, 1880-07-05
Mail and TeIegra PHI


OF IerdS:
SIR:-Your communication of the 18th
January last, was received iu due courss
of mail, (the 9th january but not until
it had been widely circulated by the
newspaper press. To such Il letter-wfit-
ten and published for manifest purposes
it has been my Intention to reply as
soon as leisure from more important bu-
siness would permit.
Your statement that the act of Con
gress to provide for the more cthclent
government OF the rebel States declares
that whatever government existed In
Texas was provisional; that peuce and
order should be enforced; that Texas
should he 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
force to protect the rights OF person and
property, suppress insurreetlon and vlo>
lence and punish offenders, either 10y mil
itarv commission, or through the actlen
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 dl,-
ty to order the military commission re-
auested, you have entirely failed to show.
The power to do thing it shown, and
the proprlety 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 seno members TO
Congress, WELD militia 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. Yon admit
the act of Congress authorizes me to try
an offender by military commission, or
allow the local civil tribunals to try, as
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, yeu must either
deny the plain reading of the act Of Con
gress, or the power OF Congress to pass
the act.
You next remark that you dissent from
my declaration ''that the country (Texas)
is in a state of profound peace" and pro-
ceed to state the grounds OF your tissent.
They appear to me not little extraer-
dnary. quote your words. - 1t is true
there no longer exists here (Texas) any
organized resistance to the authority OF
the United States But large majority
cf the white population wLo participated
in the late rebellion. are enbitterd against
the Government and yield to it an un-
willing obedience" Nevertheless, you
concede they do yield obedience. You
proceed:
None of this class have any affection
for the Government, and very few any
respect for it. They regard the legi.la-
tion 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 as an usur-
patton of their rights. They look on the
emancipation of their late slaves and the
Acknowledgement of portion of their
own class, as an act of insult and oppres-
sion"
And this is all you have to present for
proof 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 'y means Of militia
rv 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 lite
time. 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, |
conld deyoutly wish that no great num-
ber Of our people have yet fallen in with
the views you appear to entertain. Woe
he to US whenever it shall come to pass
that the power of the msglstrate-civil
or military-is permitted to deal with
the mere opinions or feelings of the peo>
pie.
| have been accustomed to believe that
sentiments of respect or dlsrespect, and
feelings of affection, love or hatred, so
long AS not developed into acts IN viola>
tion of law, were mattecs wholly beyond
the punitory power of human tribunals
| will maintain that the entire freedom
of thought and speech, however accrimo-
niously indulged, is consistent with the
n"nlest aspirations of mall and the hap
piest condition of his race.
When n boy, / remember to have read
speech of Lord Chatham. delivered in
Parliament. 1t was during our Revolu-
tionary war, and related to the policy of
employing the savagcs ON the siae of Bri
taiu. You may bs more familiar with
the speech than l am. Ii am not great>