The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1880-11-02

Aet0 ,Whet ought 70 have bean done has ne per
tinence. You admit that The act Of Congress au-
th0sizes ne to Try an offenae b., military com-
mission, or allow the local civil ribunals TO try.
- shall deem best and you cannot deny that
the oct expressly recognizes such I0Cal civil fr.
bupAls as legal anthoritiR for the purpose speci
Ned. When you contend that there are no legal
local tribunals f0f any purposs in Texas, YOU
must either deny the plain reading. OF the oct Of
Congress, or the power Of Congress 70 pass the
Hou next remark that you dissent from my
declaration that the country CTexas) is Ia state
Of profound peace" and proceed 10 state the
grouIds ofyour; diseept They sppear to me not
2 2. little extraordinary. quote your words: 1t
Organised resistance 70 the authority Of the Uni
ted States" But large majority Of The white
population who participated fn the late rebellion
are embittered against the government and yield
to II an unwilling obedience" Nevertheless, You
concede they do yield II obedience. You pro.
coed: e
None Of this class have any affection for the
government, and very few have any respect Tor
IL. They regard the legislation Of Congress on the
subject ef reconstruction as unconstitutional and
nsss 2 sSss la;ns as; .s and consdsE ,hs
their rights. They look on the emancipation of
their late slaves and the disfranchisement of q
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 1t becomes my duty-so you suppoee-to
set aside the local tribunals and enforce the penal
code against citizens by means of military COM
missions. My dear sir, j am not lawyer, nor has
1t been my business, as it may have been yours,
70 study the philosophy of statecraft and politics,
but may lay claim, after an experience of more
than half q lifetime to some poor knowledge of
men and some appreciation of what is necessary
to social order and happiness And for the future
Of our common country, could devOutly wish
that NO great number of our people have yet
fallen in with the views you appear 10 entertain.
Woe be TO us whenever 1t shall come to pass that
the power of the magistrate, civil or military, is
permitted 10 deal with the mere opinions or feel
ings Of the people. 1t would be difficult TO show
that the opponents of the government in the days
of the elder Adams, or jefferson, or jackson, ex-
hibitej either affection" or respect" You are
conversant with the history of our past parties
and political struggles touching legislation or
alienage, sedition, the embargo. national banks,
our wars with England and Mexico, and cannot
be ignorant of the fact that for party to assert
that law or system of legislation is unconstitu-
tional, oppressive or usrrpative, is not a new
thing in the United States. That the people of
Texas consider acts of Congress unconstitutional,
oppressive or insulting TO them, is of no conse-
quence 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 age
decided unanimously that certain military COM
mission was unconstitutional Our people every
where, in every State, without reference to the
side they took during the rebellion, differ as 10
the constitutionalty of these acts of Congress.
How the matter really is, neither you nsr may
dogmatica]ly affirm. l am confident you will not
commit your serious judgment to the proposition
that any amount OF discussion, or any sort of
opinions. however unwise in your judgment, or
any assertion or feeling, however reseniful or bit
ter, not resulting in breach Of law, can furnish
justification for your denial that profound peace
exists in Texas You might as well deny that
profound peace exists in New York, Pennsylva-
mia, Maryland, California, Ohio and Kentucky,
where majority of the people differ with q mi
nority on these questions; or that profound peace
exists in the House Of Representatives or the
Senate at Washington, or in the Supreme Court,
where all these questions have been repeatedly
discussed and parties respectfully and patiently
heard
You next COMPLAIN that in parts of the State
Texss,)it is difficult TO enforce the criminal
laws that sheriffs fail to arrest; that grand ju-
rors will not always indict; that in some cases
the military acting in aid of the civil authorities
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 broken Jail and fled
from prosecution. know not how these things
are, but admitting your representations to be lit
orally true, if for such reasons should set aside
the local civil tribunals and order military COM
mission, there is NO place in the United States
where it might not be done with equal propriety.
It was rather more than limited in your letter
that there was no local State Government In
Texas, and no local laws outside out of the acts
Congress which ] ought to respect, and that
should undertake toprotect the rights Of persons
and property in my own way and in an arbitrary
manner. If such be your meaning, / am CON-
PEELED to differ with you. After the abolition of
slavery ian event which hope no one now re-
gretsl the laws of Louisiana and Texas existing
prior 70 the rebellion and not in conflict with
the acts Of Congress- comprised a vast system of
jurisprudence, both civil and criminal. I am
satisfied from the representations of persons COM
petent to Judge they are as perfect system of
laws as may be found elsewhere, and better
suited than any other to the condition of the peo
pie, for by them they have long been governed.
Why should it be supposed Congress has abol-
ished these lawsf Why should any one wish to
abolish themf Let US for a mement suppose the
whole civil code annulled, and that am left as
commander Of the Fifth Military District, the
sole fountain of law and justice This is the
position in which you would place me-
lam now 10 protect all rights and redress all
wrongs. How ls 1t possible for me to do it 2 In
Vulnerable questions arise, of which am not
only ignorant, but to the solution of which
military court is totally untitled. One would
establish q will, the other deed; or the Ques-
tion be one of succession, or partnership, or de-
scent, or trust; suit Of ejectment or claim to
chattels or, the application may relate 10 rob
berry, theft, arson or murder. How am I to take
the first step 10 any such msttere IF I turn 10
the ac:s Of Congress ] find nothing on the sub
ject dare not open the authors on the local
code for IL has ceased 10 exist. And you tell me
in this perplexing condition am to furnish, by
dint of my own hasty and crude Judgment, the
legislation demanded by the vast and manifold
interests of the people I repeat, sir that you,
and not Congress, are responsible for the mon-
strous suggestion that there are no local laws or
Institutions here; 70 be respected BY me-, out
side Of the acts of Congress: / say, unhesita-
tingly, that If 1t were possible that Congress
Louisiana and Texas-which dc, net believe
and II should fall my lotto supply their places
with, something Of my own, / do not see how ]
could do better than follow the laws In force
here prior to the rebellion, excepting whatever
therein shall relate IN slavery. 4ou arc pleased
to state that since the publication Of (my) gen.
eral orders No. 40 there has been q perceptible
increase In crime and manifestation OF hostile
feeling toward the government and its support.
era" and add that 1t j. :. an unpleasant duty to
give such recital Of the condition OF the coun-
iry" nwoa2 oifff .as 1.el
You will permit me, to say that deem II Inn
possible the first OF these statements can be true,
and I do very greatly doobt the correctness Of
was wa order 10. and how could II have, lhs effect
you attribute toit q Il sets forth that the great
principles Of American liberty ara still the inher-
itance Of Ahis people, and ever should be; that
the right Of trial By jury, the Ae1eas cosPea the
liberty of the press, the freedom OF speech and
the natural rights Of persons and property must
be preserved, WIN goq question the truth Of