, 1880-07-12
Mail and Teiegra pin.
Gen. Hancock to Gov. Pen.e-

HEADQR's FIFTH MILITARY DISTRICT.
New ORLEANS, Ua.) March 3, 1868.
To His Escellency E. N. Pease, Governor
Of Texas:
SIR Your communication of the 18th
January last, was received iu due course
of mail, (the 9th january but not until
it had been widely circulated by the
newspaper press. To such II letter-wrt
ten and published for manifest purposes
it has been my Intention to reply as
sson as leisure from more important bu-
siness would permit.
Your statement that the act of Con =
gress 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 bs part of the Fifth Military Dis
trict and subject to Military power; that
the President should appoint an officer
to command in said district and detail a
force to protect the rights of person and
property, suppress insurreetion and vlo>
lence. and punish offenders. either by mil
itary commission, or through the action
OF local civil tribunals, as in his judgment
might seem best, will not be disputed
One need only to read the act to perceive
it contains such provisions. But how all
this is supposed to have made it my d,.-
ty to order the military commission re-
quested, you have entirely failed to show
The power to do thing if shown, and
the proprIety of doing it, are orten very
different matters You observe you are
ut loss to understand how government
without representation in 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 amilitia force, and possess
yet other powers, your complaint is not
to be preferred against me, but against
Congress, who made it what it is
AS respects the issue between US, any
question as to what Congress ought to
have done has no pertinence. You admit
the act of Congress authorizes me to try
an offender by military commission, or
allow the local civil tribunals to try, as l
shall deem best; and you cannot deny
the act expressly recognizes such local
civil tribunals as legal authorities for the
purpose specified. When you contend
there are no legal local civil tribunals for
any purpose in Texas, yea must either
deny the plain reading of the act of Con-
gress, or ths power of Congress to pass
the act.
You next remark that you dissent from
my declaration that the country CTcxas)
is in state of profound peace" and pro-
cced to state the grounds of your iissent.
They appear to me not little eXtraor>
dinary. quote your words: g. 1t is true
there no longer exists here (Texas) any
organized resistance to the authority of
the United States. But large majority
ot the white population wl.o participated
in the late rebellion, are embitterd against
the Government and yield to it an un-
willing obedience" Nevertheless, you
concede they do yield obedience. You
proceed:
None of this class hayc any affection
for the Government, and very few any
respect for it. They regard the legiSla-
tlon OF Congress on the subject of recon-
struction as unconstitutional and hostile
TO their interests, and consider the gov
ernment now existing here under the
authority of the United States ns an usur-
patton OF their rights. They look on the
emancipation of their late slaves and the
disfranchsement of portion of ,heir
own class, as an act of insult and 0ppres-
sion"
And this is all you have to present for
prsof that war and not peace prevails in
Texas; and hence it becomes my duty
so you suppose-to set aside the local
civil tsibunals, and enforce the penal
code against citizens by means of miiita-
ry commissions.
My dear sir, am not lawyer. nor has
it been my business, as it may have been
yours. to study the philosophy of state
craft and politics, But | may claim, at
ter an experience of more than half a lIe
tine, to some poor knowledge OF men.
and some appreciation of what is ncces-
sary to social order and happiness And
Tor the future of our common country,
could devoutly wish that no great mum
her OF our people hAveyet fallen in with
the views you appear to entertain. Woe
TO us whenever 1t shall come to BASS
that the power Of the magistrate
or military-is permitted to deal with
the mere opinions or feelings of the pco-
pie,
l have been accustomed to believe that
sentiments of respect or disrespect, and
feelings of affection, love or hatred. so
long as not developed into acts in viola>
tlon OF law, were matters wholly beyond
the puna'ory power OF human tribunals.
l will maintain that the entire freedom
of thought and speech, however accrimo-
riousy indulged, is consistent with the
noblest aspirations of man and the hap~
pisst condition OF his race,
When boy, remember to have read
speech of Lord Chatham, delivered in
Parliament. 1t was during our Reyolu-