, 1880-07-05

OF more than one nation, through whose
records they descended to the present
people of these States. I am satisfied.
from representations oi persons compe-
tent to judge, they are as perfect system
Of laws as may be found elsewhere, and
better suited than any other to the con-
ditiOH OF this people, tor by them they
have long been governed. Why should
it be supposed that Congress las abol>
ished these laws. They have committed
no treason, nor are hostile to the United
States, nor countenance crime. nor favor
injustice. On them, as on foundation
OF rock, reposes almost the entire super>
structure Of social order in these two
States. Annul this code of local laws,
and there would be ne longer any rights,
either of person or property. here. Abol
ish the local civil tribunals made to exc
cute them, and YOU would virtually annul
the laws, except in the very few cases
cognizable IN the federal courts. Let us
for moment suppose the whole local
civil code annulled, and that am left,
as commanl der of the Fifth Military Dis
trict, the sole fountain of law and justice.
This is the position in which you would
place me.
am now to protect all rights and re-
dress all wrongs. How is it possible for
me to do it? Innumerable questions
arise, OF which am not only ignorant,
but to the solution Of which military
court is entirely untitled. One would
establish will, another deed; or the
question is one of succession, or part
nership, or descent, or trust; suit of
ejectment, or claims to chattles; or the
application may relate TO robbery, theft,
arson, or murder. How am to take the
first step in aay such matter If l turn
to the acts of Congress find nothing on
the subject. dare not open the authors
on the local code, for it has ceased to exist.
And you tell me that in this psrplex-
ing condition I am to furnish by dint Of
my own hssty and crude judgment, the
legislation demanded 10y the vast and
manifold interests of the people! re-
peat, sir, that you, and not Congress. are
responsible for the monstrous suggestions
that there are no local laws or institu
items here to be respected by me, ontside
the acts Of Congress-. I say, unhesitat-
ingly. if it were possible that Congress
should pass sn act abolishing the codes
for Louisiana and Texas-which do not
believe-and it should fall to my let to
supply their places with something of my
own, 90 not see how | could do better
than follow the laws in farce here prior
to the rebellion, excepting whatever
therein shall relate to slavery. Power
may destroy the forms, but not the prln-
ciples of Justice; these will live in spite
of the sword.
History tells us that the Roman pandects
were lost for lorg period among the rubbish
that war end revolution had heaped upon them,
but at length were dug out of the ruins-again
to he regarded as precious treasure
You are pleased to state that since the
publication of (my) general orders No. 40,
there has been perceptable increase Of crime
and manifestation OF hostile feeling toward
the Government and its supporters" and add
that 1t is ian unpleasant duty to give such
recital 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 General orders No.
40 was issued at New Orleans, November 90,
1867, and your letter was dated January II,
1865. Allowing time for order No, 40 to reach
Texas and become generally known. some ad-
ditional time must have elapsed before its ef
feet would be manifested. and yet "A further
time must transpire before you would be able
to collect the evidence of what you term ''the
condition of the country" " and vel, after all
this, you would have to make the necessary
Investigations to ascertain if order No. 40 or
something else was the cause The time,
therefore, remaining to enable you, before the
18th Of Janu ry, 1868, to reach satisfactory
conclusion on SO delicate and nice question
must have been very short. How you pro-
aJal vvh of vpu inn cd n
through third persons, and if so, who they
were what their competency and fairness on
what evidence you reached your conclu ions, or
whether you ascertained any facts at all, are
points upon which your letter so discrectly
omits all mention, that I may well he excused
for not relying implicitly upon it, nor is my
difficulty diminished 10y the fact that in an
other part of your letter you state that ever
since the close of the war "a very large portion
of the people have had no affection for the
Government, but bitterness of feeling only.
Had the duty of publishing and circulating
through the country long before it reached
me. your statement that the action of the
District Conmanderwa increasing crime and
hostile feeling against the Government. been
less painful to your sensiblities, it might pos
sibly have occurred to you to furnish some
thing ON the subject in addition to your bare
assertion.
But what was order No. 40, and how could
it have the effect you attribute to it IL sets
forth that 1.-THE great principles of American
Liberty are still the inheritance of this people
and ever should be, that the right of trial by
jury, the habeas corpus, the liberty Of the
press, the freedom of speech, and the natural
rights OF persons and property must be pre-
served" Will you question the truth of these
declarations? Which one Of these great prin-
ciplcs of Liberty are YOU ready to deny and
repudiates Whoever does so. avows himself
the enemy of human Liberty and the advocate
of despotsm. Was there any intimation in
general orders No 40 that any crimes or
breaches of law would be countenanced =
You know that there was not. On the con-
trary, you knew perfectly well that while
''the consideration of crime and otfenses com
mitted in the Fifth Military District was refer
red to the Judgment of the regular civil tribu-
no,s a nied1e was giyen i'm order No. 40,