Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1880-08-05
HANCOCK'S RECORD.


Whole Radical Theory Disposed OLA
Leaf From the Page OF History.
The following letter was written to
Governor Pease, of Texas, in reply to
one received by General Hancock in
1868, soon after the latter assumed COM
mand OF the Fifth Military District:
HEADQUARTERS FIFTH MILITARY DISTRICT,
NEW ORLEANS, La, March 9, 1868. I
To His Excellency E. NJ. Pease Governor Of
Texas:
uary last was received in due course of mail
Uhe 27th january, but not until il had been
widely circulated by the newspaper press. To
such letter-wrtten and published for mani
fest purposeS-it has been my intention to
ply 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 Military
District and suDjectuo military power, that the
President should appoint an officer to COM
mand in said district and detail force to pro-
tcct the rights of person and property, sup
press instruction and violence, and punish
offenders, either by military commission or
through the action of local civil tribunals, as
in his Judgment might seem best, will not be
disputed. One need only read the act to per-
ceive it contains such provisions. But how
all this is supposed to have made it my duty
to order the military commission you re-
oucsted, you have entirely failed to show.
The power to do a thing, if shown, and the
propriety Of doing it, are often very different
matters. You observe you are at q loss to I'M
dcrstand how a Government, without repre-
sentatiOn in Congress, or a militia force, and
subject to military power, can be said to be
in the full exercise of all it's proper powers.
You do not reflect that this Government, Gre
ated or permitted by Congress-, has all the
powers which the act intends, and may fully
exercise them accordingly. If you think it
ought to have more powers, should be allowed
to send members to Congress, WELD militia
plant is not to be preferred against me, but
against Congress, who made it what it is.
AS respects the issue between us, any ques-
has no pertinence. You admit the act of Con-
greSS authorizes me to try an offender by mill
itary commission, or allow the local civil tri-
bunas to try, as shall deem best, and you
cannot deny the act expressly recognizes such
local civil tribunals as legal authorities for
there are no legal local tribunals for any pur-
pose in Texas, you must either deny the plain
reading of the act of Congress or the power Of
Gong resS to pass the act.
You next remark that you dissent from my
declaration "that the country Uexas) is in a
state of profound peace" and proceed to state
me not Il little extraordinary. l quote your
words: ut is true there no longer exists here
6TeXa5) any organized resistance to the au-
.fhority of the United States ''But large
majority of the white population who partici-
patcd in the late rebellion are embittered
un willing obedience Nevertheless, you
cOncede they do yield it obedience. You pro-
coed:
None of this class has any affection 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 their interests, and consider the
Government now existing here under author
their rights. They iook upon the emancpa-
ton of their late slaves and the disfranchise-
ment of a portion of their own class as an act
of insult and oppression"
And this is all you have to present for proof
that war and not peace prevails in Texas and
hence it becomes my duty-so you suppose
force the penal code against citizens by means
of military commissions.
My dear sir, am not lawyer, nor has it
been my business, as it may have been yours,
to study the philosophy of statecraft and pol
ttics. But may lay claim, after an expert
ence of more than half lifetime, to some.
poor knowledge of men, and some apDrecia-
ton of what is necessary to social order and
happiness. And for the future of our COM
mon country, could devoutly wish that no
great number of our people have yet fallen in
with the views you appear to entertain. Woe
be to us whenever 1t shall come to pass that
is permitted to deal with the mere opinions
or feelings of the people.
i have been accustomed to believe that SEN
timents Of respect or disrespect and feelings
of affection, love or hatred, so long as not de-
velOped into acts in violation OF law, were mat
tiers wholly beyond the punitOry power OF hui
man tribunals
will maintain that the entire freedom of
induiged, is consistent with the nobest aspf-
rations of man, and the happiest condition OF
his race.
When a boy, L remember to have read a
speech of Lord Chatham, delivered in Parlia-
ment. 1t was during our Revolutionary War,
snd related to The POLICY Of the
more familiar with the speech than 1 am. If
am not greatly mistaken, his Lordship de-
ment-in terms of unmeasured bitterness. He
characterized its policy as revolving 10 every
sentiment of humanity and religiOn-pro-
claimed it covered with disgrace, and vented
his eternal adherence of it and its measures
1t may, think, be safely asserted that u ma
jority of the British Nation concurred in the
views of Lord Chatham. But whoever sup
posed that profound peace was not existing in
that Kingdom, or that Government had any
sSe oppcsition to express their to
the pTopriety o 1.-THE Kings measures in any
words, or to any extent they pleased? It
would be difficult to show that the opponents
of the Government in the days of the elder
Adams. or Jefe son, or Jackson exhibited for
oo ne With the history Of our ~ past
parties and political struggles touching
legislation on alienage, sedition, the en-
gland and Mexico, and cannot be ignorant of
the fact that for one party to assert that law
or system of egis.ation is unconstitutional,
oppressive and usurpative, is not a new thing
in the United States. That the people of
Texas consider acts of Congress unconsritu-
tional, oppressive or insulting to them, is of
no consequence to the matter in hand. The
President of the United States has announced
his opinion that these acts of Congress are
unconstitutional. The Supreme Court, as
you are aware, not long ago decided unani-
mously that certain military commission
where, in every State, without reference to
the side they took during the rebellion, differ
as to the cOnstitutionality Of these acts of
Congress. How the matter really is, neither
you nor may dogmatically affirm.
If you deem them constitutional laws, and
beneficial to the country, you not only have
the right to publish your opinions, but it
might be your bounden duty citizen to
do so. Not less is it the privilege and duty of
any and every citizen. wherever residing, to
publish his opinion freely and fearleSsly on
This and every question which he thinks con-
Germs his interest. This is merely in accord
ance with the principles of our free Gov
ernment, and neither You nor would wish to
live under any other. 1t is time now, at the
end of almost two years from the close Of the
war, we should begin to recOllect what man
ner of people are-tO tolerate agi 1n free,
popular discussion, and extend some forbear-
ance and consideration to opposing views.
The maxims that in all intellectual contests
truth is mighty, and must prevail ana that
error is harmless when reason is left free to
combat il, are not only sound, but salutary.
1t is poor compliment to the merits of SUCH
a cause, that it's advocates would silence OPP
position by force, and generally those only
who are in the wrong will resort TO this I'M
generous means | am conffd INT you viii not
Cn-a init vo,rr sariOrs INDIGNANT the nrODO-