The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1880-07-16
EBENSBURG, PA, FRIDAY, JULY Is. 1880

5 civil authorities have not been able to exc
cute the process of the Courts; that peti
jurors have acquitted persons adiudgeC
+ guilty by you, and thai other persons charges
I with OtfenSeS have broke jail ard fed from
= prosecution. 1 know not how these thing
are, but admitting your REPRESENTATIONS liter
ally true, if for such reasons ! should Sc
aside the local civil tribunals and order mil
itaTY commissions, there is no place in tn,
: United States where it might not be don,
: with equal prOpriety There is not Stat,
, in the UniOn-noTth or south-where the
, Ike facts are not continually happening
! Perfection is not to be predicted Of man O
! his works. No one can reasonably expec
} certain and absolute Justice in human trans
actions; and if military power is to be set il
motion, on the principles for which yOU
would seem to contend, / fear that a cvi
government, regulated by laws, could have
I no abiding place beneath the circuit of tho
I sun. 1t IS rather more than limited in yOul
letter that there is no local State government
I in Texas, and no local laws outside of the
acts Of Congress, which ! ought to respect
and that | should undertake to protect the
+ rights of persons and property in my own
way and in an arbitrary manner. If such
be your meaning I am compelled to differ
with you. Afterthe abolition OF slavery, Can
event which hope no one now regrets, the
laws of Louisiana and Texas existing prior
to the rebellion and not in conflict with the
acts of Congress comprised a vast system of
Jurisprudence, both civil and criminal. II
required not volumes OnIv, but libraries to
and precedents for ascertaining the rights
and adjusting the controversies Of men in
every conceivable case. They were the ere
atiOnS Of great and good and learned men,
who had labOIed in their day for their kind,
and gone down to the grave long before our
recent trouble, leaving their works an ines
timabe legacy to the human race. These
laws, as ! am informed, connected the civii-
zation of past and present ages, and testified
Of the justice, wisdom, humanity and patriot
ism of more than one nation, through whose
I records they descendedto the present people
of these States. / am satisfied from repre-
7 SentatIOnS OF persons competent to Judge,
they are as perfect a system Of laws as may
be found elsewhere, and better suited than
I any other to the condition of this people, for
by them they have long been governed
/ Why should it be supposed Congress has
abolished these laws? Why should any one
: wish to abolish them? They have commit
ted no treason, nor are hostile to the United
States, nor countenauce crime, nor favor in
justice On them, as on foundation of rock,
. repOSeS almost the entire SuperstructuTe
( of social order in these two States. Annul
this code of local laws, and there would be
/ no longer any rights. either of person or prop
erty, here. Abolish the local civil tribunalS Is
made to execute them, and you would virtu-
ally anuul the laws except in reference to
the very few cases cOguiZable in the Federal
Courts. Let US for a moment suppose the
. whole lOcdlcivil cOdcanuuiled, and that am
. left, as commander of the Fifth Military Dis
. tTict. the sole fountain of law and Justice
This is the position in which you would place
me.
am now to protect all rights and redress
. all wrongs. HOW Is II possible Tor me to go
it2 Inuumerablc questions arise, of which
am not only ignorant, but to the solution of
which a Military Court is entirely untitled.
/ One would establish a WILL another q deed ;
I or the question IS one OF succession, or part
/ neTShip, or descent, or trust q suit of eject
meut or claim TO chattels; or the application
may relate to robbery, theft, arson, or muir
/ der. How am l to take the first step in any
such NATTER If | turn to the acts of Con-
f. gTess 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 perplexing
. condition ] am TO furnish by diut of my own
/ hasty and crude Judgment the legislation
( demanded by the vast and manifold interests
Of the people repeat, sir, that YOU, and
/ not Congress, are responsible for the mon
/ StUOus suggestion that there are no local laws
/ or institutions here TO be respected by me,
/ outside the acts OF Congress. ! say uuLesi-
. tatingly, if it were possible that Congress
. should pass an act ahOIishin0 the local codes
/ foI louisiana and IcXaS--which DO not be
7 lieve-and it should fall to my lot TO supply
their places with something of my own,
! do not see how | could 90 better than to fol-
low the laws in force here prior to the re-
( bellion, excepting whatever therein shall re
( late to slavery. Power may destroy the
( forms but not the principles of justice these
/ will live in spite even Of the sword. History
tells us that the Roman pdndectS were lost
/ for long period among the rubbish that war
+ and revolution had heaped upon them, but
at length were dug out of the ruinS-aC gain
/ to be regarded as precious treasure.
/ You are pleased 10 state that ''siuce the
publication of (my) general order No. 10,
! there has been perceptiDle increase Of
/ crime and manifestation of hostile feeling
toward the government and its supporters -
and add that il is can unpleasant duty to
/ give such recital OF the condition OF the
! But what was order No. 10 and how could
+ it have the effect you attribute to it 1t sets
forth that 'the great principles of American
liberty are still the Inheritance of this people
/ and should ever be, that the right of trial by
. Jury, the habeas corpus, the liberty of the
press, the freedom of speech, and the natur-
al rights of persons and property must be
/ preserved" VIII you question the truth of
these declarations? Which one of these
/ great principles of liberty are you ready to
/ deny and Tepudiate2 Whoever does so
/ avowS himself the enemy of human liberty
and the advocate OF despOtiSm. Was there
any intimatiOn in general order No 10 that
any crimes or breaches OF law would be cOun-
tenanced? on know that there was not.
On the contrary, you know perfectly we'll
that while 'the consideration of crime and
+ Ofenses committed in the Fifth Military Dis
tTict was referred to the judgment of the
regular civil tribunals" a pledge was given
in order No 10, which all understood, that
the tribunals would be supported in their
lawful jurisdiction, and that 5'forcible resist
ance to law would be instantly suppressed
by arms" You will not affirm that this
pledge has ever been forfeited. There has
not been moment since | have been in
command of the Fifth District when the
whole military force in my hands has not
been ready to support the civil authorities
of Texas in the execution Of the laws. And
] am unwilling to believe they would not
call for aid if they needed it.
That there has been no such wanton dis
regard of duty on the part of officials as you
allege | am well satisfied. a very little
while ago you regarded the present officials
in Texas the only ones who could be safely
trusted with power Now you pronounce
them worthless and would set them aside.
| have found little else in your letter but
indications OF temper, lashed into excitement
by causes which deem mostly imaginary,
great confidence in the accuracy OF your own
opinions and an Intolerance to the opinions
of others, a desire 10 punish the thoughts
and feelings OF those who differ from you,
and impatience which magnifie5 the short
comings Of officials who are perhaps as earn
est ard conscientious III the discharge OF
their duties as yourself, and most unsOund
conclusion that while any persons are to be
found wanting in affection or respect for
government, or yielding it obedience from
motives which you do not approve, war, and
{ not peace, is the statutes and all such per
/ sons are the proper subjects for military
/ penal jurisdiction.
If / have written anything to disabuse
/ yOur mind of SO grave an error, l shall be
gratifed.
I am, sir, very respectfully your obedient
/ servant W. : HANCOCK.
Major General Commanding.
/ SOME THINGS Nor GENERALLY known.