The interior journal. [volume] (Stanford, Ky.) 1872-1881, 1880-07-09

pcasc. Of Texas, the General snys
MY dear sir. am not lawyer,
nor las Il been my business, rs il may
have been yours, 10 study the philoso-
ply Of Statecmit and politics But
lay my claim, after an experience Of
more than half lifetime. to some
poor knowledge of men. and some APP
probation Of what Is necessary to 90
cial order aud happiness. And for
the future Of our common country, |
could devouily wish that no great
number Of our people have yet fallen
IN with the views you appear TO en-
terrain. Woe be to US whenever it
shall come 10 pass that the power Of
the Magistrate-ciyil or miliiary-is
permitted TO deal with the mere opin-
ions or feelings Of the people.
II have been accustomed to believe
that sentiments OF respect or disrcspeci,
aud feelings of affection. love or ha-
tired, 80 long as not developed into
acts in violation Of law, we're matters
wholly beyond The punitory power Of
human tribunals. ~
II will maintain that the entire
freedom Of thought and speech, how
ever acrimonously INDUCED. is CON
sistent with the noblcst aspirations of
man aud the happiest condition Of his
race.
"Afler the abolition Of slavery. an
event which | hope no one now re.
grets, the laws Of Louisiana and Tex
as existing prior to the rebellion, and
not in conflict with the acts Of Con-
gress. comprised vast system Of ju.
risprudence, both civil and criminal.
II required not volumes only, but H.
brarics to contain them. They laid
down principles and precedents for
Ascertaihing the rights and adjusting
the controversies Of men in every con-
csivable case. They were the crca-
tons Of great and good and learned
men, who had labored, in their day,
for their kind, and gone down 10 the
grave long before our recent troubles,
leaving their works an inestimablo
legacy 70 the human race. These
laws. as ! am informed, connected the
civilization Of the past and present
ages, and testified of the justice,
wisdom, humanity and patriotism Of
more than one Nation, through whose
records they descended to the present
people Of these States"
"What was Order No. 40. and how
could it have the effect you attribute
TO ~ IL sets forth that 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 hobeas corpus, the liberty
Of the press, the freedom of speech,
and the natural rights Of persons AMI
property must be preserved. VIII
you question the truth Of these de
clarations Which one of these great
principles of liberty are you ready to
deny and repudiatcg Whoever doe.
50 avows himself the enemy of human
liberty and the advocate OF despotism.
Was there any intimation in General
Orders No. 40 that any crimes OF
breaches Of law would be counte,
nahced 7 You know that there was
not. On the contrary, you know per
fecily well that while the considera
ton OF crime and ohenses committed
in the Fifth Military District was re
TERED To the judgment OF the regular
civil tribunals. pledge was given in
Order No. 40, which all understood,
that tribunals would DO supported ia
their lawful jurisdiction. and thai
'forcible resistance 10 law would bs
instantly suppressed by arms. You
will not affirm that this pledge has
ever been forfeited. There has moi
been a moment since have been ia
command OF the Fifth District. whel
the whole military force in my hand
has not been ready TO support tn
civil authorities Of Texas in the exc
cution of the law. And | am un
willing TO believe they would refuse L
call for aid il they needed il.
II have found little else in your LET
ter hut indications Of temper, lashe'
into excitement by causes which
deem mostly imaginary, a great con
iidenee in the accuracy of your owl
/, opinions, and an intolerance Of th
opinions OF Others, desire to punisl
the thoughts and feelings of those VIII
differ from you, and an impatienc
which magnifes the shortcomings .
officials who are perhaps rs earnes
aud conscientious in the discharge o
their duties as yourself, and a mos
unsound conclusion that while an,
persons are to be found in wanting il
affection or respect for government, o
yielding il obedience from motive
. which you do not approve, war, an
, not peace, is the status, and all sue
1 persons are the proper subjects 70
, military penal jurisdiction.
III have written anything 10 di,