, 1880-07-05

Lord Chatham. But whoever supposed
that profound peace was not existing in
that kingdom; or that government had
any authority to question the absolute
right of the opposition to express their
objections to the propriety of the kings
measures in any words, or to any extent
they pleased2 1t would be difficult to
show that the opponents of the Govern.
ment in the days of the elder Adams, or
jefferson, or jackson, exhibited for it
either affection" or respect" You are
conversant with the history of eur past
parties and political struggles touching
legislation on alienage, ssditlon, the ems
barge, national banks, our wars with En~
gland and Mexico, and cannot be igno-
rant of the fact. that Tor one party to ass
sert that a law or system of legislation is
unconstitutional, oppressive, and usurpa-
tive, is not new thing in the United
States. That the people of Texas consid-
er acts of Congress unconstitutional, Op-
pressive, or insulting tc them, is of no
consequence to the matter in hand. The
President of the United States has ans
nounced his opinion that these acts are
unconstitutional. The Supreme Court,
as you are aware, not long ago decided
unanimously that certain military COM
mission was unconstitutional. Our pe0-
pie everywhere, in every State, with
out reference to the side they took dur
ing the rebellion. differ as to the consti--
tutiohality of these acts of Congress-
How the matter really is, neither you nor
l may dogmatically affirm.
Ii you deem them constitutional laws.
and beneficial to the country, you not
only have the right to publish your opin-
ions, bnt it may be your bounden duty
as citizen to do so. Not less is it the
privilege and duty of any and every citi>
zen, wherever residing, to publish his
opinion, freely and fearlessly on this and
every question which he thinks concerns
his interest. This is merely in accord-
ance with the principles of our free gov
ernment; and neither yod nor | would
wish to live under any other. 1t is time
now. at the end of almost three years
from the close of the war, we should be-
gin to rcco.lect what manner of people
we are; to tolerate again free, popular
discussion, and extend some fOrbearance
and consideration to opposing views
The maxlms that in all intellectual con-
tests truth is mighty and must prevail,
and that error is harmless when reason
is left free to combat it, are Ii. SAly
sound, but salutary. 1t is a poor, Gem
pliment to the merits of such cause,
that lis advocates would silence opposi-
ton by force; and generally those only
who are in the wrong will resort to this
ungenerous means. l am confident you
will lot commit your serious Judgment
to the proposition that any amount of
discussion. or any sort of opinions, how>
ever unwiss in your judgment; or any
assertion or feeling, however resen:ful or
bitter, not resulting in beach of law,
can furnish justification for your denial
that profound peace exists ia Texas-
You might as well deny that profound
peace exists in New Yerk, Pennsylvania,
Maryland, California, Ohio and Kentucky,
where majority of the people differ
with minority on these questions: or
that profound peace exists in the House
of Representatives. or Senate, at Wash
ington, or in the Supreme Court, where
all of these questions have been repeat
edly discussed, and parties respectfully
and patiently heard. You next complain
that in parts of the State (TeXas) it is
difficult te enforce the criminal laws; that
Sheriffs fail to arrest; that grand juries
the military acting in aid of the civil au-
thontcs have not been able to execute
the process of the courts; that petit jurors
have acquitted persons adjudged guilty
by you; and that other persons charged
with offenses have broke Jail and fled
frem prosecution. know not how these
things are; but admitting your repre-
sentations literally true, if for such rea-
sons should set aside the local civil iris
bunals and order military commission,
there is no place in the United States
where it might not be done with equal
proprictv. There is not State in the
Union-North or South-where the like
facts are not continually happcning.-
Perfection is not to be preaictcd of man
or his works. No one can reasonably
expect certain and absolute justice IN hu>
man transactions; and ii military power
is to be set in melton, on the principles
ioT WHICH you "ouiu Sccul w CouttHu,
fear that a civil government, regulated
by laws, could have no abiding place be-
meath the circuit of the sum- 1t is rather
more than hiuted in your letter. that
there is no local Government in Tex
as, and no local laws outside the acts of
Congress, which ought to respect; and
that l should undertake to protect the
rights of person and property IN my oecn
'e your meaning, am compelled to diff
fer with you. Alter the abolition of
slavery. ian 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 Il vast system of Jurisprudence,
both civil and criminal. It required not