Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1880-07-16


freedom of speech, and the natural
rights of persons and property must
be preserved" Will you question
the truth of these declarations d?
Which one of these great principles
Of liberty are, you ready to deny and
rebudiate? Whoever does 30, avows
himself the enemy of human liber-
ty and the advocate of despotism.
Was there any intimation in general
order No. 40 that any crimes or
breaches OF law would be counten-
anced? You know that there was
not. On the contrary, you knew
perfectly we'll that while "the con-
sideration of crime and offenses com.
mitted in the Fifth Military District
was referred to the judgment of the
regular civil tribunals" o pledge
was given in order No. 40, which all
understood, that tribunals would
be supported in their lawful jurisdc-
ton, and that " forcible resistance
to law would be instantly suppressed
by arms" You will not affirm that
this pledge has ever been forfeited.
There has not been moment since
l have been in command of the Fifth
District, when the whole military
force in my hands has not been ready
to support the civil authorities of
Texas in the execution OF the laws.
And l am unwilling to believe they
would refuse to call for aid if they
needed it.
There are some considerations
which, it seems to me, should cause
you to hesitate before lndulging in
wholesale censures against the civil
authorities of Texas. You are your
self the chief of these authorities,
not elected by the people, but crc-
ated by the military. Not long af-
ter you had thus come into office,
all the Judges Of the Supreme Court
of Texas-five in number--were re-
moved from office, and new appoint
msnts made; twelve of the seventeen
District Judges were removed, and
others appointed in their places. 1t
is fair to conclude that the Executive
and Judicial civil functionaries in
Texas are the persons whom you de-
sire to fill the Offices. 1t is proper to
mention. also, that none but regis
tered citizens, and only those who
could take the test oath, have been
allowed to serve as jurors during
your Administration. Now, it is
against this legal Government, cre-
ated by military power prior to my
coming here, and so composed by
your personal and political friends,
that you have preferred the most
grievous complaints. 1t is of them
that you have asserted they will not
do their duty; they will not main
tain Justice; will not arrest offenders;
will not punish crimes; and that out
of one hundred homicides committed
in the last twelve months, not over
ten arrests have been made; and by
means of such gross disregard of
duty, you declare that neither pro-
perty nor life is safe in Texas.
Certainly you could have said
nothing more to the discredit OF the
officials who are now in Office. If
the facts be as you allese, mystery
is presented for which can imagine
no explanation. Why is it that
your political friends, backed up and
sustained by the whole military pow
er of the United States in this Dis
trict, should be unwilling to enforce
the laws against that part of the pop
ulation lately in rebellion, and whom
you represent as the offenders In
all the history of these troubles, l
have never seen or heard before OF
such fact. l repeat, if the fact be
so, it is a profound mystery, utterly
surprising my comprehension. l
am constrained to declare that | be-
lieve you are in very great error as
to facts. On careful examination at
the proper source, find that at the
date of your letter, four cases only of
homicides had beer reported to these
headquarters as having occurred
since November 20, 1867, the date
of order 40, and those cases were
ordered to be tried or investigated
as soon as the reports were received.
However, the fact of the one hun
drsd homicides may still be correct,
as stated by you. The Freedman's
Bureau in Texas reported one hun
dred and sixty; how many OF these
were by Indians and Mexicans, and
how the remainder were classified. is
not known, nor is it known whether
these dates are accurate.
The report of the Commanding Of
ficer OF the District of Texas shows
that since l assumed command no
applications have been made to hlm
by you for the arrest of criminals III
the State of Texas.
To this date, eighteen cases of ho
mocides have been reported to me as
having occurred sinco November "
! 1867, although special instructions
had been Eiven to report such cases