The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1880-07-16


better suited than any other TO the con.
dition Of this people, for by them they
have long been governed. Why should
any one wish TO abolish them They
have committed no treason, nor ARE hos
tile TO the United States, nor counte.
nance crime, nor favor injustice. On
them, as on foundation of rock, re-
poses almost the entire 81 upcrstrncture
of social order in these two States.
Annul this code Of local laws, and there
would be no longer any rights, either Of
person or property, here Abolish the
local civil tribunals made 10 execute
tlom, and you would virtually aAnul
the laws, except in reference to the
vcry cases cognizablo in the Federal
Courts. Let us for moment suppose
the whole local Civil Code annnlled,
and that am loft. az commander Of the
Fifth Military District, the sole foun.
lHiH Vf Law and Justice. This Is the
position in which you would place mo.
am now TO protect all rights and
redleSs wrongs. How is IL possible for
me 10 do iti fnnumerable questions
arise, Of which am not only ignorant,
but TO the solution Of which Military
Court is entirely untitled. One would
establish u will, another decd or the
question IL one Of succession, or part.
nership, or descent or trust suit Of
ejectment or claim 10 chattel'; or the
application may relate 70 robbery theft,
arson or murder. How am 70 take
tho first step in any such matter Ii |
turn to the Act Of Congress find moth
ing on the snhject. / 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 aud crude judgment,
tho legislation demanded by the vast
aud manifold interests Of the people
repeat, sir, that you. and not Congress,
are responsible for the monstrous sug-
gest n that there are no local laws or
institutions here to be respected by me,
outside Of the Acts Of Congress | say,
nnhesitatingly, il il were possible that
Congress should pass an Act abolishing
the local codes for Louisiana and Texas
which do not believe-and il should
fall to my lot to supply their places
with something Of my own, / DO not see
how could do better than to follow
the law in force here prior 10 the Re
bellion, excepting whatever therein
relates 10 slavery Power may destroy
the forms, but not the principle Of jus.
tiee These will live in sl.i E even Of the
sword. History t,lls - ,i.H tie Ro-
mao I,andects we've h.si { u loug la.ri-
o,i among the ,,ti.ia-l ,i.at ~sr and
revolution bal h.-alel nla,n ,heu,. ort
at length wcrr dug our ii the ruins -
again Ia be rreani,d precious treas.
ure.
You are l.lra-ed 10 haS liat 's-insr.
the publication Of (ay) Genrral oei,.rs
No. 40. there has l'..ei, = l'ercepiihIe u.
crease Of crime and manifestations of
hostile feeling toward the u"vrthnenI
and it's supporters" aud add that II Il
ian unpleasant duty TO give such rr-
eital OF the condition Of the country"
YoI will Permit me to say that ]
deem il iml~psnible Ihe int of these
statements can le true, aud that | dcl
vely greatly ,lonbt tie correGiness of
the second General Orders No. 40
were issiied at New Orleans, November
| 20, SCI, and sour letter WAS dated
january IL. 1868. Allowing time for
Order No. 40 10 reach Texas aud be-
come generally known, some additional
time must have elapsed before its effect
would lle mar rifeatel, aud yet further
time must transpire before you would
be able TO collect evidence of what YOU
term "the condition OF the country =
and yet, after all this; YOU would have
to make the necessary investigations to
ascertain IL Orders No. 40 or something
else was tho cause. The time, there
fore, remaining to enable yon, be-
fore the 18th Of January, 1868, TO
reach q satisfactory conclusion on so
delicate and nice q question must have
been very short. How you proceeded,
whether you investigated yourself or
through third person, and il so, who
they were, what their competency aud
fairness, on what evidence you rested
your conclusion, or whether you ascsr.
tanned any facts at all, are points upon
which your letter so discreetly omits all
mention, that / may well DO excused
for not relying implicitly upon it nor
is my difficulty diminished by the fact
that in another part Of your letter you
state that ever since the close of the
war very large portion of the people
have had no affection for the Govern
ment, but bitterness of feeling only.
Had the duty of publishing and circu-
lating through the country long before
! it reached me, your statement that the
, action of the District Commander was
increasing orime and hostile feeling
against the Government, been less pain
ful to your sensibilities, it might posi-.
: bly, have occurred 70 you to furnish
: something on the subject in addition tC
] your bare assertion.
j But what was ORDERS No. 40, arc
how could it have the effect you attrib
: ute TO itR ltseta forth that the great
| principles Of Amerlcan liberty are still
; the iuheritanee of this people and evel
: should he, that the right Of trial by
: jury, the habeas corpus, the liberty Of
: the Press, the freedom Of speech, ant
the natural rights Of persons and prop
: erty must be preserved Will yov
5 question the truth Of these declarations
Which one of theae great principles are
you ready to deny end repndiatel Who
: ever does so avows himself the enemy
a Of human liberty and the advocate o
: despotism Was there any intimatior
/ ~ he
Q crimes or breaches of law would b,
. |