Daily Los Angeles herald., 1880-07-10

law, were uhlteT5 WHOLLY DeyOHu
the punitory power OF human tri.
buuals.
will maintain that the entire
freedom of thought and speech,
however acrimoniously INDUCED,
is consistent with the noblest aspi-
rations of man, and the happiest
condition of his race.
When boy, remember to have
read sps ech of Lord Chatham, de-
livered In Parliament. 1t was dur
lug our Revolutionary War, and
related to the policy Of employing
the savages on the side of Britain.
You may be more familiar with
the speech than 1 am. If am not
greatly mistaken his Lordship de-
nounced the British government
his government-in terms Of I'M
measured bitterness. He charac-
terized its policy as revolving to
every sentiment OF humanity and
religion; proclaimed it covered
with disgrace, and vented his eter-
nal adherence of it and its meas
ures. 1t may, think, be safely
asserted that majority of the
British nation concurred in the
views OF Lord Chatham. But
who ever supposed that profound
peace was not existing in that
kingdom, or that government had
any authority to question the alb
solute right of the Opposition to
express their objections to the pro-
priety of the Kings measures 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 Jack
son, exhibited for 1t either "afiec-
ton" or "respect." You are con-
versant with the history OF our
past parties and political strug-
giles touching legislation on alien.
age, sedition, the embargo, ma.
tional banks, our wars with Eng
land and Mexico, and cannot be
ignorant Of the fact that for one
party to assert that law or u sys.
tenn of legislation is unconstitu.
tional, oppressive, or insulting to
them, is of no consequence to the
matter in hand. The President OF
the United States has announced
his opinion that these Acts of Con.
gress are unconstitutional. The Su.
preme Court, as you are aware, not
long ago decided unanimously that
a certain Military Com mission was
unconstitutional. Our people
| every where, in every State, with.
out reference to which side they
took during the Rebellion, differ
as to the constitutionality of these
Acts OF Congress. How the matter
lie, neither you nor I may dogmat.
ically affirm.
If you deem them constitutional
laws, and beneficial. to the country,
you not only have the right to pub.
lish your opinions, but it might be
your bounden duty as a citizen to
do 40. Not less 1t is the privilege
and duty of every citizen, wher-
everresiding, to publish his opinion
on this and every other question
which he thinks concerns his inter.
est. This is merely in accordance
with the principles of our free
government; and neither you nor
I would wish to live under any
other. 1t is time now, at the end
of almost two years from the close
of the war, we should begin to rec.
ollect what manner of people we
are; to tolerate again free popular
discussion, and extend some for
bearance aud consideration to the
opposing views. The maxims that
in all intellectual contests truth is
mighty and must prevail, and that
error Is harmless when reason is
left free to combat 1t, are not only
sound but salutary. 1t Is a poor
compliment to the merits of such
cause that its advocates would
silence opposition by force, and
generally those only who are in
the wrong will resort 10 this un.
generous means. / am confident
you will not submit your serious
. judgment to the proposition that
any amount of discussion, or any
sort of opinions, however unwise in
: your opinion; or any assertion o.
feeling, however resentful or bitter
r not resulting in q breach Of the
law, can furnish justification fo
your denial that profound peace
exists in Texas. You might al
we'll deny that profound peace ex
J lists in New York, Pennsylvania
Maryland, California, Ohio ant
Kentucky, where majority of tn
people differ with q minority OF
+ these questions; or that profount
peace exists in the House of Repre-
sentatives or the Senate at Wash
ington, or in the Supreme Court
, where all these questions hav
been repeatedly discussed, and par
ties respectfully and patient,
heard. You next complain that ii
!. parts of the State (rexas) it is diff
cult to enforce the criminal laws
that Sheriffs fail to arrest; tina
grand jurors will not always indict
that in some cases the militar,
acting in aid of the civil authori
, ties have not been able to execut
, the process of the Cou -ts; that petit
juries have acquitted persons ad
: judged guilty by you, and tina
: other persons charged with offense
have broke jail and fled from pros
ecution. 1 know not how thes
things are; but, admitting you
representation to be literally true
if for such reasons L should Sc
, aside the local civil tribunals ant
order Military Comm ission, Their
. is no place in the United State
| where it might not be done will
equal propriety. There is not {
State in the Union = North OF
South-where the like facts are moi
continually happening. Perfection
is not to be predicated of man or
his works. No one can reasonably
expect certain and absolute justice
J in human transactions; and il mil.
, itary power is to be set In motion
on the principles for which you
, would seem to contend, fear that
u civil government, regulated by
laws, could have no abiding place
beneath the circuit of the sun. II
, ia ro IA q r ~, 0ro than hi ~ cd In wan,