent from my declaration, "thal
the country (Texas) is in q state
of profound peace" and proceed tC
state the grounds of your dissent
They appear to me not a little ex.
traordinary. quote your words:
ut is true there no longer exists
here (Texas) any organized resist.
ance to the authority of the United
States" "But large majority OF
the white population who partici.
pated in the Iste Rebellion, are
emblttered against the govern.
ment, and yield to IL. an unwilling
OBEDIENCE Nevertheless, you
concede they do yield it obedience
, You proceed:
"N0ne of this class have any af.
fiction for the government, and
very few any respect for it.. They
: regard the legislation of Congress
) on the subject Of reconstruction as
unconstitutional and hostile to
government now existing here un.
3 der authority of the United States
, as an usurpation of their rights.
They look on the emancipation oil
their late slaves and the disfran.
chisement of portion Of their own
class, as an act of insultan oppres.
sion."
And this is all you have to present
for proof that war and not peace
, prevails in Texas; and hence 1t be.
: comes my duty-so you suppose
to set aside the local civil tribp.
mails, and enforce the Penal Code
against citizens by means Of Mill
tary Commissions.
My dear cir, am not o lawyer,
nor has it.been my business, as IL
may have been yours, to study the
philosophy OF state-craft and poll.
tics. But / may lay claim, after
an experience of more than half q
Lifetime, to some poor knowledge
OF men, and some appreciation OF
what is necessary to social order
and happiness. And for the future
OF our common country, 1 could de.
v0utly wish that no great number
of our people have yet fallen in
!, with the views you appear to enter
tain. Woe be to us whenever ii
shall come to pass that the power
Of the magistrate-civii or mill.
tary-is permitted to deal with the
mere opinions or feelings of the
people.
i have been accustomed to be.
lieve that sentiments Of respect or
disrespect, and feelings Of affoc.
tIon. lore o. hatred, % long g not