Western sentinel. [volume] (Winston [i.e. Winston-Salem], N.C.) 1856-1886, 1880-07-15

whole local civil code aunulled,
and that I am left, as com mander
OF the fifth military district, the
sole fountain of law jnstlce. This
Ia the position 10 which you would
place me.
am now to protect all rights
and redress all wropes. How is
it possible for me 10 do it? Innn.
me-abIs questions arise, of which
l am not only ignorant. but to the
sclution OF which military court
is entirely unified. One would
esta biish a will, another:a deed !;
or the question is one of success
ion, or partnership, or descent, or
trust +; suit of ejectment or claim
to chatteIs or the application may
reia'e to robbery, theft, araon, or
murder. How am l to take the
first step in any such matter? If
l turn to the acts of Congress /
find nothing on the subject. I
dare not open the authors on the
local code, for it has ceased to
exist.
And you tell me that this per
picking condition i am to furnish
10y dint ot my own hasty and crude
Judgment, the Legislation demanded
by the vast and manifold interests
Of the people ! l repeat, sir, that
you, and not Congress, are resron-
s'ole for the monstrous suggestion
that there are no local laws or in
stitutions here to be respected by
NC, outside the acts of Congress.
] say nnhesitatingly. if it we're
possible that Congress should pass
an act abolishing the local codes
for Louisiana and Texas-which |
do not hclicve-and it should fall
to my lot to supply their places
with something of my own, l do
not see how / could do better than
follow the laws in force here prior
TO the rebellion excepting what
ever therein shall relate to slavery.
Power may destroy the forms, bnt
Mt the principles of justice, these
will live in spite even of the sword.
History tells us that the Roman
randccts were lost for a long period
among the rubbish that war and
revolution ha'! hcared upon them,
hut at length were dug ont OF the
rnins-again to be regarded as a
precious treasure.
You arc pleased to state that
"since the publication of Ony) gem
cral orders No. 40, there has been
a perceptible increase Of crime and
manifestations of hostile feelings
towaad the goverEme ent and it's
supporters" and add "that it is an
unpleasant duty to give recital of
the condition of the uountry.'
You will permit me to eay that
l deem it impossible shat the first of
these statements can be true, and
that l do very greatly doubt the
correctness of the second. General
orders No. 40, were issued at New
Orleans, November 29th, 1867,
and yonr letter was dated jam
ary 18th, 1868. Allowing time
for order No. 40 to reach Texas
anc become generally known, some
additional time must have elapsed
before its effect would be manifest.
ed. and yet further time must
transpire before you would be able
to collect the evidence of what yom
term 1.-THE condition of thecountry,"
and yet, after all this, you would
have to make the necessary invcsti
CATIONS to ascertain if order No. 40,
or something else, was the cause.
The time, therefore, remaining to
enable you, before the l 7:h ot June,
1868, to reach satisfactory con-
clusion on SO delicate and nice a
question must have boon very short.
low you proceeded, whether yo,,
investigated yourself or through
third persons, and if 60, who they
were, what their competency and
fairness, on what evidence you
rested yonr conclusion, or whether
fyou ascertained any facts at all,
are points npon which your letter
SO discrcetly omits all mention,
that ! may well be excused for not
relying implicitly upon it; nor is
my difficulty diminished by the
fac: that in another part of your
letter you state that ever since the
close of the war a very large. por-
ton of the people have had no af-
f.ction for the government, but
bitterness OF feeling only. Had
the duty of publishing and circula
ting through the country, long
before it reached me, your state
.uent that the action OF the Dis-
trict Commander was increasing
crime and hostile feeling against
the Government, been lees p .infnl
to your sensibili,ies, it might posi-
bly, have occurred to you 10 furnish
something OH tho subject in addi-
ie:o