The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1880-06-30
WINFIELD s. HANCOCK.
The Great Soldiers Civil Record.
His Celebrated Letter to Governor Pease,
- , Of Texas.
1.-THE Right of Trial by Jury. the Habeas
Corpus, the Liberty of the Press, the
Freedom of Speech, the Natural
Rights of Persons and the Rights of
Property Must be Preserved"

the close of his administration at New Or
leans, in reply to the application of Governor
Pease, of Texas, for the establishment o.
military commissions in that State. 1t de
serves a careful reading, and in it may be
found triumphant vindication of the
principles upon which General Hancock
conducted his administration. No conserv.
alive citizen can read it without being i'm
pressed with the soundness OF the writer's
political principles, the frmness and indie.
pendence of his character, the excellence OF
| his judgment, bis statesmanlike ability and
manly patriotism:
| HEADQUARTERS FIFTH MILITARY DISTRICT, I
| NEW ORLEANS, LA, March ., lees.
To His ExceIlency Z. NJ. Pease, Governor OF
| SIR-Your communication of the 18th JAN
uary last was received ia due course OF mail
| (the 9th of january but not until 1t had been
widely circulated by the newspaper press. To
such letter-written and published for mani
/ fest purposes-it has been my intention TO re.
| pay as soon as leisure from more important
business would permit.
Your statement that the act of Congress "to
! providef for the more efficient government OF
the Rebel States, declares that whatever gov
eminent existed in Texas was provisional
/ that peace and order should be enforced; that
] Texas should be part OF the Fifth Military Dis
| trict, ana subject to military power; that the
President should appoint an officer to COM
mand in said District, and detail a force to
| protect the rights of person and property, sup
| press resurrection and violence, and punish
offenders, either by Military Commission, or
! through the action of local civil tribunals, as
In his judgment might seem best, Will not be
disputed. One need only real the act to per-
ceive IL contains such provisions. But how
all this is supposed to have made
IL my duty to order the military COM
mission requested, you have entirely failed to
show. The power to do a thing If shown, and
the propriety of doing it, are often very differ
ent matters. You observe you are at loss to
understand how Government without rep
resentattOn in Congress, or militia force, and
@ 80 ~ e of s ne 1e IN
You do not reflect that this Government, Gre
ated or permitted by Congress, has all the pow
ers which the act intends, and may fully exer-
else them accordingly. II you think it ought
to have more powers, should be above to
send members to Congress, WELD militia
force, and possess yet other powers your COM
plant Is not to be preferred against me, but
against Congress, who made ii'what it is.
AS respects the issue between us, any ques-
ton as 10 what Congress ought to have done
has no pert1nence. You admit the act of Con-
greSS authorizes me TO try an offender by Mill
itary commission, or allow the local civil tri-
bunals to try, as 1 shall deem best; and you
can not deny the act expressly recognizes
such local civil tribunals as legal authorities
for the purpose specified. When you contend
there are no legal tribunals for any purpose In
Texas, you must either deny the plain reading
OF the act of Congress or the power of Congress
You next remark that you dissent from my
declaration, "that the country (Texas) is in a
state of profound peace" and proceed to state
the grounds OF your dissent. They appear to
me not a little extraordinary. / quote your
words: at IS true there no longer exists here
thorlty of the United States HBut a large
majority of the white population who partici-
pated in the late rebellion are embittered
against the Government, and yield to It an
unwilling obedience" Nevertheless. you con-
cede they do yield it obedience. You pro.
coed:
"None of this class have any affection for
the Government, and very few any respect for
il. They regard the legislation of Congress on
the subject of reconstruction as uncOnstitu-
ttonal and hostile TO their interests, and con
slider the Government now existing here under
authority of the United States as an usurpa-
ton of their rights. They LOOK on the eman-
cipation of their late slaves and the disfran-
chisement of a portion of Their own class as
an act ofainsult and oppression"
And this is all yop have to present. for proof
that war and not peace prevails In Texas; and
hence 1t becomes my duty-so !ou suppose-to
set aside the local civil Tribunals ana enforce
the penal code against citizers by means of
My dear sir, am not a lawyer, nor has It
been my business, as it may have been yours,
tics. But may lay claim after an experience
of more than half a life time to some poor
knowledge of men and some appreciation of
what Is necessary TO social order and happi-
ness. And for the future of our common cOun-
try could devoutly wish that no greater num-
9 der OF our people nave yet f az IN %5h tine
1T shall come TO pass that the power of the mag
istrate, civil or military, is permitted to deal
with the mere opinions or feelings OF the peo-
pie.
have been accustomed to believe that sem
timents OF respect or disrespect and feelings of
affection, love or hatred, so long as not devel-
oped into acts in violation law, were matters
wholly beyond the punitory power of human
tribunals.
will maintain that the entire freedom of
thought and speech, however tremendously
INDUCED, is consistent with the MODEST aspi-
rations OF man and the happies condition of
his race.
When a boy I remember to have read
speech of Lord Chatham, delive,ed in Parlia-
ment. 1t was during our Revolution airy war,
and RELAXED to the policy of employing the
savages on the side of Britain. You may be
more familiar with the speech han am. II
nounced the British Government-hts Gov
ernment-in terms of unm easuf9d bitterness.
every sentiment OF humanity and religion;
proclaimed IL covered with disgrace, and
vented his eternal adherence of IL and its
measures. 1t may, think, be safely asserted
that a majority of the British Nation con.
Cured in the views of Lord Chatham. But
not existing in that Kingdom, OF that Govern
ment had any authority to question the abso-
Lutte right of the opposition to express their
objections TO the proprtety OF the Kings meas
ures in any words, or TO any extent they
pleased? 1t would be difficult to show that
the opponents OF the Government in the days
OF the elder Adams or jefferson or Jackson
exhibited for 1t either affection respect"
You are conversant with the history of our
past parties and political struggles touching
legislation on alienage, sedition, the embargo
National Banks, our wars with England and
Mexico, and can not be Ignorant of the fact
that for one party to assert that a law or sys-
tenn of legislation is unconstitutional, OQpres-
sive and usurpative Is not new thing in the
United States That the people Of Texas con-
slider acts of Congress unconstitutional, OPP
pressive or Insulting to them is Of no conse-
quence to the matter in hand. The President
of the United States has announced his op1n.
ion that these acts of Congress are unconsti-
tutional. The Supreme Court. as you are
aware, not long ago decided unanimously that
a certain Military Commission was unconsti.
tuttonal Our people everywhere, in every
state, without reference TO the side they TOOK
during the Rebellion, differ as to the constitu-
tionality of these acts of Congress. How the
matter really is, neither you nor may dog
matically affirm.
II you deem them Constitutional laws and
beneficial to the country, you not only have
the right to publish your opinions, but 1t
might be your bosnden duty as citizen to do
so. Not less is it the privilege and duty of any
and every citizen, wherever residing, to pub
lish his opinion freely and fearlessly on this
and every question which he thinEs concerns
his interest. This is merely in accordance
with the principles OF our free government;
and neither you nor l would wish to
live under any other. It is time
nOyv at end of almost two wears