San Marcos free press. [volume] (San Marcos, Tex.) 1877-1892, 1880-10-30

A Mn~lesIy Argument ON the
Sice Of civil Over Military A.uSv
Early in the campaign we pub
lished an extract from the following
letter, but believing that many of our
readers may never have seen it in
full, we close the campaign by put
ting it Oh record complete. ED
FREE PRESS.
HEADQUARTERS FIFTH MILITARY DISTRICT
New ORLEANS, La, MARCH ., 1868
To His Excellency, E. M. PEAsE
Governor of Texas:
S1n-Your communication of the
17th january last was received IL
due course OF mail (tne 27th Janua
ry), but not until it mad been widely
circulated by the newspaper press
10 such a letter-written and pub
lished for manifest purposes-lt has
been my intention to reply as soon
as leisure from more important bust
ness would permit
Your statement that the act oi
congress 80 provide for the more
efficient government of the rebel
states" declares that Whatever gov
ernment existed in Texas was pro
visional; that peace and order
should be enforced; that Texas
should be part of the Fifth military
district, and subject to military pow
en-; that the president should appoint
an officer to command in said district
and detail force to protect the
rights of persons and property, sup.
press insurrection and violence, and
punish offenders, either by military
commission or through the action OF
local civil tribunals as in his judg'
ment might seem best, will not be
disputed. One need only read the
act to preceive it contains such pro,
visions. But how all this is sup
posed to have made it my duty TO
order the military commission re.
quested, you have entirely failed to
snow, Inc power to do a thing II
shown, and the prop1ety OF dong
it, are often very different matters
You observe you are at loss to
understand how a government with
out representation IN congress, or a
militia torce, and subject TO mliitary
power, can be said to be LII the fuil
exercise of all its proper powers
You do not reflect that THIS govern
ment, created or permitted by con
gress, has all the powers which the
act intends, and may exercise them
Accordingly. Ii you think 1t ought
to have mUre powers, should be a..
lowed to send members to congress,
wieid mlnua force, and possess yet
other powers, your complaint is mol
to be preferred against me, but
against congress, VINO made 1t wnat
II IL
As respects the issue between us,
any question as to what congress
ouynI to have done has no Pera-
nence. You admit the act ot con-
press authorizes me to Try an offend
er by mintary COMMISSION, Or anon
the local clyu tnUunais W Try, as !
snail deem DesT; and you cannol
deny tue act expressly Recognizes
sucn local civil tIiDunaIs as ieSa
authorities iOr the purpose specilied
Wnen YOU contend Gnere are No ieea
ioc.I urlDunaas lUr any purpo se Al
Texas, you must eiGlier aely the p-AAI
reading OF the act of Congress or Ia
power Of congress to pass the act
You next remark that you dissen
from ny declaration, that the cOun
try (Iex4s) Is IN a state Of proiount
peace, and proceed to state th'
grounds Of your dissent They sP
par to me not q htiie ext1AOrdInNr!
4 quote yoJu words: @It Is uu'
t..ere no longer exists here Cie1As
Any organized RESISTANCE 10 the a.
tborsty Of the United States -Bu
a large majority Of the White PoPala
tio1 who participated n the late =